HomeMy WebLinkAbout9/7/2016 - STAFF REPORTS - 3.B. P ALM St+
9
a
V N
°4<.FORN,P CITY COUNCIL STAFF REPORT
DATE: September 7, 2016 Legislative
SUBJECT: PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL
CODE CHAPTER 11.100, ABATEMENT OF ABANDONED SHOPPING
CARTS, TO FURTHER REDUCE THE NUMBER OF SUCH CARTS
LITTERING PRIVATE PROPERTIES AND THE PUBLIC RIGHTS-OF-
WAY
FROM: David H. Ready, City Manager
BY: Community & Economic Development
SUMMARY
The City Council will consider modification of the current regulations concerning
abandoned shopping carts. The goal would be to prevent shopping carts from being
abandoned in locations where they are visually blighting or pose a threat to the safety of
motorists and pedestrians.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only; and
2. Introduce on first reading Ordinance No. "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 11.100 OF
THE PALM SPRINGS MUNICIPAL CODE RELATING TO ABATEMENT OF
ABANDONED SHOPPING CARTS."
STAFF ANALYSIS:
Abandoned shopping carts become a public nuisance when they are left in the public
right-of-way, posing safety threats to motorists and pedestrians. They are also a
visually blighting influence on the community when left at bus stops and in parkways,
washes, landscaped medians and storm water retention basins.
Since 1995, Palm Springs has had an ordinance aimed at protecting the city from the
public nuisance posed by abandoned shopping carts. The existing ordinance makes it
a crime to remove a shopping cart from business premises, to possess it after it has
ITEM NO. A
City Council Staff Report
September 7, 2016-- Page 2
Shopping Cart Ordinance Modifications
been removed, and for a business to allow a cart to be removed from its premises.
Recently, an increasing number of business owners have been calling for tighter
regulation on abandoned shopping carts, prompt removal of the carts, and stiffer
penalties for those who possess the carts illegally.
The attached ordinance would enhance regulations on shopping carts in several ways.
Existing Retailers are required to implement either a physical barrier system (a
"containment" system) to keep carts on site, or a retrieval system to assure that
shopping carts are returned to the premises within 24 hours.
New Business or businesses that spend greater than $100,000 remodeling their store
are required to install a cart containment system and implement a cart retrieval system;
and eliminating the need for issuing courtesy notices before citations for violation of the
ordinance.
A draft ordinance was distributed to owners and managers of businesses with more
than five shopping carts, to ONE-PS, and to the Council Subcommittees on
Homelessness and on Business Retention (Councilmembers Foat and Kors serve on
both subcommittees).
The business owners had several suggestions for modifications; some of which were
incorporated into the ordinance presented here, but were generally opposed to the
additional regulation. (Copies of their written responses are attached to this staff report).
The ONE-PS Code Enforcement & Public Works Committee voted 6-3 in support of the
ordinance as originally drafted, but members were concerned about verifying that it was
necessary, and that problems being experienced wouldn't be resolved simply by stricter
enforcement of the existing ordinance.
Staff suggests that the City Council consider the level of nuisance currently created by
shopping carts abandoned on private properties and in public rights-of-way and review
the existing regulations concerning retrieval of the carts and abatement of the nuisances
they create. Then, if appropriate, waive further reading and pass on to second reading
the proposed ordinance.
FISCAL IMPACT:
Costs to the City of Palm Springs for administering the program, including
review/approval of Shopping Cart Retrieval Plans and Containment Plans, would be
partially offset by the fees charged for processing the plans. City staff will prepare a
resolution setting fees for the following administrative actions: review and approval of a
Cart Containment Plan; review and approval of a Cart Retrieval Plan; modification of a
Cart Retrieval or Cart Containment Plan; and abatement and storage of an abandoned
shopping cart.
02
City Council Staff Report
September 7, 2016-- Page 3
Shopping Cart Ordinance Modifications
Business owners will incur costs of up to $50,000 if they choose to implement Cart
Containment Plans that use buried wire disabling systems to prevent removal of shopping
carts from their premises. Other physical barriers would be less expensive, but would
change the operation of their businesses in less quantifiable ways (preventing shoppers
from leaving the store with their carts, for example). Annual charges for shopping cart
retrieval by an independent contractor typically cost another $2,500 to $5,000 per year.
Lauri Aylaian, Director David H. eal�dy, Esq.,
Community & Economic Development City Manager
Attachments: Draft Ordinance
Business Owner Correspondence
03
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 11.100 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO ABATEMENT OF
ABANDONED SHOPPING CARTS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Chapter 11.100 of the Palm Springs Municipal Code is amended to
read:
Chapter 11 .100
ABATEMENT OF ABANDONED SHOPPING CARTS
11.100.010 Purpose
11.100.020 Declaration of a Public Nuisance
11.100.030 Definitions
11.100.040 Administration and Enforcement
11.100.050 Shopping Cart Abatement
11.100.060 Hearings on Shopping Cart Abatement
11.100.070 Disposition of Shopping Carts
11.100.080 Removal and Disposition
11.100.090 Removal from Premises
11.100.100 Abandonment Prohibited
11 .100.120 Owner's Responsibility
11 .100,130 Unlawful Possession
11 .100.140 Abandoned Shopping Carts
11 .100.150 Cart Retrieval Plan
11 .100.160 Cart Containment Plan
11 .100.170 Plan Submission and Approval
11 .100.180 Violations and Enforcement
11 .100.185 Penalties and Fines
11.100.010 Purpose
The purpose of this Chapter is to establish regulations to ensure that
reasonable measures are taken by the owner and operators of businesses,
which provide shopping carts for the convenience of customers, to prevent the
removal of shopping carts from business premises and parking lots and to
provide for the prompt retrieval of lost, stolen, or abandoned shopping carts.
This Chapter complements and supplements provisions of state law and adopts
local regulations to the extent not otherwise preempted by state statute regarding
the unauthorized removal of shopping carts from the premises and parking areas
of Retail Establishments.
114t766.1 1 04
11.100.020 Declaration of a Public Nuisance
Many Retail Establishments provide shopping carts for the convenience of
customers while shopping on the premises of such businesses. Nevertheless,
shopping carts removed from the premises of such businesses and left
abandoned on public or private property throughout the city constitute a public
nuisance and a potential hazard to the health and safety of the public. The
proliferation of lost, stolen, or abandoned shopping carts on public and private
property (a) causes blighting conditions in the community, (b) results in the
obstruction of free access to public and private sidewalks, streets, parking lots,
and other ways, (c) interferes with pedestrian and vehicular traffic on public and
private streets, and (d) impedes emergency services. For these reasons, lost,
stolen or abandoned shopping carts are declared to be a public nuisance which
shall be subject to abatement in the manner set forth in this Chapter or in any
other manner provided by law.
