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HomeMy WebLinkAboutItem 5c - Second Reading of Ordinance No. 1713 (Shopping Carts) Item 5c Department: Public Works Cost Center: 5001 For Agenda of: 6/7/2022 Placement: Consent Estimated Time: N/A FROM: Shelly Stanwyck, Assistant City Manager Prepared By: Matt Horn, Public Works Director Greg Cruce, Deputy Director – Maintenance Operations Rebecca Bernstorff, Business Services and Administrative Manager Brendan Pringle, Administrative Analyst SUBJECT: SECOND READING OF ORDINANCE NO. 1713 (2022 SERIES) 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 RECOMMENDATION Adopt Ordinance No. 1713 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 8, Health and Safety, of the Municipal Code to add Chapter 8.10 pertaining to the unauthorized removal of shopping carts from retail establishments and to facilitate retrieval of abandoned shopping carts.” DISCUSSION Background On May 17, 2022, the City Council introduced Ordinance No. 1713 (2022 Series), amending Title 8 of the Municipal Code, to add Chapter 8.10 requiring the private management of shopping carts and retrieval of carts from public spaces. The Council discussed the recommendation at length and unanimously approved the introduction of the ordinance. Summary of Ordinance This proposed ordinance adds Chapter 8.10 to the City’s Municipal Code to facilitate the retrieval of abandoned shopping carts in the City of San Luis Obispo and defines “abandoned or unattended shopping cart” as a cart that is “left unattended, discarded or abandoned upon any public or private property other than the premises from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the authorization or consent of the cart’s owner.” The ordinance would deem abandoned or unattended shopping carts found off the premises of retail establishments, on either public or private property, to be a public nuisance, subject to abatement by the City if the private retail owners of the shopping carts do not ful fill their obligations to maintain their carts on-site or retrieve those that have migrated off -site. Page 19 of 652 Item 5c The objective of the ordinance is to provide a mechanism to place primary responsibility for managing carts with retailers who provide shopping carts to their customers and to set requirements for the prompt retrieval of carts that have been taken off business premises. It is narrow in scope, balancing business interest with community impact. The ordinance establishes requirements for cart containment and retrieval by cart owners, outlines procedures for impoundment of abandoned carts by the City, and defines the recovery from the cart owner of fines and costs incurred by the City. Businesses with 25 carts or more would be required to submit an Abandoned Shopping Cart Prevention and Retrieval Plan (Attachment B) that includes the following elements: cart identification, community outreach, and loss prevention measures. Policy Context Enacted in 1997, Chapter 19 of the California Business and Professions Code (Sections 22435 to 22435.13) known as the “California State Shopping Cart and Laundry Cart Law,” guides shopping cart abatement and impoundment. The California Business and Professions Code permits cities to develop an ordinance with regulations to eliminate the accumulation of abandoned shopping carts within city limits so long as it does not conflict with State law. However, those regulations only apply to a shopping cart that has a sign affixed to it. Since the cited provisions do not require shopping cart owners to affix the signs, many cities in California have adopted local ordinances to require signs and to further expand upon the provisions for management of shopping carts within their jurisdictions. The proposed ordinance is consistent with Sta te law, which makes it unlawful to remove a shopping cart from business premises or to possess it after it has been removed and following all notification and impoundment guidelines. The proposed Ordinance does not add any additional penalties against individuals for unlawfully removing a shopping cart. Individuals can already be cited under State law for this violation. The focus of the proposed ordinance is cart recovery and management by shopping cart owners. Staff believes that the implementation of the proposed additional language provides a clear, cost-effective and responsible approach to address the matter through proper responsible parties. Public Engagement The focus of public engagement has been to inform, educate, and listen to concerns. T he public engagement on the topic of shopping carts has included business community outreach to businesses with shopping carts, the San Luis Obispo Chamber of Commerce and Downtown SLO. Last year, the Police Department and others met with managers of large stores that have shopping carts to explore options to manage and retrieve errant carts. Additionally, in March and prior to consideration of this ordinance, staff have sent a follow up letter to all stores that have 25 or more shopping carts, making them aware of this proposed ordinance. Page 20 of 652 Item 5c CONCURRENCE This report reflects a multi-departmental effort with the City Attorney, Administration, Police, Fire, and Community Services Group, including Community Development, Parks and Recreation and Public Works, all in concurrence with the above-described approach and recommendation. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty that there is no possibility that the proposed Municipal Code Amendm ent regarding the security of shopping carts will have any effect on the environment (General Rule Exemption CEQA Guidelines Sec. 15061(b)(3)). Additionally, the proposed ordinance would be exempt per CEQA Section 15301 Existing Facilities, as there would be negligible or no expansion of use; CEQA Section 15308 Actions by Regulatory Agencies for the Protection of the Environment, as the proposed ordinance is intended to assure the maintenance and protection of the environment; and 15311 Accessory Structures, regarding potential placement on-premise signage needed for public notification associated with the proposed ordinance. FISCAL IMPACT Budgeted: N/A Budget Year: FY 2021-22 Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $0 $0 $0 $0 State Federal Fees Other: Total $0 $0 $0 $0 There are no direct fiscal impacts associated with this action, although significant staff time is being expended to deal with abandoned shopping carts. While this cost is covered through the annual budget appropriation for the various programs that are affected, this ordinance would allow staff to concentrate on service and p rogram delivery to the community. Page 21 of 652 Item 5c Additionally, the City will be offering an incentive program that utilizes $60,000 in economic development grant funds that have been set aside for this purpose. ALTERNATIVES While staff believe the ordinance presented is complete work, Council may want to pursue the following: 1. Modify the ordinance as proposed. The City Council may modify the ordinances before adoption. Depending on the scope of changes proposed, modification of the ordinances may require reintroduction during a subsequent public meeting. 2. Do not adopt the ordinance as proposed. This action is not recommended by staff as cart retrieval has become a significant effort, diverting important resources and City staff to the removal efforts instead of to the City’s core programs and services. 3. Provide further direction to staff regarding the ordinance. ATTACHMENTS A – Ordinance No. 1713 (2022 Series) B – Draft Abandoned Shopping Cart Prevention and Retrieval Plan Template Page 22 of 652 O 1713 ORDINANCE NO. 1713 (2022 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 8, HEALTH AND SAFETY, OF THE MUNICIPAL CODE TO ADD CHAPTER 8.10 PERTAINING TO THE UNAUTHORIZED REMOVAL OF SHOPPING CARTS FROM RETAIL ESTABLISHMENTS AND TO FACILITATE RETRIEVAL OF ABANDONED SHOPPING CARTS WHEREAS, The City has a substantial interest in promoting the public health, safety and welfare of its residents, visitors and businesses, and the aesthetic qualities of the City; and WHEREAS, Abandoned or unattended shopping carts off the premises of retail establishments can interfere with pedestrian and vehicle traffic and the use of public streets, sidewalks, public areas, and public rights-of-way, can constitute a hazard to streams, riparian areas and other natural areas, and contribute substantially to litter, clutter and visual blight; and WHEREAS, The purpose of this ordinance is to promote the public health, safety and welfare, and the aesthetic qualities of the City by regulating and prohibiting the removal of shopping carts from the premises of retail establishments, including designated parking areas, without the authorization or consent of the cart’s owner, and to regulate the retrieval and disposition of abandoned or unattended shopping carts that are found off the premises of retail establishments so as to: 1. Provide for pedestrian and vehicle safety; 2. Ensure that the flow of pedestrian or vehicle traffic, including ingress into or egress from any residence, place of business, street, sidewalk, public area, public right-of-way, or any legally parked or stopped vehicle, is not unreasonably interfered with; 3. Help protect streams, creeks, riparian areas, and other natural areas within the City; 4. Reduce litter, clutter, and visual blight associated with abandoned or unattended shopping carts; 5. Divert cart waste from the landfill; and 6. Balance the rights and interests of those engaged in commercial activities that provide shopping carts for use by customers with the rights and interests of those who do not want to be disturbed by abandoned or unattended shopping carts on private and public property. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: Page 23 of 652 Ordinance No. 1713 (2022 Series) Page 2 O 1713 SECTION 1. Findings. The Council hereby finds and declares the following: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The presence of abandoned or unattended carts, or parts thereof, on private or public property is found to create a condition tending to reduce the value of private property, to create blight and deterioration, interfere with pedestrian and vehicular traffic, to be injurious to health, safety, and general welfare, and contributes to landfill waste. The presence of abandoned or unattended carts, or parts thereof, on private or public property, except as expressly hereinafter permitted, is declared a public nuisance which may be abated as such in accordance with the provision of this chapter. 3. Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty that there is no possibility that the proposed Municipal Code Amendment regarding the security of shopping carts will have any effect on the environment (General Rule Exemption CEQA Guidelines Sec. 15061(b)(3)) and the proposed ordinance would be exempt per CEQA Section 15301 Existing Facilities, as there would be negligible or no expansion of use; CEQA Section 15308 Actions by Regulatory Agencies for the Protection o f the Environment, as the proposed ordinance is intended to assure the maintenance and protection of the environment; and 15311 Accessory Structures, regarding potential placement on-premise signage needed for public notification associated with the proposed ordinance. SECTION 2. Chapter 8.10 of the San Luis Obispo Municipal Code is hereby added to read as follows: 8.10.010. Authority and Purpose This Chapter is adopted pursuant to Business and Professions Code Sections 22435 through 22435.8 and the City’s general police powers for the purpose of regulating and prohibiting the removal of shopping carts from the premises of retail establishments, including designated parking areas, without the authorization or consent of the shopping cart’s owner, and to regulate the retrieval and disposition of abandoned or unattended shopping carts that are found off the premises of retail establishments. 8.10.020. Applicability This Chapter applies to all businesses located in the City that provide shopping carts for customer use and to all shopping carts on and off the premises of businesses within the City. 8.10.030. Administration The Director is authorized to administer this chapter which includes, without limitation, the ability to promulgate administrative policies and procedures to interpret, implement and enforce this chapter. Page 24 of 652 Ordinance No. 1713 (2022 Series) Page 3 O 1713 8.10.040. Definitions “Abandoned or unattended shopping cart” means any shopping cart which is left unattended, discarded or abandoned upon any public property other than the premises from which the shopping cart was removed, without the authorization or consent of the cart’s owner. "Abandoned shopping cart prevention and retrieval plan ," shall mean a document required to be submitted by the responsible business owner, pursuant to this chapter. “Agent” means the person or persons designated by the owner of a shopping cart authorized to perform or provide retrieval services on behalf of the owner. The agent may be the owner, store manager, employee or a private cart retrieval company. “Director” shall mean the Assistant City Manager, or Director of Utilities or Director of Public Works, or the Director of Community Development for the City of San Luis Obispo, or such other Director, as designated by the City Manager, to administer the appropriate sections of this chapter. “Occurrence” means the retrieval or impoundment by the City pursuant to this chapter of all shopping carts of an owner in a one -day period. “Owner” means a person who owns or provides shopping carts for use by customers in connection with the operation of a business. “Person” includes, without limitation, individuals, corporations, partnerships, and all other legal entities, and officers, employees, and authorized agents of an owner. “Premises” means the entire area owned and utilized by a retail establishment that provides shopping carts for use by customers, including any parking lot or other off-street area provided by an owner, or shared with other ret ail establishments, for use by customers for parking automobiles or other vehicles. “Public property” means the outdoor common area of any building, business premises, apartment building or complex, or other premises or portion thereof which is adjacent to public property, open to the public, and which contains a shopping cart or shopping carts visible at street or ground level from the adjacent public property. “Retail establishment,” with regard to shopping carts, means any business located in the City of San Luis Obispo which offers or provides shopping carts for the use by customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store. “Shopping cart” means a basket mounted on wheels or a similar device generally used by a customer for the purpose of transporting goods of any kind within a retail establishment or designated parking or loading area of that business establishment. Page 25 of 652 Ordinance No. 1713 (2022 Series) Page 4 O 1713 8.10.050. Required Signs and Identification A. Cart identification and removal warning signs required. Pursuant to Section 22435.1 of the Business and Professions Code, every shopping cart owned or provided by an owner shall have a sign permanently affixed to the shopping cart that includes the following information: 1. The owner’s name, business address and phone number. 2. Notice of the procedure to be utilized for authorized removal of the shopping cart from the premises. 3. Notice that unauthorized removal of the shopping cart from the premises or parking area of a retail establishment, or the unauthorized possession of the shopping cart, is a violation of state law and this ch apter. 8.10.060. Prohibitions A. Unauthorized removal unlawful. It shall be unlawful for any person, either temporarily or permanently, to remove a shopping cart from a business premises or be in possession of a shopping cart with a permanently affixed sign as provided in Section 8.10.050, that has been removed from a premises without written consent of the owner authorized by this chapter or for the purpose of repair, maintenance, or disposal authorized by this chapter. An owner may permit customer off -premises use of a shopping cart for transportation of purchased items. The authorization must be in writing with date (s) and time(s) of authorized use. Any shopping cart taken off premises must be returned to the owner’s premises within seventy-two (72) hours. B. Abandonment prohibited. It shall be unlawful and a public nuisance for any person to cause or permit any shopping cart to be abandoned or remain unattended on or upon any sidewalk, street, alley or other public area, other than the premises of the owner of such shopping cart. 8.10.070 Cart Containment and Retrieval by Owners A. Mandatory Secure Containment of Shopping