City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council introduce:
1) An Ordinance amending subchapter 3.04.300, et seq. of the Culver City Municipal
Code, “Disposition Of Unclaimed Property,” by adding Section 3.04.320 relating to
abandoned property (Attachment 1); and
2) An Ordinance repealing and replacing Section 13.02.015 of the Culver City
Municipal Code relating to the removal of shopping carts (Attachment 2).
BACKGROUND:
The proposed Ordinances, relating to abandoned property and shopping carts, are
part of an overall package of proposed amendments to the Culver City Municipal
Code (“CCMC”), which were discussed and recommended by the Homelessness
Subcommittee (Council Member Gross and Vice Mayor Silbiger) and Task Force
(consisting of City staff from various Departments, including CAO; City Attorney;
Community Development; Parks, Recreation and Community Services; Police and
Fire), as a result of the direction of the City Council at its meeting of July 26, 2004.
At that time, the City Council took a number of specific actions to address
community concerns relating to these issues, including directing staff to review
various provisions of the City’s Municipal Code to determine whether certain
Meeting Date: 12/19/05 Item Number: A-2
AGENDA ITEM: Introduction of: 1) Ordinance Amending Subchapter 3.04.300, et
seq. of the Culver City Municipal Code, “Disposition Of Unclaimed Property,” by
Adding Section 3.04.320 Relating to Abandoned Property; and 2) Ordinance
Repealing and Replacing Section 13.02.015 of the Culver City Municipal Code
Relating to Removal of Shopping Carts.
Contact Person/Dept.: Heather Iker/City
Attorney
Phone Number: (310) 253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master Notification List (12/14/05)
Department Approval:
Carol Schwab, City Attorney (12/13/05)
CAO Approval:
Martin Cole for Jerry Fulwood 12/14/05
City Controller Approval: N/ACity of Culver City, California
City Council Agenda Item Report
sections should be amended in order to improve enforceability of current City
regulations relating to nuisance activity occurring in the City. Other recommended
amendments, which related to park regulations, were presented to the Parks and
Recreation Commission at its November 16, 2005 meeting and the City Council at
its December 12, 2005 meeting.
DISCUSSION:
Ordinance Relating to Abandoned Property:
Sections 2080, et seq. of the California Civil Code set forth procedures related to lost
and unclaimed property, and authorize local agencies to adopt their own such
procedures (Section 2080.4), which are not inconsistent with State law. Currently,
the Culver City Municipal Code includes such procedures, as set forth in subchapter
3.04.300, et seq. (Attachment 3); however, the application of such provisions does
not distinguish between unclaimed and abandoned property. California Civil Code
Section 2080.7 states that the obligations relating to lost and unclaimed property do
not apply to property that has been intentionally abandoned by its owner. The
proposed Ordinance will add similar language to subchapter 3.04.300, et seq. of the
CCMC to be consistent with State law.
Ordinance Relating to Shopping Carts:
The City has experienced an increase in complaints regarding the removal of
shopping carts from retail establishments, the abandonment of shopping carts on
public streets and rights-of-way throughout the City, and individuals using shopping
carts that belong to City businesses for the storage and transportation of personal
property. These issues have caused the City and the community concerns
regarding visual blight and safety, including the potential for carts to roll into traffic
causing injury and property damage.
The current provisions of Section 13.02.015 of the Culver City Municipal Code
(Attachment 4), which prohibit the removal of shopping carts from retail
establishments, provide the City with limited enforcement capabilities. Current State
law, as set forth in Sections 22435 through 22435.5 of the California Business and
Professions Code, provides for a more comprehensive regulatory scheme relating to
the removal and possession of shopping carts; however, violations of the California
Business and Professions Code are prosecuted by the Los Angeles County District
Attorney’s Office, which already has a very heavy caseload. The City’s adoption of
these State regulations would allow for City prosecution and provide the City with
additional options and flexibility when pursuing these types of violations.City of Culver City, California
City Council Agenda Item Report
The amendments contained in the proposed Ordinances have been discussed and
recommended by the Homelessness Subcommittee, Task Force and Ad Hoc
Committee, and are now before Council for consideration.
FISCAL ANALYSIS:
Adoption of the proposed Ordinances may require increased enforcement activity by
the Police Department. These costs cannot be easily quantified.
ATTACHMENTS:
1. Proposed Ordinance relating to abandoned property.
2. Proposed Ordinance relating to shopping carts.
3. CCMC §§ 3.04.300, et seq. (existing provisions).
4. CCMC § 13.02.015 (existing provisions).
MOTION:
That the City Council:
1. Introduce the Ordinance amending subchapter 3.04.300, et seq. of the Culver
City Municipal Code, “Disposition Of Unclaimed Property,” by adding Section
3.04.320 relating to abandoned property; and
2. Introduce the Ordinance repealing and replacing Section 13.02.015 of the Culver
City Municipal Code relating to the removal of shopping carts.