11.100.030 Definitions
Except as otherwise expressly set forth herein, the following words and
terms as used in this Chapter shall have the following meanings:
"Cart or shopping cart" means a basket that is mounted on wheels or a similar
device generally used in a Retail Establishment by a customer for the purpose of
transporting goods of any kind. The term "shopping cart" or 'cart" includes a
laundry cart.
"Director" means the Department Head or Department Heads, or their designees,
designated by the City Manager to administer this Chapter.
"Enforcement personnel" means any police officer or code enforcement officer
employed by the City of Palm Springs.
"Laundry cart" means a basket which is mounted on wheels and used in a coin-
operated laundry or dry-cleaning Retail Establishment by a customer or an
attendant for the purpose of transporting fabrics and the supplies necessary to
process them.
"Lost, stolen, or abandoned shopping cart" means a shopping cart which is either
(1) removed from the premises of a Retail Establishment by any person without
the written permission or consent of the owner of the shopping cart or the retailer
otherwise entitled to possession of such cart, or (2) left unattended, discarded, or
abandoned upon any public or private property other than the premises of the
Retail Establishment from which the shopping cart was removed, regardless of
whether such shopping cart was removed from the premises with the permission
of the owner. For purposes of this Chapter, any shopping cart located on any
public or private property other than the premises of the Retail Establishment
05
114176&1 2
from which such shopping cart was removed shall be presumed lost, stolen or
abandoned, even if in the possession of any person, unless such person in
possession thereof either (a) is the owner, or an employee or authorized agent of
the owner, entitled to possession of the shopping cart, (b) is an officer, employee
or agent of a cart retrieval service hired by the owner to retrieve such carts, (c) is
an enforcement officer retrieving, storing or disposing of said cart pursuant to the
provisions of this Chapter, or (d) has written permission or consent to be in
possession of the shopping cart from the owner entitled to possession of the
shopping cart.
"Owner" means any owner, manager, or operator of any Retail Establishment
that provides shopping carts.
"Parking area" means a parking lot or other property provided by a Retail
Establishment for the use of customers for parking of customer vehicles. The
parking area of a Retail Establishment located in a multi-store complex or
shopping center shall include the entire parking area used by the multi-store
complex or shopping center.
"Parkway" means that area between the sidewalks and the curb of any street,
and where there is no sidewalk, that area between the edge of the roadway and
the property line adjacent thereto. 'Parkway" shall also include any area within a
roadway which is not open to vehicular travel.
"Public property" means and includes, but is not limited to, all areas dedicated to
public use for public street purposes, roadways, parkways, alleys, sidewalks,
flood control channels, and any public right-of-way.
'Premises' means any building, property, or other area upon which any Retail
Establishment or business is conducted or operated in the City of Palm Springs,
including the parking area provided for customers.
"Retail Establishment" means any business that provides shopping carts located
in the City of Palm Springs, regardless of whether the business is advertised or
operated as a retail or wholesale business, and regardless of whether the
business is open to the general public, or is a private club or business, or is a
membership store.
"Unidentified shopping cart" means a shopping cart that does not have any
readily identifiable markings or signage that indicates the owner of such shopping
cart. For the purposes of this Chapter, the term "unidentified shopping cart"
includes any shopping cart of a Retail Establishment located outside the City.
1141766.1 3 06
11.100.040 Administration and Enforcement.
Except as otherwise provided in this Chapter, the provisions of this
Chapter shall be administered and enforced by the Director. In the enforcement
of this Chapter, the Director may enter onto public or private property to examine
a shopping cart or parts thereof, or to obtain information to identify the owner of
the shopping cart and to order, pursuant to this Chapter, the abatement and
removal of the shopping cart, or parts thereof, declared to be a nuisance.
Notwithstanding the foregoing, the Director shall perform the day-to-day
administration of this Chapter.
11.100.050 Shopping Cart Abatement.
(a) Upon discovering the existence of a wrecked, dismantled, or
abandoned shopping cart, or parts thereof, on public or private property within
the city, the Director shall have the authority to order the abatement and removal
thereof in accordance with the procedure described in this Chapter.
(b) Upon the abatement and removal of any shopping cart located on
public or private property within the city, the Director shall notify the owner
thereof (if the name can be ascertained) by mailing an abatement notice to the
owner's last known address. Such notice shall state the date the shopping cart
was removed, the procedure for retrieving the shopping cart, and a statement
that the owner may request a hearing to appeal the abatement order by
submitting a written request within ten days of the date appearing on the notice.
11 .100.060 Hearings on Shopping Cart Abatement.
(a) Any shopping cart removed and stored pursuant to these provisions
shall be released to the owner thereof if claimed within thirty days of the date
appearing on the abatement notice and upon the payment of reasonable
administrative fees. Such administrative fees shall be waived if, after a hearing to
appeal has been requested, a determination is made at such hearing that the
fees shall be waived. The administrative fees for the removal and storage of the
shopping cart shall be established or modified by resolution of the city council
and shall include the actual cost of removal and storage of any shopping cart, or
parts thereof, plus the proportional share of administrative costs in connection
therewith.
(b) Any hearing to appeal an abatement order that is requested shall
be conducted within five business days of the receipt of the request, excluding
weekends and holidays, by the City Manager. The failure of either the owner or
the owner's agent to request a hearing shall waive the right to a hearing. At the
hearing, the hearing officer shall determine whether good cause was shown for
the abatement and removal of the shopping cart. The decision of the hearing
officer shall be deemed the final administrative determination. If good cause is
07
1141766.1 4
shown for the abatement and removal of the shopping cart, the owner or the
owner's agent shall have thirty days from the hearing date to retrieve the owner's
shopping cart upon payment of the administrative fee. If good cause is not shown
for the abatement and removal of the shopping cart, the administrative fee shall
be waived and the owner or the owner's agent shall have thirty days from the
hearing date to retrieve the owner's shopping cart.
11.100.070 Disposition of Shopping Carts.
Any shopping cart not retrieved by its owner within thirty days of the date
appearing on the abatement notice when such owner has not requested a
hearing to appeal, or within thirty days of the hearing date when such owner has
requested a hearing to appeal, or, upon removal and storage in the case of a
shopping cart without any identification as to ownership, shall be deemed to be
permanently abandoned and may be disposed of as surplus property pursuant to
Chapter 7.07 of this Code.
11 .100.080 Removal and Disposal of Wrecked Shopping Carts.
The Director may determine that a wrecked shopping cart is in such poor
condition that it may be immediately disposed of. This action will be a
discretionary decision of the Director and shall be based upon the Director's
determination that the shopping cart is inoperable, unsafe, or that the cost to
repair exceeds the value of the shopping cart. In such case, the shopping cart or
parts thereof may be destroyed without providing the appeal hearing provided in
Section 11.100.060, but the Director shall give notice of his action to the owner, if
the same can be determined. The owner shall not be liable for any cost for
destruction or disposal.