Carts After Hours. Every shopping cart owner must lock or otherwise securely contain all shopping carts of the owner after business hours in a manner that prevents theft or removal from the premises. All shopping carts located on the premises of a retail establishment, other than an establishment open for business twenty-four hours per day, must be collected at the end of each business day by the owner, employees, or authorized agents of the retail establishment and be collectively confined in a secured manner in a designated cart confinement area on the premises until the commencement of the next business day. Page 26 of 652 Ordinance No. 1713 (2022 Series) Page 5 O 1713 All shopping carts located on the premises of any retail establishment open for business twenty-four hours per day, other than carts then currently in use by a customer, must be collected by the owner, employees, or authorized agents of the retail establishment and returned to a designated cart confinement area on the premises at least twice per calendar day between the hours of twelve p.m. (noon) and twelve a.m. (midnight) on each day the retail establishment is open for business. This section does not apply to: 1. Shopping carts located within an enclosed building. 2. Shopping carts removed from the premises of a retail establishment for purposes of repair or maintenance that are in the possession or custody of the party to whom removal has been authorized in writing by the shopping cart owner. 3. Shopping carts being transported by the owner, or an officer, employee, or authorized agent of the owner, to or from a business location of the owner. B. Mandatory Retrieval of Carts. All abandoned shopping carts of a retail establishment that are found off the premises of the retail establishment must be retrieved as soon as practicable by the owner, or an authorized agent of the owner, including a cart retrieval service retained by the owner. The City shall notify the owner of an abandoned shopping cart when such shopping cart is located in a place that can be accessed safely by the owner. Such notice may given be by telephone, email or text message to the owner or owner’s agent designated in the abandoned shopping cart prevention and retrieval plan, if an approved plan is in place, and shall include the cart’s location. Within three (3) business days from the date the owner of the cart is provided with notice by the City that an abandoned shopping cart of the owner has been located, the owner or agent shall cause the identified shopping cart(s) to be retrieved. C. Retrieval Services. Persons retained to perform shopping cart retrieval services must carry written authorization from the owner to be presented upon request by the Director or designee. Vehicles used by retrieval services must bear conspicuous signs identifying the name of the cart retrieval service. 8.10.080. Impoundment and Retrieval of Abandoned Shopping Carts A. The Director or designee may immediately retrieve and impound any shopping cart, in accordance with the provisions outlined in Business and Professions Code Section 22435.7. B. Impoundment Following Three-Day Notice. A shopping cart that has a sign affixed to it in accordance with the provisions of this chapter and Business and Professions Code Section 22435.1 may be impounded by the City provided both of the following conditions are met: Page 27 of 652 Ordinance No. 1713 (2022 Series) Page 6 O 1713 1. The shopping cart is located outside the premises or parking area of a retail establishment; and 2. Except as provided in the Impoundment Without Three -Day Notice section of this chapter, the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the City of the shopping cart’s discovery and location. C. Impoundment Without Three-Day Notice. 1. The City may retrieve and impound any abandoned shopping cart without first giving three-days’ notice provided: a. The Director or designee provides actual notice to the owner, or his or her agent, of the impoundment of the shopping cart within twenty-four (24) hours following the impound; b. The notice informs the owner, or his or her agent, of the location where the shopping cart may be claimed; c. Any shopping cart reclaimed by the owner, or his or her agent, within three (3) business days after the date of actual notice to the owner, or his or her agent, of the impound, must be released and surrendered to the owner, or his or her agent, at no charge, including the waiver of any impound and storage fees or fines which otherwise would be applicable; and d. The shopping cart is held at a location that is both: i. Reasonably convenient to the owner of the shopping cart; and ii. Open for business at least six (6) hours of each business day. D. Immediate Retrieval and Impoundment by City for Impeding Emergency Services. The Director or designee may immediately retrieve and impound any shopping cart from public or private property if the location of the shopping cart impedes emergency services. E. Any cart reclaimed by the owner or their agent within three (3) business days from the date the owner of the shopping cart, or their agent, is given actual notice by the City of the shopping cart’s discovery and location, or impoundment, shall not be deemed an occurrence for purposes of this chapter. F. The owner of any shopping cart that is not reclaimed within three (3) business days after the date the owner has been given actual notice by the City of the shopping cart’ s discovery and location, or impoundment, is subject to prosecution or the imposition of administrative costs, fees, fines, interest and other penalties applicable under this chapter