MEETING DATE 12/19/05
AGENDA ITEM Introduction of 1) Ordinance Amending Subchapter 3 04 300,
et seq of the Culver City Municipal Code, "Disposition of
Unclaimed Property," by Adding Section 3 04 320 Relating to
Abandoned Property, and 2) Ordinance Repealmg and
Replacing Section 13 02 015 of the Culver City Municipal Code
Relating to Removal of Shopping Carts
ATTACHMENTS
Pages|109| Proposed Ordinance relating to abandoned property 1-2|109| Proposed Ordinance relating to shopping carts 3-7|109| CCMC §§ 3 04 300, et seq (existing provisions) 8-9|109| CCMC § 13 02 015 (existing provisions) 10I|1010101010101010 10
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ORDINANCE NO 2005-
AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA,
AMENDING SUBCHAPTER 3 04300, et seq OF THE CULVER CITY
MUNICIPAL CODE, "DISPOSITION OF UNCLAIMED PROPERTY," BY
ADDING SECTION 3 04 320 RELATING TO ABANDONED PROPERTY
WHEREAS Sections 2080, et seq of the California Civil Code set forth
procedures related to lost and unclaimed property and
WHEREAS, Section 2080 4 of the California Civil Code authorizes local
agencies to adopt their own procedures related to lost and unclaimed property which are
not inconsistent with State law, and
WHEREAS, the City of Culver City has adopted such procedures as set forth
in subchapter 3 04 300, et seq of the Culver City Municipal Code, and
WHEREAS, the provisions of subchapter 3 04 300, et seq of the Culver City
Municipal Code do not distinguish between unclaimed and abandoned property, and
WHEREAS, Section 2080 7 of the California Civil Code states that the
obligations relating to lost and unclaimed property do not apply to property that has been
intentionally abandoned by its owner, and
WHEREAS, consistent with State law, it is the intent of the City Council of the
City of Culver City that the provisions of subchapter 3 04 300, et seq of the Culver City
Municipal Code not be applicable to property that has been intentionally abandoned by its
owner
NOW THEREFORE the City Council of the City of Culver City, California,
DOES HEREBY ORDAIN as follows
SECTION 1 Section 3 04 320 of the Culver City Municipal Code is hereby
added as follows
§3 04 320 ABANDONED PROPERTY
The provisions of this subchapter shall have no application to
property which has been intentionally abandoned by its owner
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SECTION 2 Pursuant to Section 514 of the City Charter, this Ordinance
shall take effect thirty (30) days after the date of its adoption Pursuant to Sections 512
and 517 of the City Charter, prior to the expiration of fifteen (15) days after the adoption,
the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the
Culver City News and shall post this Ordinance or a summary thereof in at least three
places within the City
SECTION 3 The City Council hereby declares that if any provision section
subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason of any preemptive legislation, then the City Council would have independently
adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
or words of this ordinance and as such they shall remain in full force and effect
APPROVED AND ADOPTED this day of , 2005
ALBERT M VERA, Mayor
City of Culver City, California
ATTEST APPROVED AS TO FORM
CHRISTOPHER ARMENTA City Clerk CAROL A SCHWAB, City Attorney
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30Agrrocomsar
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ORDINANCE NO 2005-
AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA,
REPEALING AND REPLACING SECTION 13 02 015 OF THE CULVER
CITY MUNICIPAL CODE RELATING TO REMOVAL OF SHOPPING
CARTS
WHEREAS the City of Culver City has experienced an increase in
complaints regarding the removal of shopping carts from retail establishments, the
abandonment of shopping carts on public streets and rights-of-way throughout the City,
and individuals using shopping carts that belong to City businesses for the storage and
transportation of personal property and
WHEREAS, these issues relating to shopping carts have caused the
City and the community concerns regarding visual blight and safety including the potential
for carts to roll into traffic causing injury and property damage, and
WHEREAS the current provisions of Section 13 02 015 of the Culver City
Municipal Code, which prohibit the removal of shopping carts from retail establishments,
provide the City with limited enforcement capabilities, and
WHEREAS, current State law, as set forth in Sections 22435 through
22435 5 of the California Business and Professions Code, provides for a more
comprehensive regulatory scheme relating to the removal and possession of shopping
carts and
WHEREAS, violations of the California Business and Professions Code are
prosecuted by the Los Angeles County District Attorney's Office, and
WHEREAS, the City s adoption of these State regulations would allow for City
prosecution and provide the City with additional options and flexibility when pursuing these
types of violations
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NOW THEREFORE the City Council of the City of Culver City California
DOES HEREBY ORDAIN as follows
SECTION 1 Section 13 02 015 of the Culver City Municipal Code is hereby
repealed and replaced with the following new Section 13 02 015
A Definitions For purposes of this Section, the following
definitions shall apply
7 1 Shopping cart means a basket which is mounted on
8 wheels or a similar device generally used in a retail establishment by a customer for
9 the purpose of transporting goods of any kind
10 2 Laundry cart means a basket which is mounted on
11 wheels and used in a coin-operated laundry or dry cleaning retail establishment by a
12 customer or an attendant for the purpose of transporting fabrics and the supplies
13 necessary to process them
14 3 Parking area means a parking lot or other property
15 provided by a retailer for use by a customer for parking an automobile or other
16 vehicle
17 B Application The provisions of this section shall apply when a
18 shopping cart or a laundry cart has a sign permanently affixed to it that identifies the
19 owner of the cart or the retailer or both notifies the public of the procedure to be