11.100.090 Identification of Shopping Carts.
Every owner of a shopping cart, as defined in this Chapter, shall
permanently affix a sign to such shopping cart conspicuously identifying the
owner thereof including name, address, and a telephone number for purposes of
providing any necessary notice hereunder to the owner.
11 .100.100 Removal from Premises Prohibited—Exceptions.
No person shall remove any shopping cart from the premises or parking
area of any business establishment if such shopping cart has permanently
affixed to it a sign identifying it as belonging to the owner or operator of such
business establishment, and a notification to the effect that the shopping cart is
not to be removed from the owner's premises. This section shall not apply to the
removal by the owner or his agent or an employee of the business, nor to
removal by a customer with the consent of its owner, owner's manager, or
owner's authorized agent.
08
1141766.1 5
11.100.110 Abandonment Prohibited.
No person shall abandon or leave any shopping cart which has been
removed from the owner's premises upon any public street, alley, sidewalk,
parkway or other public place, nor upon any private property except that of the
owner of the shopping cart.
11.100.120 Owner's Responsibility to Prevent Littering.
The action of an owner or owner's agent or;employee to permit any
shopping cart to be removed from the owner's ptenises shall be considered
littering by the owner.
11.100.130 Unlawful Possession.
No person shall have in his or 66 possession any, t� pping cart which
has been removed from the owner's prises without authorize'fi�n or which has
been abandoned or left on public or pnVate prope unless �iYth person has
notified the police department of the presence an f 'location of su-; shopping
cart.
T5
11.100.140 Abandoned Shoppirfgr`r
(a) Any;V op copi, cart left con art or private property shall be
deemed to be aiandoried and thereore `a public nuisance pursuant to this
Chapter. The proyi Ions of fs section-1hall not apply to shopping carts left on
the owners privateSropertyincluding 'the common areas of shopping centers
adiacetto).
:11ji1;itllj; (b) In th event tit a shopp g cart is left on any public or private
prop the owner ot,the sopping cart shall be responsible and liable for the
removaf and disposition-of theaf andoned shopping cart as provided in this
Chapter. -
11.100.150 Cart RetrievgfjPlan
(a) Excw-- otherwise provided in this Chapter, every owner who
provides shopping c6fts to customers to use on the premises of any Retail
Establishment in operation and open for business on the date of adoption of this
ordinance or within 180 calendar days thereafter and shall either develop,
implement and comply with the provisions of a written plan approved by the City
to provide for the retrieval of lost, stolen or abandoned shopping carts that have
been removed from the premises of the Retail Establishment (the "cart retrieval
plan") or shall comply with the requirements of 11.100.160 Cart Containment
Plan. Any Retail Establishment opening for business more than 180 days after
adoption of this ordinance shall develop, implement, and comply with the
1141766.1 6 09
provisions of a written Cart Retrieval Plan approved by the City and with the
requirements of 11.100.160 Cart Containment Plan. The cart retrieval plan, at a
minimum shall include the following elements:
1. Signs affixed to carts. Every shopping cart made available for use
by customers shall have a sign permanently affixed to it as
provided in Section 11.100.090 above.
2. Notice to customers. Written notice shall be provided to customers
that removal of shopping carts from the premises is prohibited by
state law. Such notice may be provided in the form of notice
printed on shopping bags, direct mail, website notices, or any other
means demonstrated to be effective. The cart retrieval plan shall
identify the specific measures to be implemented to comply with
this notice requirement. In addition, conspicuous signs shall be
placed and maintained on the premises near all customer
entrances and exits and throughout the premises, including the
parking area, warning customers that removal of shopping carts
from the premises is prohibited by state law.
3. Retrieval personnel. The owner shall provide personnel for
purposes of the retrieval of lost, stolen or abandoned shopping
carts. Such personnel may be either employees of the business or
one or more independent contractors hired by the owner to
provide shopping cart retrieval services, or a combination of both.
The cart retrieval plan shall either (i) identify the number of
employees who will be assigned such cart retrieval duties, the
number of total hours per week that each assigned employee will
perform such services (in addition to any on-premises retrieval
duties to which such employee may be assigned), and the training
each of such personnel has received or will receive concerning the
retrieval of lost, stolen or abandoned shopping carts, or (ii) include
a copy of each contract with a cart retrieval service (other than
confidential financial information which may be redacted from the
contract). For purposes of this section, those persons identified in
the cart retrieval plan as providing cart retrieval services, whether
employees of the business or independent contract services, shall
be referred to in this section as "retrieval personnel."
The owner shall provide written authorization to all retrieval
personnel which authorization shall be carried by each such person
while performing cart retrieval services on behalf of the owner and
shall be provided to any enforcement personnel upon request.
Each vehicle used by retrieval personnel shall bear conspicuous
signs on the vehicle identifying either the name of the Retail
Establishment for which such retrieval service is being performed
10
1141766-1 7
or, if applicable, the name of the cart retrieval service with which
the Retail Establishment has contracted for such services.
4. Prompt retrieval of carts. The owner shall provide retrieval
personnel in sufficient number to assure that all public streets
within a minimum two mile radius of the premises of the Retail
Establishment are patrolled no less often than every 24 hours, and
all bus stops within a minimum one mile radius of the Retail
Establishment are patrolled no less often than every 24 hours or
twice every 24 hours where required by the Director, and each lost,
stolen or abandoned shopping cart owned or provided by the Retail
Establishment that is found as a result of such patrols is
immediately retrieved and removed from any public or private
property upon which the cart is found. The cart retrieval plan shall
identify: (i) the streets and bus stops which will be patrolled as
required by this subsection; (ii) the manner, frequency, and times of
such patrols; and (iii) the procedures to be employed by the Retail
Establishment to identify and retrieve any lost, stolen or abandoned
shopping carts. The cart retrieval plan shall identify the number of
trucks, hours of operation of the retrieval personnel, and such other
information as reasonably required by the Director to assure that
the owner is devoting sufficient resources to cart retrieval
operations to comply with the provisions of this Chapter and the
approved cart retrieval plan.
5. Monthly reports. The owner shall provide, or cause to be provided
by each cart retrieval service under contract with the owner, a
written report to the Director specifying the number of lost, stolen,
or abandoned shopping carts retrieved during such period of time
as may be requested by the Director from time to time.
6. Daily cart confinement. All shopping carts located on the premises
of the Retail Establishment (other than an establishment open for
business 24 hours per day) shall be collected at the end of each
business day by employees of the Retail Establishment and shall
be collectively confined in a secure manner at the cart confinement
area on the premises as designated in the cart retrieval plan until
the commencement of the next business day. All shopping carts
located on the premises of any Retail Establishment open for
business 24 hours per day, other than carts then currently in use by
a customer or patron, shall be collected by employees of the Retail
Establishment and returned to the cart confinement area on the
premises as designated in the cart retrieval plan at least once per
calendar day between the hours of 9:00 p.m. and 12:00 midnight on
each day the Retail Establishment is open for business. The
11
1141766.1 8
provisions of this subsection shall not apply to any shopping carts
located within an enclosed building.