commencing four (4) business days after the date of notice. Page 28 of 652 Ordinance No. 1713 (2022 Series) Page 7 O 1713 8.10.090. Abandoned Shopping Cart Prevention and Retrieval Plan A. Abandoned Shopping Cart Prevention and Retrieval Plan Required. Every owner who provides or intends to provide twenty-five (25) or more shopping carts to customers shall develop, implement and comply with the terms and conditions of an approved abandoned s hopping cart prevention and retrieval plan to prevent the unauthorized removal of shopping carts from a premises and, if removed, to retrieve the shopping cart within three (3) business days after knowing of the cart’s removal from the premises or after re ceiving notice from the City that the shopping cart has been abandoned. Owners of shopping carts who provide less than twenty-five (25) carts can self-certify and are not required to submit an abandoned shopping cart prevention and retrieval plan. To be effective, an abandoned shopping cart prevention and retrieval plan must be approved by the Director. To be eligible for approval, an abandoned shopping cart prevention and retrieval plan shall include the following elements: 1. Name. The name of the owner and the business name, the physical address where the business is conducted, name, address and phone number(s) of the on-site and off-site owner, if different. 2. Inventory of Carts. A complete list of all shopping carts maintained on or in the premises. 3. Community Outreach. A description of a community outreach process under which the owner shall cause notice to be provided to customers that the removal of shopping carts from the premises is prohibited and is a violation of state and City ordinance. This notice may include, but is not limited to, flyers distributed at the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, announcements using intercom systems at the premises, web site or other means demonstrated to be effective to the reasonable satisfaction of the Director. 4. Cart Identification. Signs and shopping cart identification requirements which conform to state law. Owners shall attach an example of the proposed shopping cart ownership identification sign which shall conform to California Business and Professions Code Section 22345.1. 5. Languages. The information required above must be provided in English and Spanish or in such other language the Director may reasonably require. 6. Loss Prevention Measures. A description of the specific measures that the owner shall implement to prevent shopping cart removal from the owner’s premises. These measures may include, but are not limited to, electronic or other disabling devices on the shopping carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return the shopping carts to the store, use of security personnel to prevent removal, security deposit for use of shopping cart, or other demonstrable measures acceptable to the Director that are likely to prevent shopping cart removal from the premises. Cart owners shall conduct regular maintenance to ensure disabling devices and/or security Page 29 of 652 Ordinance No. 1713 (2022 Series) Page 8 O 1713 deposit systems are working properly. If at any time, a cart owner determines the disabling device installed on a cart is not working properly, the cart shall be pulled from circulation until it is repaired. The cart owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned carts available for use. 7. Employee Training. A description of an ongoing employee training program that shall be implemented by the owner and that shall be designed to educate new and existing employees on the abandoned shopping cart prevention plan and conditions contained therein at least annually. 8. Mandatory Cart Retrieval. A plan for retrieval of abandoned shopping carts by the owner within three (3) business days after knowing of a cart’s removal from the owner’s premises or after receiving notice from the City that the shopping cart has been abandoned. B. Failure to Submit Plan. The plan must be submitted to the City within sixty (60) days after the ordinance that implements this chapter becomes effective or alternatively, if a business opens after th e date the ordinance that implements this chapter becomes effective, then within thirty (30) days after a business that uses carts commences operations. Any owner who fails to provide the abandoned shopping cart prevention and retrieval plan shall be required to pay the City $100 for each calendar month the plan is not provided, as a penalty for not complying with this Section 8.10.090. 8.10.100. Recovery of Fines and Costs by City A. Pursuant to Business and Professions Code Section 22435.7(f), any owner that fails to retrieve the owner’s shopping cart or shopping carts within three (3) business days from the date of being given notice of the cart’s or carts’ discovery and location, or impoundment, by the City, is guilty of a violation of this chapter and may be punished with an administrative fine of fifty dollars ($50) for each occurrence in excess of three (3) during the six-month period starting January 1 and ending on June 30 or the six-month period starting July 1 and ending December 31 of each calendar year. B. In addition to the fines imposed above, the owner shall pay the City’s actual costs for retrieving and storing the owner’ s shopping cart or carts except when the owner, or their authorized agent, reclaims their cart or carts within three (3) business days from being given notice of the cart’s or carts’ discovery and location, or impoundment, by the City, in which case, all fines, costs and fees shall be waived. Page 30 of 652 Ordinance No. 1713 (2022 Series) Page 9 O 1713 8.10.110. Disposal of Abandoned Shopping Carts The City may sell or otherwise dispose of any shopping cart: 1. That is not reclaimed from the City within thirty (30) days of receipt by the owner, or the owner’s agent, of actual notice from the City of the cart’s discovery and location, or impoundment. 