20 utilized for authorized removal of the cart from the premises, notifies the public that
21 the unauthorized removal of the cart from the premises or parking area of the retail
22 establishment or the unauthorized possession of the cart is a violation of state law
23 and lists a valid telephone number or address for returning the cart removed from
24 the premises or parking area to the owner or retailer
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-2-|101010101010|6C Prohibitions It 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
13 02 015 (B)|109| 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|109| 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
3 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|109| 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 the owner or retailer of possession of
the cart|109| 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|109| 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
D Consent The provisions of this Section shall not apply to the
owner of a shopping cart or laundry cart or to a retailer, or their agents or
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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 13 02 015 (C)
E Cart ownership 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 13 02 015 (B) 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
F Violations Any person who violates any of the provisions of this
section is guilty of a misdemeanor
G Application of other laws The provisions of this section are not
intended to preclude the application of any other laws relating to prosecution for
theft
SECTION 2 Pursuant to Section 514 of the City Charter, this Ordinance
shall take effect thirty (30) days after the date of its adoption Pursuant to Sections 512
and 517 of the City Charter, prior to the expiration of fifteen (15) days after the adoption
the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the
Culver City News and shall post this Ordinance or a summary thereof in at least three
places within the City
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28SECTION 3 The City Council hereby declares that, if any provision, section,
subsection paragraph sentence phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason of any preemptive legislation, then the City Council would have independently
adopted the remaining provisions sections, subsections paragraphs sentences, phrases
or words of this ordinance and as such they shall remain in full force and effect
APPROVED AND ADOPTED this day of , 2005
ALBERT M VERA, Mayor
City of Culver City, California
ATTEST APPROVED AS TO FORM
CHRISTOPHER ARMENTA, City Clerk CAROL A SCHWAB, City Attorney
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28DISPOSITION OF UNCLAIMED PROPERTY
§ 3 04 300 UNCLAIMED PROPERTY, DISPOSITION PROCEDURE
A Unclaimed property in the possession of the Police Department shall be held by
the Police Department for a penod of at least four (4) months, except that bicycles shall
be held for a penod of at least three (3) months
B Thereafter, unless otherwise provided by law, the Police Department shall|109| Sell such property at public auction to the highest bidder, with notice of the
sale being given by the Chief of Police at least five days before the time fixed therefor by
publication once in a newspaper of general circulation, circulated within the City and
published m the County, or
2 Transfer such property to the Purchasing Officer for sale to the public at
public auction, or
3 Transfer to the Chief of Police any such bicycle which is needed for use in a
program designed to prevent juvenile delinquency, a record of such use or disposition
shall be kept by the Chief
('65 Code, § 28-21) (Ord No CS-94 § 1, Ord No CS-970 § 1)
§ 3 04 305 RECORDS
The Chief of Police shall keep a complete record showing when such property came
into the possession of the Police Department, a description thereof, a record of where the
same was found or from whom taken, and when claimed, the person making such claim,
or when advertised and sold, the date of such sale, the name and address of the purchaser
and the sale pnce thereof
('65 Code, § 28-22)
§ 3 04 310 DISPOSITION OF FUNDS
All monies received as a result of such sales shall be paid to the City Treasurer and by
him deposited in the General Fund of the City
('65 Code, § 28-23) (Ord No CS-94 § 2)§ 3 04 315 CONVERSION OF UNCLAIMED PROPERTY BY CITY
Any property not exceeding Ten Thousand Dollars ($10,000 00) in value or cash not
exceeding Ten Thousand Dollars ($10,000 00) coming into the possession of the Police
Department which is determined by the Chief Administrative Officer to be unclaimed and
needed for City use shall be converted for City use, provided, however, that nothing shall
be construed herein to limit or modify the provisions of the Penal Code pertammg to the
disposition of weapons or contraband Property valued in excess of Ten Thousand
Dollars ($10,000 00) or cash exceeding Ten Thousand Dollars ($10,000 00) shall be
submitted to the City Council for review before conversion
('65 Code, § 28-25) (Ord No CS-538, Ord No 95-019 § 1)
i§ 13 02 015 REMOVAL OF SHOPPING CARTS PROHIBITED,
EXCEPTIONS
A Removal of prohibited It shall be unlawful for any person to remove any
shopping cart, shopping basket or other similar device from the premises or parking area
of any business establishment if such shopping cart, basket or device has permanently
affixed to it a sign identifying it as belonging to such business establishment and
contammg the words "Removal from these premises without written consent is
prohibited" and if there is also conspicuously posted on said premises a sign contaimng
the words "Removal of shopping carts from these premises without written permission is
unlawful " ('65 Code, § 23-33)
B Exceptions The provisions of Subsection A shall not apply to a temporary
removal by an employee of the establishment in the normal course and scope of his
employment, nor to a temporary removal by a customer of such establishment possessing
the written consent of the owner, manager or authorized agent of the establishment ('65
Code, § 23-34) (Ord No CS-422)