(a) Exemptions. The requirements of this section shall not apply to any
Retail Establishment which provides a total of five or fewer shopping carts for use
by customers of such business.
11 .100.160 Cart Containment Plan
(a) Except as otherwise provided in this Chapter, every owner who
provides greater than five shopping carts to customers for use on the premises of
any Retail Establishment shall develop, implement, and comply with the
provisions of a written plan approved by the City to prevent customers from
removing shopping carts from the premises of such business without
authorization of the owner (the "cart containment plan"). The cart containment
plan, at a minimum, shall include the following elements:
1 . Signs affixed to carts. Every shopping cart made available for use
by customers shall have a sign permanently affixed to it that
complies with Section 11 .100.090 (above).
2. Notice to customers. Written notice complying with 11.100.160 shall
be provided to customers.
3. Physical measures. Specific physical measures shall be
implemented and maintained by the owner to prevent, deter or
impede the removal of shopping carts from the premises. Such
physical measures shall be as follows:
a. Physical measures for Retail Establishments open for
business as of the date of adoption of this ordinance or
within 180 calendar days thereafter and who choose to
comply with the requirements of 11.100.160 Cart
Containment Plan in lieu of 11.100.150 Cart Retrieval Plan..
Physical measures shall be specifically identified in the cart
containment plan and may include, but are not limited to, the
following: disabling devices installed and maintained on
carts, maintaining one or more designated employees
assigned the responsibility to deter or stop customers from
removing shopping carts from the premises, preventing any
shopping carts from being taken outside the confines of
building exits unless accompanied by an employee of the
business, physical barriers, including devices placed on the
carts themselves, which effectively prevent transporting
shopping carts into the parking area or off the premises
while maintaining accessible paths of travel compliant with
12
114„66J 9
state Title 24, Part 2, California Building Code and federal
Americans with Disabilities Act. Written approval of the
property owner shall be provided to the City for any physical
measures required by the plan to be installed on the property
of the retail shopping center or multi-store complex in which
the Retail Establishment is located.
b. Physical measures for retail businesses that are 1) opened
more than 180 calendar days after the adoption of this
ordinance, or 2) for which a building permit with a project
valuation greater than $100,000 to remodel the premises of
the Retail Establishment is final inspected and approved
more than 180 calendar days after the adoption of this
ordinance. Physical measures shall be specifically identified
in the cart containment plan and shall include the following:
disabling devices installed and maintained on carts. Written
approval of the property owner shall be provided to the City
for these physical measures if installed on the property of a
retail shopping center or multi-store complex in which the
Retail Establishment is located.
4. Employee training. The owner of the Retail Establishment shall
implement and maintain a periodic training program for its new and
existing employees designed to educate such employees
concerning the requirements of the cart containment plan and the
provisions of state law prohibiting the unauthorized removal of
shopping carts from the premises of the Retail Establishment. The
cart containment program shall expressly describe the employee
training program.
(b) Collaboration with other businesses. Two or more Retail
Establishments located within the same shopping or retail center or sharing a
common parking area may collaborate and submit a single cart containment
plan.
(c) Exemptions. The requirements of this Section shall not apply to any
Retail Establishment that provides a total of five or fewer shopping carts for use
by customers of such business.
11.100.170 Plan Submission and Approval.
(a) New or relocated Retail Establishments. Unless otherwise
expressly exempt hereunder, each new Retail Establishment open for business
within 180 calendar days of the adoption of this ordinance, and any existing
Retail Establishment relocating to a different location within the City or
13
1141766.1 10
performing remodel work for which the building permit valuation is greater than
$100,000, shall submit a proposed plan complying with the requirements of
Sections 11 .100.150 and 11.100.160 of this Chapter to the Director, and obtain
approval thereof prior to providing any shopping carts to customers of the Retail
Establishment. Each proposed plan shall be accompanied by a processing fee in
an amount as set by resolution of the City Council. No proposed plan shall be
accepted for filing and processing by the Director unless accompanied by the
processing fee established by the City Council.
(b) Existing Retail Establishments open for business as of the date of
adoption of this ordinance or within 180 calendar days thereafter. Unless
otherwise expressly exempt hereunder, each existing Retail Establishment shall
submit a proposed plan complying with the requirements of either Section
11 .100.150 or 11 .100.160 of this Chapter to the Director within 180 calendar
days following the date of adoption of this Chapter. No such Retail Establishment
existing on the date this Chapter is adopted or within 180 calendar days
thereafter shall provide or continue to provide shopping carts for the use of its
customers after the 360th calendar day following the date of adoption of this
Chapter without a plan approved by the City and determined to conform to the
requirements of Section 11.100.150 or 11.100.160 of this Chapter; provided,
however, such date shall be extended for the period, if any, during which an
appeal of the denial of such plan is pending pursuant to the provisions of this
Chapter. Each proposed plan shall be accompanied by a processing fee in an
amount as set by resolution of the City Council. No proposed plan shall be
accepted for filing and processing by the Director unless accompanied by the
processing fee as established by the City Council.
(c) Plan review and approval. Upon the filing of any proposed plan
pursuant to Section 11.100.150 or 11.100.160 of this Chapter (collectively
referred to herein as the "plan"), and receipt of the required processing fee, the
Director shall review said proposed plan and either approve or deny said
proposed plan within 30 calendar days following the receipt thereof by the
Director. If the proposed plan complies with each of the applicable requirements
of this Chapter, the Director shall approve the plan, otherwise the proposed plan
shall be denied. The decision of the Director shall be made in writing and notice
thereof shall be transmitted to the owner of the Retail Establishment by the
United States Postal Service, first-class mail, postage prepaid, or by personal
delivery or fax transmission. The notice of decision of the Director shall be
deemed given to the owner on the date of personal delivery or on the date of the
fax transmission to the owner; notices given by the United States Postal Service,
first-class mail, postage prepaid, shall be deemed given to the owner on the third
day following the date of deposit in the course of transmission with the United
States Postal Service, first-class mail, postage prepaid. If the proposed plan is
denied, the notice of decision given to the owner shall state the grounds upon
which the proposed plan was denied. A decision of the Director may be appealed
by the owner in the time and manner provided in 11.72.220 of this Code.
14
1141766.1 11
(d) Amendments by owner. The owner of any Retail Establishment that
has an approved plan conforming to the requirements of this Chapter may, at any
time, submit a proposed amendment to the approved plan which amendment
shall be processed in accordance with the procedure provided for a proposed
plan as set forth in subsection (c) of this section. Each proposed amendment
shall be accompanied by a processing fee in an amount as set by resolution of
the City Council. No proposed amendment shall be accepted for filing and
processing by the Director unless accompanied by the processing fee as
established by the City Council.