2. If the owner of the cart cannot be determined. 3. If the cart is rendered unusable (e.g., mangled, destroyed). 8.10.120. Violation – Penalties Any person who violates any provision of this Chapter is guilty of an infraction and is subject to punishment as provided in Chapter 1.12 (General Penalty) or as provided under Chapter 1.24 (Administrative Code Enforcement Procedures). Page 31 of 652 Ordinance No. 1713 (2022 Series) Page 10 O 1713 SECTION 3. Publication. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30 ) days after its final passage. INTRODUCED on the 17th day of May 2022, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the______ day of______, 202 2, on the following vote: AYES: NOES: ABSENT: __________________________ Mayor Erica A. Stewart ATTEST: ________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. __________________________ Teresa Purrington City Clerk Page 32 of 652 City of San Luis Obispo Abandoned Shopping Cart Prevention and Retrieval Plan Instructions Unless otherwise indicated, please complete all sections of this form, and attach any necessary documentation. Plan (with documentation) must be mailed to the City of San Luis Obispo (919 Palm Street, San Luis Obispo, CA 93401) or sent via email by August 6, 2022, or alternatively, if your business opened after that date, then within 30 days after your business commences operations. This form is mandatory if your grocery store or retail establishment has 25 or more carts. Penalty for Failure to Submit: Failure to submit this plan will result in a noncompliance penalty of $100 per calendar month. General Information Business Name: Business Owner: Physical Address of Business: Business Registration Certificate Number: Expiration Date: Business Hours/Days: On-Site Manager’s Name: Daytime Phone: Email: Exemptions Any business owner may request an exemption from the requirements of this chapter if the owner provides written documentation and demonstrates to the satisfaction of the City that the business has less than 25 carts on the premises or has otherwise received approval for exemption from the Public Works Director. Explanation of Request for Exemption: □ My store has less than 25 carts on the premises □ Other (note below): ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Page 33 of 652 Cart Information & Identification Please indicate the total number of carts on the premises for public use: __________________ Every cart owned or provided by any business owner must have a sign permanently affixed to the cart that contains the following information in English and Spanish, in compliance with California Business and Professions Code Section 22345.1: 1. The owner’s name, business address and phone number. 2. Notice of the procedure to be utilized for authorized removal of the shopping cart from the premises. 3. Notice that unauthorized removal of the shopping cart from the premises or parking area of a retail establishment, or the unauthorized possession of the shopping cart, is a violation of state law and Chapter 8.10 of the San Luis Obispo Municipal Code. >DOCUMENTATION: Please provide samples or photos of signs and other cart identification. Signage Every business that owns or provides carts for the use of its customers within the City shall post conspicuous signs at or near each entrance to its parking lot and the public entrance doors to its store notifying its customers that removal of carts from the premises is prohibited. Signs and shopping cart identification requirements must conform to state law and comply with applicable provisions of Chapter 8.10 of the San Luis Obispo Municipal Code. >DOCUMENTATION: Attach an example of both the signage and shopping cart owner identification noted above to this document. Containment System Installation Has a physical or electronic containment system for the purpose of preventing shopping carts from leaving the property been installed? □ Yes □ No If yes, is the system currently operational? □ Yes □ No Please provide specific details on the type of system installed and/or attach any vendor documentation that will assist us in determining the sufficiency of the method used to contain carts. Also, please attach photos as an addendum to this document. If the system is not currently operational, please explain why not: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Page 34 of 652 Community Outreach, Loss Prevention, Employee Training and Retrieval Community Outreach: Please provide a description of the community outreach process under which the owner shall cause notice to be provided to customers that the removal of carts from the premises is prohibited, and a violation of state and City ordinance. This may include, but is not limited to, flyers distributed on the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, announcements using intercom systems on the premises, website or other means demonstrated to be effective to the reasonable satisfaction of the Director. Any posting of signs must comply with applicable provisions of Chapter 8.10 of the San Luis Obispo Municipal Code. