HomeMy WebLinkAbout5/17/2022 Item 6c, Bernstorff - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: May 17, 2022
TO: Mayor and Council
FROM: Rebecca Bernstorff, Business Services and Administrative Manager
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 6c - INTRODUCTION OF AN ORDINANCE AMENDING THE SAN
LUIS OBISPO MUNICIPAL CODE TO ADD CHAPTER 8.10 (SHOPPING
CARTS), REQUIRING THE PRIVATE MANAGEMENT OF SHOPPING
CARTS AND RETRIEVAL OF CARTS FROM PUBLIC SPACES
Staff received the following questions, regarding the shopping cart ordinance. The
questions are below with staff’s response shown in italics:
1) We must not be the only ones dealing with this problem. What do other jurisdictions
do? Did we model our ordinance after anything/anyone?
Numerous municipalities throughout the state have adopted similar ordinances to
address this growing health, safety and environmental issues, including several
that we used in our Citywide Compensation Study set, to name a few:
• City of Ventura
• City of Santa Barbara
• City of Santa Maria
• City of Pleasanton
• City of Salinas
• City of Santa Paula
We conducted a plethora of research and did model our ordinance in accordance
with other cities, which all had very similar outlines and information. The goal of
these ordinances, including this proposed one, is solely d irected to abandoned
shopping carts and incentivizing containment of them on business premises
consistent with Chapter 19 of the California Business and Professions Code.
2) Where did the timeframes come from in the draft ordinance (30 days, 60 days, 3
days, 6 months)?
The timeframes were drafted in similarity to our research with other cities’
ordinances. If any of the timeframes in our research weren’t feasible (i.e. Santa
Barbara requires a 24-hour turnaround time to retrieve abandoned shopping carts),
we took that into consideration and ensured a reasonable response time. The aim
Item 6c – Staff Agenda Correspondence Page 2
for this ordinance is not a punishment, but a partnership with businesses,
understanding and respecting challenges and constraints, to provide realistic
expectations.
3) Would it be the prerogative of council to tweak those if desired or are they
grounded in some other policy or ordinance that makes that possibility difficult for
staff?
The timeframes are not grounded in another policy or ordinance existing within the
City, however some of them are guided by the California Business and Professions
Code. Additionally, they were crafted in partnership with our City Attorney’s Office
to provide for a fair response from businesses and in balance with the urgency of
upholding public health, safety and welfare of the community and the aesthetic
qualities of the City.