(e) Revocation or amendment by City.
1. Grounds. An approved plan may be revoked by the City upon any
of the following grounds:
a. The owner of any Retail Establishment is operating, or is
permitting operation of, the Retail Establishment in Violation
of one or more of the provisions of said approved plan and
has failed to correct said violations(s) for a period of at least
15 calendar days following the date or receipt of written
notice of such violation(s) from the City; or
b. The owner of any Retail Establishment with an approved
plan is operating, or is permitting the operation of, the retail
establishment in violation of one or more of the requirements
of this Chapter and has failed to correct said violation(s) for
a period of at least 15 calendar days following the date of
receipt of written notice of such violation(s) from the City; or
C. The cart containment plan, as approved, is inadequate to
reasonably prevent the removal of shopping carts from the
premises of the Retail Establishment; or
d. The cart retrieval plan, as approved, is inadequate to ensure
the prompt retrieval of lost, stolen or abandoned shopping
carts removed from the Retail Establishment.
2. Order to show cause. If at any time following the approval of a plan,
the Director obtains information or evidence that any of the grounds
set forth in paragraph EA above may exist, the Director shall issue
a written order to show cause as to why the approved plan should
not be revoked and schedule a hearing thereon which hearing shall
not be less than 15 calendar days, nor more than 30 calendar days
following the date such order to show cause is given to the owner
of the Retail Establishment. The order shall state the grounds upon
which it is proposed to revoke the approved plan and shall include
15
1 141766-1 12
the information and evidence, or a summary thereof, upon which
such order was issued.
3. Notice of hearing. Notice of the hearing on any order to show
cause issued pursuant to this section shall be given in the same
time and manner provided in subsection C of this section for notice
of decisions.
4. Conduct of hearing. The hearing shall be conducted informally and
the legal rules of evidence shall not be applicable. The owner and
the City shall each have the opportunity to present evidence and
witnesses. The parties may each be represented by legal counsel
or other representatives of their choice. The City shall bear the
burden of proof, established by a preponderance of the evidence
that grounds exist to revoke the plan. The Director, at the Director's
discretion, and as an alternative to revocation, may consider
amendment of the plan if the grounds for the order to show cause
are solely the inadequacy of the approved plan.
5. Decision of Director. Within 15 calendar days following conclusion
of the hearing, the Director shall render a decision in writing either
dismissing the proceedings or revoking or amending the plan. If
the plan is revoked or amended, the decision shall specify the
findings of fact and the reasons for such action. If the plan is
amended, the decision shall also specify the amendment(s) to the
plan.
6. Notice of decision. Notice of the decision of the Director shall be
given in the time and manner specified in subsection C above.
7. Appeal of decision. The decision of the Director shall be subject to
appeal by the owner within the time and manner specified in
Section 11.72.220 of the Palm Springs Municipal Code.
11.100.180 Violations and Enforcement
(a) Except as otherwise expressly provided in this Chapter, it shall be
unlawful for the owner of any Retail Establishment to provide or offer, or permit to
be provided or offered, any shopping carts to customers of said Retail
Establishment without an approved cart retrieval plan or cart containment plan as
required by either Section 11 .100.150 or 11 .100.160, respectively, of this
Chapter; provided, however, this prohibition shall not apply to any Retail
Establishment, or the owner thereof, that provides a total of five or fewer
shopping carts for the use of customers of said Retail Establishment.
1141766.1 13 16
(b) It shall be unlawful for the owner of any Retail Establishment to
provide or offer, or permit to be provided or offered, to customers of said Retail
Establishment any shopping cart that does not have a sign permanently affixed
thereto containing all of the information specified in Section 22435.1 of the
Business and Professions Code of the State of California.
(c) It shall be unlawful to either temporarily or permanently remove a
cart from the premises or parking area of a business establishment without the
express prior written approval of the owner or on-duty manager of the business
establishment. Written permission shall be valid for a period not to exceed 72
hours.
(d) In enforcing the provisions of this Section, the Director and the
City's officers charged with the enforcement of the law, may enter onto private
property as allowed by law, or with the consent of the property owner, or by
warrant, to survey or examine a shopping cart or parts thereof, or to obtain
information as to the identity of a shopping cart owner, and to remove, or cause
the removal of, a shopping cart, or parts thereof consistent with state law.
(e) Any owner, operator, manager, employee and/or independent
contractor of a shopping cart owner violating or permitting, counseling, or
assisting the violation of any of these provisions regulating shopping carts, or any
person in unlawful possession of a shopping cart, shall be guilty of a
misdemeanor in accordance with Section 11.72.275 of this Code.
11 .100.185 Penalties and Fines
(a) Any violation of this Code shall be subject to enforcement pursuant
to the provisions of Chapter 1 .06 of this Code, except that the provisions of
Section 1.06.040(a) and the issuance of a courtesy notice shall not be required
and a first violation will be subject to enforcement under section 1.06.040(b) and
any second or subsequent violations shall be subject to enforcement under
Section 1.06.040(c).
(b) Failure to comply with any order to comply within the specified time
period is subject to additional daily citations. Second citations shall be at a rate
established by the City Council by resolution.
(c) The imposition of penalties or fines under the provisions of this
Section shall not be deemed the exclusive remedy for the enforcement of this
Chapter. The Director, enforcement personnel, and the City Attorney may utilize
any remedy available under law or equity for the enforcement of the provisions of
this Chapter.
17
1 t41766.1 14
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary
thereof, to be published and posted pursuant to the provisions of law and this
Ordinance shall take effect thirty (30) days after passage.
1141766.1 15 18
Jeltsel&
MAKE EVERY DAY AN OCCASION."'
POST OFFICE BOX 195 • 27264 HIGHWAY 189 • BLUE JAY,CALIFOFNIA 92317 (909)337-8484 • FAX(909)337-7187
June 8,2016
City of Palm Springs
Community and Economic Development Dept.
Attn: Lauri Aylaian
3200 E.Tahquilz Cyn Way
Palm Springs,CA. 92262
Hi Lauri:
I am writing in response to your letter dated May 26, 2016 regarding the new shopping cart ordinance
proposal. We are strongly opposed to this ordinance as it creates an undue hardship and burden upon the
retailers operating in Palm Springs. Under this ordinance, burden and penalties are enforced uniformly
while the problem may be more attributable to specific retailers and specific geographic areas of Palm
Springs. Perhaps the City should address the biggest offenders rather than penalize those of us who do
have cart retrieval plans and procedures.
It appears that this ordinance places the onus on retailers rather than the City addressing its homeless and
poverty challenges, which are at the root of this problem_ It also suggests that retailers are littering
because someone removes a cart from the premises. Also, the requirement that retailers appeal an
abatement order to avoid so called "reasonable administrative fees" is unbelievable.