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Loss Prevention: Please provide a description of the specific measures used to prevent cart removal from the premises. These measures may include, but are not limited to, electronic or other disabling devices on the carts so that they cannot be removed from the premises, security deposit systems, modifications to the carts and/or the retail location, use of courtesy clerks to accompany customers and return carts to the store, use of security personnel to prevent removal, or other demonstrably effective measures acceptable to the City, likely to prevent cart removal from the premises: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Page 35 of 652 Employee Training: Please provide a description of an ongoing employee training program that shall be implemented by the owner and that shall be designed to educate new and existing employees on the Abandoned Shopping Cart Prevention and Retrieval Plan and conditions contained therein at least annually. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Cart Retrieval: Please provide a plan for retrieval of abandoned carts by the owner within three (3) business days after knowing of a cart’s removal from the owner’s premises or after receiving notice from the City that the shopping cart has been abandoned, or a copy of a contract with a business registered to operate in San Luis Obispo and approved retrieval service. All contracts for retrieval must include language prohibiting limits on daily loads and/or limits on daily or weekly drop-off of abandoned carts. Note: Persons retained to perform shopping cart retrieval services must carry written authorization from the owner to be presented upon request by the Director or designee. Vehicles used by retrieval services must bear conspicuous signs identifying the name of the cart retrieval service. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Other Attachments: Please attach any supplemental photos or documents noted in the sections above to this plan prior to submission.  Clear photos of cart containment system  Vendor documentation for cart containment system (optional)  Clear photos of required signage  Clear photos of cart identification Page 36 of 652 Item 5d Department: Administration Cost Center: 1021 For Agenda of: 6/7/2022 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Kevin Christian, Deputy City Clerk SUBJECT: ADVISORY BODY APPOINTMENTS FOR CURRENT VACANCIES ON THE ACTIVE TRANSPORTATION COMMITTEE, PERSONNEL BOARD, AND TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD, AND MODIFIED TERM LIMIT ON THE TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD RECOMMENDATION Confirm the appointment of Jill Caggiano to the Active Transportation Committee (ATC), Linda Mielke to the Personnel Board (PB), Lori Keller to the Tourism Business Improvement District Board (TBID), and to extend the term of Clint Pearce on the TBID by one year. DISCUSSION Annual appointments to the various City Advisor y Body Committees were made at the March 15, 2022, City Council meeting. The process for those appointments included recruitment by the City Clerk’s office, interviews, and recommendations by the respective City Council sub-committees, with final confirmation of those recommendations made by the full Council. The applications of qualified candidates who are not chosen for immediate appointment are held for one -year for possible consideration in the event an unscheduled vacancy occurs. When unscheduled vacancies occur throughout the year, outreach to the qualified applicant list is conducted along with any necessary new recruitment for the given vacancies. Active Transportation Committee: Due to a resignation in May 2022, there is an unscheduled vacancy on the ATC. Using the qualified applicants list from the annual recruitment, the Council Liaison Subcommittee members assigned for the ATC, Councilmembers Christianson and Pease, recommend Jill Caggiano to fill the vacant term ending March 31, 2023. Personnel Board: Due to a lack of applicants during annual recruitment, one seat on the PB has been vacant since April 1, 2022. Recruitment continued to fill this seat and was successful in attracting a qualified candidate. The Council Liaison Subcommittee members assigned for the PB, Councilmembers Shoresman and Christianson, recommend Linda Mielke to fill the vacant term ending March 31, 2026. Page 37 of 652 Item 5d Tourism Business Improvement District Board: Due to recent resignations from the TBID, there have been as many as four concurrent vacancies on this board in the past two months. Recruitment has been ongoing since the first resignation in late March 2022. The Council Liaison Subcommittee members assigned for the TBID, Councilmembers Christianson and Shoresman, recommend Lori Keller to a four-year term ending March 31, 2026, to begin immediately. Additionally, to correct for a discrepancy in term lengths on the board, they recommend that the term of recently appointed Board Member Clint Pearce1 be modified to end March 31, 2026, rather than March 31, 2025 (see policy context below). At the time of this report writing, recruitment remains open for two remaining vacancies. Policy Context The Advisory Body Handbook, last adopted by City Council in September 2021, outlines the recruitment procedures, membership requirements, and term limits for all advisory bodies. Additionally, the City Council Policies and Procedures Manual, last updated April 2022, describes the “Appointment Procedure” and “Process” for Advisory Body appointments. Recruitment and appointment recommendations were performed in conformance with all recruitment procedures, processes, and bylaws found in these resources. Further, the Council Policies and Procedures section 6.7.2.1 states, “The term of office for each appointee to an advisory body shall be