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CC - Item 5A - Discussion Regarding Shopping Cart Containment Regulations and Abatement ServicesROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: SEPTEMBER 24, 2013 SUBJECT: DISCUSSION REGARDING SHOPPING CART CONTAINMENT REGULATIONS AND ABATEMENT SERVICES SUMMARY Under Rosemead Municipal Code Section 9.12.080, the abandonment of a commercial shopping cart upon any public street, alley, sidewalk, public place or private property is prohibited. Persons who violate provisions of the municipal code can be found guilty of a misdemeanor or issued an administrative citation. However, the offenders of this code provision are often among the most vulnerable citizens of our community, including senior citizens. For this reason, the City has not pursued aggressive enforcement of these code provisions but has instead opted for an abatement approach to managing abandoned shopping carts. In an effort to reduce blighted and unsafe conditions caused by shopping carts abandoned in the public right -of -way, several options have been identified to enhance the containment and abatement of carts. Each option is described in further detail, along with the potential benefits and unintended consequences associated with each one. Staff Recommendation It is recommended that the City Council review the options for enhancing shopping cart containment and abatement and provide further direction. BACKGROUND / DISCUSSION The management of abandoned shopping carts is a multi - pronged approach that encompasses containment regulations (keeping carts on private property) and abatement services (removing carts from public right -of -way). Listed below is a brief description of the City's current efforts relative to these categories along with possible enhancements to augment these efforts. APPROVED FOR CITY COUNCIL AGENDA: MM ° `®" City Council Meeting September 24, 2013 Page 2 of 4 Existing Abatement Services The following summarizes existing programs that help reduce the number of abandoned shopping carts found in the public right -of -way. Retrieval Services The City contracts with Shopping Cart Retrieval Corporation to pick -up abandoned carts and return them to businesses. The regular service route is attached to this report (Attachment 1). Carts are collected 5 days per week, during morning hours. It should be noted that the current budget for retrieval services was doubled from last fiscal year. Program Type Services Budget Measurement Retrieval Services - California Retrieval Route and Demand In Place at Reduced Shopping Cart Retrieval Company Responsive Service (via 800 Wal -Mart, Average of 700 Carts number and City CRM System) $20,000 Retrieved /Month City Staff Collection Report Abandoned Carts, Collect Fresh and Easy public right -of -way (Public Safety, Public Works) As- Needed N/A Average of 100 Carts Retrieved /Month Proaram Benefits Removes carts from high profile areas (mostly adjacent to larger stores) Removes carts without penalizing residents or businesses Downsides Doesn't "fix" problem; carts are collected and then returned to businesses Carts may not be collected if they are not on route or they are not reported Existing Containment Regulations The following summarizes existing programs that help contain shopping carts on private property. New Shopping Stores — Cart Locking Mechanisms As part of the approval process for new shopping stores in the City, conditions of approval require the use of shopping carts with locking mechanisms on wheels. These locks help to prevent carts from leaving private property. Program Type Description Locations Measurement Planning Conditions of Install Cart Locking In Place at Reduced Approval Mechanisms on all shopping Wal -Mart, concentration of carts at new grocery stores Target, abandoned carts in Fresh and Easy public right -of -way ram Benefits I Proaram Downsides Prevents majority of carts from leaving - Not used at all shopping private property in the City City Council Meeting September 24, 2013 Paqe 3 of 4 Potential Program Enhancements After reviewing the City's existing programs, research was conducted of practices used in other communities to help curb abandoned shopping carts in the public right -of -way. Using this information, staff developed possible enhancements that could help reduce abandoned carts in our community. Abatement Services ✓ Alter collection routes and times Change pickup routes to include other locations that are not currently included in the existing City collection route. ✓ Utilize City staff instead of contract services The City utilizes the services of contract firms for the performance of routine services in several work areas (including landscaping and janitorial maintenance, among others). City staff members serve as contract managers for these functions, perform special projects, and occasionally augment contract services. Shopping cart retrieval services are categorized as a routine, unskilled work function. As such, it is not advisable to assign City staff to this function as an ongoing work assignment. ✓ Establish a permit system for all shopping cart retrieval companies In addition to California Shopping Cart Retrieval Company, there are several independent shopping cart retrieval companies that collect carts in the City. These companies increase the abandoned shopping cart problem by supplying carts to businesses at a nominal charge (sometimes $1 - $2 per cart). Exploring the use of a permit system for independent cart retrieval companies may help to ensure that cart collection drivers are properly licensed /insured and that all cart retrieval services adhere to City guidelines. ✓ Develop shopping cart collection zones Potentially develop cart retrieval zones for cart retrieval services. The zones could include the use of multiple contractors within the City for each zone. Containment Regulations ✓ Increased Enforcement with Businesses Establish an impound system for abandoned shopping carts. Businesses would be required to pay a fee in order to retrieve shopping carts and allow the City to recover costs associated with retrieval services. Such a change would require a modification to existing City Municipal Code and outreach to businesses. This change could also be perceived as an unfriendly action towards businesses and cause additional operating costs. ✓ Increased Enforcement with the Public Increase enforcement efforts with the public in regards to removing shopping carts from private property. Such an effort could include the issuance of warning City Council Meeting September 24, 2013 Paqe 4 of 4 citations and then administrative citations for repeat offenders. This change could be perceived as an unfriendly action toward residents. ✓ Establish a Business Cart Containment Program Require that businesses develop plans to properly manage the unauthorized removal of shopping carts from private property. Such plans could include the use of security guards that ensure carts are not removed from private property, the requirement that businesses utilize an approved cart retrieval service, the installation of poles on carts that prevent removal from store premises, or the installation of electronic locking devices to prevent removal from private property. Such a change would require a modification to existing City Municipal Code provisions and outreach to businesses. This change could also be perceived as an unfriendly action towards businesses and cause additional operating costs. Selection of Program Enhancements The City has many options to help enhance current abatement programs and containment regulations for shopping carts. It should be noted that prior to implementing any potential enhancements, significant outreach should be conducted with impacted groups. At this time, it is recommended that the City Council discuss the possible options and provide direction as to which options, if any, are appropriate for further analysis and potential implementation. Submitted by: Chris Marcarello Director of Public Works Attachments: (1) Shopping Cart Collection Route (2) Existing Municipal Code Section 9.12.080 9.12.080 Unauthorized use of shopping carts prohibited. Q Removal. No person shall remove any shopping cart, shopping basket or other similar device from the premises or parking area of any business establishment if such shopping cart, basket or device has permanently affixed to it a sign identifying it as belonging to the owner or operator of such business establishment and a notification to the effect that such cart, basket or device is not to be removed.from the premises. M Abandonment. No person shall abandon or leave any such shopping cart, shopping basket or other similar device 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 such cart, basket or device. M Possession. No person shall have in his or her possession any shopping cart, shopping basket or other similar device which has been removed from the premises of any business establishment operated by the owner of the cart, basket or device and which has permanently affixed to it a sign identifying it as belonging to the operator of a business establishment and a notification to the effect that such cart, basket or device is not to be removed from the premises of the establishment.