It is clear that this ordinance was not written by a business owner nor by a retailer that understands how
difficult it is to run a retail business, let alone maintain and account for the very expensive shopping carts
retailers provide for their customers.
Additionally, it is unreasonable and expensive to require that each shopping cart have a permanent I.D.
fixed to the cart. Perhaps any new purchases could satisfy that requirement without making changes to
existing carts.
These are just a few examples of the many troubling components that make up this ordinance.
Retail business is constantly plagued by the ever increasing burden that the government places upon it. I
strongly encourage the City to reconsider this ordinance as it is these straws that will one day break the
back of the tax paying retailers operating within its limits.
Respectfully,
Matthew S.Zack
Vice President
BLUE JAY. CEDAR GLEN • RUNNING SPRINGS • WRIGHTWOOD
PALM DESERT • PALM SPRINGS RANCHO MIRAGE 19
Lauri Aylaian
From: Karen Benson <Karen.Benson@walmart.com>
Sent: Friday,June 10, 2016 2:00 PM
To: Lauri Aylaian
Cc: Anna Gutierrez - AVGUTIE.s01832; Lorraine Johnson; Kevin Johnson; Philip Serghini;
Sarah Faith Ivey
Subject: Palm Springs Proposed Shopping Cart Ordinance
Attachments: image.jpeg
Wal-Mart Stores, Inc. ("Walmart") operates a store at 5601 E. Ramon Rd. in Palm Springs, California (the
"Premises"). Below are Walmart's comments to the proposed Palm Springs Proposed Shopping Cart Ordinance:
11.100.050 Shopping Cart Abatement
Does the exception in 11.100.140 apply with regard to broken carts stored on the Owner's Premises? Walmart stores
broken carts on site until picked up for repair.
11.100.060? Hearings on Shopping Cart Abatement
What is the proposed fee schedule?
11.000.090 Identification of Shopping Carts
Walmart shopping carts contain signage with our Call Center phone number (1-800-WALMART) and the store number
(see attached photograph). This store number is used to identify the store location. Will this suffice to meet the signage
requirement?
11.100.150 Cart Retrieval Plan/Subsection 2 Notice to Customers
The requirement to notify customers solely in Palm Springs of the shopping cart ordinance is burdensome as Walmart's
shopping bags or ordered in bulk for multiple stores, the website is not designed to address laws governing specific
locations, etc. Therefore, Walmart requests that this requirement be limited to the placement of signage by the store
building exits and at the parking lot exits.
11.100.150 Cart Retrieval Plan/Subsection 3 Retrieval personnel
Walmart contracts with the California Shopping Cart Retrieval Company ("Contractor")for the retrieval of shopping carts
found offsite. The second paragraph requires vehicle signage which is not controlled by Walmart but by the
Contractor. Therefore, Walmart requires that there be an exception for contracted services.
11.100.150 Cart Retrieval Plon/Subsection 4 Prompt retrieval of carts
The Contractor controls their routes, number of employees,frequency and times of patrols, etc. This is not within
Walmart's control and therefore Walmart requests that there be an exception for contracted services.
11.100.150 Cart Retrieval Plan/Subsection 5 Monthly reports
This requirement is burdensome. Monthly reports is not included in the Contractor's scope of work and would
therefore fall to Walmart associates to maintain additional records.
11.100.160 Cart Containment Plan
Again, Walmart requests that "Notification to Customers" be limited to signage as addressed above in comments under
11.100,150,
20
1
With regard to Physical Measures, please note that Walmart leases the Premises which is located in a shopping
center. Any installation of a shopping cart containment system with disabling devices would be subject to our landlord's
approval.
I will be away on vacation next week. If you wish to discuss these comments or if you have questions, please contact
Philip Serghini at 619.688.3083.
Thank you,
Karen J. Benson, Sr. Manager I
Realty Management
Phone 479.273,4065 Fax 479.204.9634
Karen.Benson(a)wal m art.com
Wal-Mart Stores, Inc.
2001 S.E. 10th St.
Bentonville, AR 72716-5525
Save Money. Live Better.
This email and any files transmitted with it are confidential and intended solely for the individual or entity to
whom they are addressed. If you have received this email in error destroy it immediately. *** Walmart
Confidential ***
2 21
dlay .innA col s,4uegl 'Aauotu noA anus ueo am 'u.mop sisoo .ro 6u:d; �d
do-� !d aol _LHVWTdM-008-1, lien aseald 'Avadoid ino ;o 4a dip e>
Ao!lod gnl0 s,uwe5/ peiupAA}o pue
(S£VZZ#8Po3 dF9) Mel aleis ;o uo!ie!o!n a s,ii 'uoiiea!jogine inoglim Aijedo}d ino )}o tuagj
6utssessod s! og -Mel ayi isuie6e s! Auadoid jno tuo.IJ siJea 6u!ddous mo 6u!noway
MVl 1d3H112IV0 9NIddOHS VIN:IC>Jil-WO
an-io s,wbs L #1 JLIJVW*-Ivm
by tualuoo Peal NISdO 1,01,uoR�eS Pue fi0-ZL£Zd W1S'ds19aW
6yfIWIXVYV "sql 9£ Ol. do s41 S 1 ONV syluow 817 o; syluow g SabB uajppyolo j
teas yea Jo Jauneo *Alajnoes ualse;
;ue;ul Ieuosiad umo 10 1'aPq ui apu of 'saw!; Ile le p!!Ua pue leas peo uj pllya N
jnoA asn lON 00 PJI W mcllli- -LON o0 jnoA ql!M AV.LS do oplonq SAdMIV
0 0 0 0 0 0
IX:j
n�ui peat' snoiaas ja-4ns pue ileo jo jno lief ueo pliyo jnoA AA
4W ..m
OF PALM SA
�y � City of Palm Springs
u
= *t" +�q
a to
Community and Economic Development Department
t ° ..d'p * 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262
4 Rei,o• TEL:(760)323-8259 • FAX(760)322-8325 •TDD(760)864-9527
Community.Redevelopment Agency•Community Development Block Grant
FD R Downtown Development • Economic Development • Housing• Public Arc• Recycling
May 26, 2016
Dear General Manager:
In recent years Palm Springs has experienced a marked increase in the number of shopping carts
removed from the premises of our merchants and abandoned on neighboring properties or in the public
right of way. This poses a problem both for the merchants from whom the shopping carts are stolen
and for the motorists and residents who object to the visual blight and the potential traffic hazards that
the shopping carts can cause.
In response to this problem, the City is considering adopting new regulations governing merchants who
provide more than five (5)shopping carts for the use of their customers.
This letter provides you with a draft of a proposed new ordinance so that you will have the opportunity
to review the proposed regulations and give comments back to City staff before the ordinance is
considered by the City Council for possible adoption.