a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year.” The recommendation to extend the appointment of Clint Pearce will achieve the desired term ending balance that no more than two terms expire each year for this board, while not exceeding the four-year term length maximum. California Government Code Section 54972, Local Appointments List (Maddy Act), requires that on or before December 31st of each year, each legislative body shall prepare an appointments list for their boards, commissions, and committees whose members serve at the pleasure of the legislative body. This obligation was met and is on -going. Public Engagement Notices that the City was accepting applications for City Advisory Bodies were placed in The New Times, on the City’s website and “e-notification” service, listed in the annual Local Appointments List (Maddy Act Notice – GC 54972) on the City Website and City Information kiosk, and distributed via City social media outlets, in November 2021 for the annual recruitment. Following Maddy Act guidelines, notices were posted in the City Information kiosk outside City Hall and on the Advisory Body Vacancies page of the City’s website alerting the public that the City was specifically accepting applications for the vacancies on the ATC, the PB, and the TBID, when the vacancies occurred. CONCURRENCE The Council liaisons for the ATC, PB, and TBID concur with the recommendation. 1 Council Agenda Report dated May 3, 2022 Page 38 of 652 Item 5d ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: N/A Budget Year: N/A Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $N/A $ $ $ State Federal Fees Other: Total $N/A $N/A $N/A $N/A Advisory body members serve as volunteers and donate their time. The costs related to recruitment is accounted for in the annual budget appropriation in the City Clerk program. ALTERNATIVES 1. Council could recommend changes to the sub-committee recommended appointments or direct staff to re-open recruitment for additional candidates. This is not recommended as there were sufficient qualified candidates for the positions, and the Council Liaisons for the committee feel that they have been quite thorough in their consideration of applicants and the Council’s needs in their selection process. 2. Council could recommend changes to the term length recommendation for Clint Pearce on the TBID. This is not recommended as the intent is to comply with the Council Policies and Procedures which helps ensure that the Board membership does not drop below a quorum and aides in the annual recruitment efforts. Page 39 of 652 Page 40 of 652 1010 Marsh St., San Luis Obispo, CA 93401 (805) 546-8208 . FAX (805) 546-8641 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Luis Obispo, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party interested in the above entitled matter. I am the principal clerk of the printer of the New Times, a newspaper of general circulation, printed and published weekly in the City of San Luis Obispo, County of San Luis Obispo, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of San Luis Obispo, State of California, under the date of February 5, 1993, Case number CV72789: that notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and nor in any supplement thereof on the following dates, to-wir: ;Soft Z in the year 2022. I certify (or declare) under the the penalty of perjury that the foregoing is true and correct. Dated at San Luis Obispo, California, this day Z of `AJIVC- .2022. Patricia Horton, New Times Legals Proof of Publication of SAN LUIS OBISPO CITY COUNCIL ORDINANCE NO. 1713 (2022 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE B. HEALTH AND SAFETY, OF THE MUNICIPAL CODE TO ADD CHAPTER 8.10 PERTAINING TO THE UNAUTHORIZED REMOVAL OF SHOPPING CARTS FROM RETAIL ESTABLISHMENTS AND TO FACILITATE RETRIEVAL OF ABANDONED SHOPPING CARTS NOTICE IS HEREBY GIVEN that the City Council of the City of San Luis Obispo, California, at its Regular Meeting of May 17, 2022, introduced the above titled Ordinance upon a motion by Council Member Marx, second by Vice Mayor Christianson, and on the following roll call vote: AYES:Council Member Marx, Pease, Shoresman, Vice Mayor Christianson, and Mayor Stewart NOES:None Ordinance No. 1713 (2022 Ser'esI - This is a City Ordinance to amend Title 8, Health and Safety, of the Municipal Code to add Chapter 8.10 pertaining to the unauthorized removal of shopping carts from retail establishments and to facilitate retrieval of abandoned shopping carts. The objective of the ordinance is to provide a mechanism to place primary responsibility for managing carts with retailers who provide shopping carts to their customers, and to set requirements for the prompt retrieval of carts that have been taken off business premises. A full and complete copy of the aforementioned Ordinance is available for inspection as part of the published agenda packet for the June 7, 2022 Council Meeting, or you may call (805) 781-7100 for more information. NOTICE IS HEREBY GIVEN that the City Council of the City of San Luis Obispo will consider adopting the Ordinance at its Regular Meeting of June 7, 202Y, w 6.00 p.m. in the Council Chambem at City Hall, 990 Palm Street, San Luis Obispo. The City Council meeting will be televised live on Charter Cable Channel 20 and live streaming on the Citys YouTube channel httDJI( youtube.slo.ciN. Public comment, prior to the start of the meeting, may be submitted in writing to the City Clerk's Office, 990 Palm Street, San Luis Obispo, CA 93401 or by email to emailcounciMigcity om. Teresa Purrington City Clerk June 2, 2022 Ad—,&P,—a 1.NTMGAdmiNNTMG 0nIcaB0.SINISS, NW, NonmgP,nofofq�F