In particular, you will see that there are requirements for a cart retrieval plan and a cart containment
plan, neither of which is currently required by the City.
I would appreciate it if you would take the time to review the proposed regulations and to provide me
with any comments or concerns that you would like considered before the ordinance is brought forward
to the City Council. You may contact me at 760.323.8228 or by email at
lauri.aylaian@palmsoring5ca.gov with any input you would like to provide before June 10. Any
information provided will be included for consideration by the City Council when they review this topic.
Thank you for your time and consideration.
Sincerely,
City of Palm Springs
I(` s/
Lauri Aylaian
Director, Community& Economic Development
Enc: Draft ordinance—Abatement of Abandoned Shopping Carts
23
Post Office Box 2743 0 Palm Springs, California 92263-2743
/ OF ?A L Al Sp
City of Palm Springs
N
' I Community and Economic Development Department
-7I"e4-
3200 H.Tahquia Canyon Way • Palm Springs,California 92262
* o"'OAn eo.+''- TEL:(760)323-8259 • FAX(760)322-8325 - TDD(760)864-9527
) \P Community Redevelopment Agency • Community Development Block Grant
FOR T)owntown Development • Economic Development • Housing • Public Act • Recycling
May 26, 2016
Dear Business Owner:
In recent years Palm Springs has experienced a marked increase in the number of shopping carts
removed from the premises of our merchants and abandoned on neighboring properties or in the public
right of way. This poses a problem both for the merchants from whom the shopping carts are stolen
and for the motorists and residents who object to the visual blight and the potential traffic hazards that
the shopping carts can cause.
In response to this problem, the City is considering adopting new regulations governing merchants who
provide more than five (5)shopping carts for the use of their customers.
This letter provides you with a draft of a proposed new ordinance so that you will have the opportunity
to review the proposed regulations and give comments back to City staff before the ordinance is
considered by the City Council for possible adoption.
In particular, you will see that there are requirements for a cart retrieval plan and a cart containment
plan, neither of which is currently required by the City.
I would appreciate it if you would take the time to review the proposed regulations and to provide me
with any comments or concerns that you would like considered before the ordinance is brought forward
to the City Council. You may contact me at 760.323.8228 or by email at
lauri.ay_laian@palmspringsca.gov with any input you would like to provide before June 10. Any
information provided will be included for consideration by the City Council when they review this topic.
Thank you for your time and consideration.
Sincerely,
City of Palm Springs
Lauri Aylaian
Director, Community& Economic Development
Enc: Draft ordinance—Abatement of Abandoned Shopping Carts
24
Post Office Box 2743 • Palm Springs, California 92263-2743
Smart& Final#429 Smart& Final Extra#429
5001 E. Ramon Road#4 Property Accounting 4733 STORE Canyon
Palm Springs, CA 92264 PO Box 512377 4733 E. Palm Canyon Drive
Los Angeles, CA 90051-0377 Palm Springs, CA 92264
VONS STORE#2384 Jensen's Finest Food PETCO#1158
PO Box 29096 2465 E. Palm Canyon Dr., Bldg. 7 2465 E. Palm Canyon Dr.
Phoenix, AZ 85038 Palm Springs, CA 92264 Palm Springs, CA 92264
PETCO#1158 PetSmart Inc. #1380 PetSmart Inc. #1380
645 Richland Hill Dr. 5601 E. Ramon Rd. P.O. Box 43009
San Antonio, TX 78245 Palm Springs, CA 92264 Phoenix, AZ 85080
TJ MAXX#1134 TJ MAXX#1134 Ralphs Grocery Co. #611
2465 E. Palm Canyon Dr., Bldg. #2 PO Box 9358 425 S. Sunrise Way, Ste. A
Palm Springs, CA 92262 Framingham, MA 01701 Palm Springs, CA 92262
Ralphs Grocery Co.#611 Ralphs Grocery Co. #181 Ralphs Grocery Co.#181
PO Box 54143 PO Box 54143 PO Box 54143
Los Angeles, CA 90054 Los Angeles, CA 90054 Los Angeles, CA 90054
Stater Bros. Markets#126 Stater Bros. Markets#126 Albertsons#6569
1717 Vista Chino PO Box 150 1751 N. Sunrise Way, Suite 1
Palm Springs, CA 92262 San Bernardino, CA 92402 Palm Springs, CA 92262
Albertsons#6569 Michael's#8733 Michael's#8733
PO Box 20 2465 E. Palm Canyon Dr., Bldg. 3 PO Box 619566
Boise, ID 83276 Palm Springs, CA 92264 Dallas TX 75261
ALDI, INC. #70 ALDI, INC. #70 Ross Dress for Less#1449
5200 E. Ramon Rd., Ste. B5 12661 Aldi Place 5200 E. Ramon Road
Palm Springs, CA 92264 Moreno Valley, CA 92555 Palm Springs, CA 92262
Ross Dress for Less#1449 Bed, Bath & Beyond of CA LLC#1305 Bed, Bath & Beyond of CA LLC#1305
5130 Hacienda Dr., 3" Fir. 5200 E. Ramon Road, Bldg. B2 Risk Management
Dublin, CA 94568 Palm Springs, CA 92264 650 Liberty Avenue
Union, NJ 07083
Marshalls#1068 Marshalls#1069 The Home Depot#8526
5200 E. Ramon Rd., #B-5 PO Box 9358 5200 E. Ramon Rd., Bldg. A
Palm Springs, CA 92264 Framingham, MA 01701 Palm Springs, CA 92264
25
The Home Depot#8526 Office Depot#2327 Office Depot#2327
PO Box 105465 5601 E. Ramon Rd., Bldg. B PO Box 5029
Atlanta, GA 30348 Palm Springs, CA 92264 Boca Raton, FL 33431
Lowe's#1026 Lowe's#1026 WalMart Super Center#1832
5201 E Ramon Rd 1000 Lowes Blvd. 5601 E. Ramon Road
Palm Springs, CA 92264 Morresville, NC 28117 Palm Springs, CA 92264
WalMart Super Center#1832 Staples Staples
508 SW 8�'St., Dept. 8916 The Office Superstore The Office Superstore
Bentonville, AR 72716 5001 E. Ramon Rd., Bldg. 3 500 Staples Drive
Palm Springs, CA 92264 Framingham, MA 01702
Dollar Tree#3598 Dollar Tree#3598 Cost Plus World Market#295
1717 E. Vista Chino#J 500 Volvo Parkway 2465 E. Palm Canyon
Palm Springs, CA 92262 Chesapeake, VA 23320 Palm Springs, CA 92262
Cost Plus World Market True Value Hardware Stein Mart, Inc. #229
200 4th Street 1785 E. Palm Canyon Dr. 1555 S. Palm Canyon Dr., Ste. F
Oakland, CA 94601 Palm Springs, CA 92264 Palm Springs, CA 92264
Stein Mart, Inc. #229 Walgreens#01079 Walgreens#01079
1200 Riverplace Blvd. 1700 E. Vista Chino Rd. PO Box 901
Jacksonville, FL 32207 Palm Springs, CA 92262 Deerfield, IL 60015
Walgreens#07577 Walgreens#07577 Walgreens#09885
1695 N. Sunrise Way PO Box 901 2465 E. Palm Canyon Dr., Bldg. 14
Palm Springs, CA 92262 Deerfield, IL 60015 Palm Springs, 92263
Walgreens#09885 Rite Aid#5683 Rite Aid#5683
PO Box 901 366 S. Palm Canyon Dr. PO Box 3165
Deerfield, IL 60015 Palm Springs, CA 92262 Harrisburg, PA 17105
Rite Aid#5684 Rite Aid#5684 CVS Pharmacy#9804
111 S. Sunrise Way PO Box 3165 425 S. Sunrise Way
Palm Springs, CA 92262 Harrisburg, PA 17105 Palm Springs, CA 92264
CVS Pharmacy#9804 Big 5 Sporting Goods Big 5 Sporting Goods
One CVS Dr. MC1160 2465 E Palm Canyon Dr., #444 PO Box 92088
Woonsocket, RI 02895 Palm Springs, CA 92264 Los Angeles, CA 90009
26
Builders Supply Party City#906 Party City#906
290 E. Sunny Dunes 5200 E. Ramon Rd., Suite B4 25 Green Pons Road, Suite 1
Palm Springs, CA 92264 Palm Springs, CA 92264 Rockaway, NJ 07866
27
Lauri Aylaian
From: Christine Hammond <christinehammondl5@icloud.com>
Sent: Tuesday,July 26, 2016 4:22 PM
To: Lauri Aylaian
Cc: lisamiddletonps@icloud.com Middleton
Subject: Re: Abandoned Shopping Carts Ordinance
Attachments: Abandoned Shopping Carts commetns.docx
Hi Lauri
Attached are questions and comments received since your presentation at the Code Enforcement and Public
Works meeting July 6. I have provided a list of questions AND comments for your consideration. I hope this
helps in further refining the Ordinance. We do have several committee members who are very interested in
hearing your responses!
For background, I am also interested in getting information about the questions I posed to you last week in red
below.
Unless I hear otherwise, the role of the CE/PW committee is to provide questions and comments! We offer
practical (?) suggestions from the street level...Lucky you!
Christine Hammond
CE/PW Committee
On Jul 21, 2016, at 4:43 PM, Christine Hammond <christinehammondI5(cicloud.com> wrote:
Lauri
I just reread the comments in preparation of putting them in order to send to you.
One question I will ask that may save you and me a lot of time is this, the Abandoned Shopping Cart Ordinance
predates me on the committee. Why was this ordinance written or rewritten in the first place? who's direction
? what was the problem? What sort of research went into looking at, e%ahtating the problem? Who was
involved in developing the "solutions"? I am thinking the sort of background that might be found in a staff
report to City Council.
Is there such a staff report or is it yet to be written?
Thank you!
Christine Hammond
28
t
On Jul 21, 2016, at 9:10 AM, Christine Hammond <christineliainmondl5(�uicloud.com> wrote:
Lauri
Thank you for your return calls. My week has been packed full and I am going in all different directions! I will
take time over the weekend to put questions from my email about the ordinance on paper for your
review. Perhaps we will connect next week? Or do I now think you are headed out on vacation? I am here
until August 11-21 when I am out of town so perhaps we can connect before Aug 11?
Hope you are enjoying your new job with the City! Glad you are here!
Christine Hammond
Sonora Sunrise Neighborhood
760-898-4466
29
2
Comments/Questions about Draft Abandoned Shopping Cart Ordinance
Comments/Questions
1. What documented evidence is there to support a new ordinance.
2. How did the rewrite come about? What was broken in the first ordinance?
3. How do we know the current Ordinance ISN'T working?
4. What is or How is the current ordinance enforced? By whom? What kind of
data is there on that? number of contacts? Citations?
5. What do those staff who enforce the current Ordinance say about its
effectiveness and
6. What will the enforcement of the NEW Ordinance look like?
7. Thinking about the costs--Does the Police dept currently have jurisdiction
over any of the enforcement now? With this new ordinance?
8. No mention in presentation at meeting from the police (presumes Police
are the enforcers) on its feelings of this ordnance or its possible additional
load of work hours or the possible costs to the city in its enforcement.
Comments:
Lauri, the committee can do a better job of understanding our role here. We are
not City Council but a group of involved residents providing comments/feedback.
I am including this as I thought you might be interested in seeing the level of
interest some residents take. Christine
There are many "small" business units in the city, that may provide a "token"
number of shopping carts for their customers. The ordnance as written would
"require" any business unit in the city with more than five carts to have installed a
very expensive security system to control the movement of shopping carts. They
may, in view of the dragonian ordnance remove these carts from use. Thus
making these small business units LESS serviceable to their customers. Often
these smaller business units are in areas where lower income or seniors may use
as it relates to the housing unit.
The issue appears, at this time, to be one of "perception" rather than "actual." At
the committee meeting there was no documented evidence presented that a
30
dne-e5 Code
problem exists. If there is a major problem, where in the City are the carts being
left; are their multiple locations or only a few; who found them; which businesses
do the carts belong to; how many were found; who is reporting the
problem; what is the frequency of complaints; what is the City actively doing on
a consistent basis to enforce the current regulation; etc.?
I am concerned that this ordinance is more of a "knee jerk reaction" to a
perceived problem rather than based upon documented evidence of a existing
problem. I do not support imposing undue financial burdens on businesses for
a problem that may be, at worst, minor, and can continue to get better if the
current ordinance is diligently enforced by the City. Also, I want to hear more
from the businesses owners of what they have done, are doing, and will
continue to do to prevent future challenges.
West on Ramon Road from the bridge over the wash that separates Palm Springs
and Cathedral City. The route that got me to the bridge at Ramon Rd is the CV
LINK route along the levee that runs from my neighborhood (I entered at Dinah
Shore Dr and the levee) at least to Vista Chino, I exited at the Ramon Bridge.
The point of this communication is the shopping carts I noticed at the bus stop on
Ramon Road at the Walmart Center. There were 10 to 15 Walmart shopping
carts in the parking lot and at the bus stop. Walmart shoppers who use public
transportation use the carts to get their purchases from the store to the bus
stop. The distance is substantial.
While walking on the levee I did notice some shopping carts in the bushes located
on the vacant desert land between Dinah Shore Drive and Ramon Road that
cannot be seen unless one is walking on the levee. It appears that there may be
or have been homeless individuals living in the bushes.
31
Ore-ey Cade ewlKWIr� - Piz