AgdaPkt 2000-02-14 - Laserfiche WebLink

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S <:-3 Issues 1) The Ordinance In early 1999 new State legislation enabled cities immediately to pick up, and eventually dispose of abandoned carts after notifying the owner within 24 hours that: 0 the cart has been retrieved, 0 the cart may be picked up free of charge during the following 3 business days, 0 after 3 business days, the City will charge for the retrieval costs, administrative costs, storage costs, fines, and 0 after 30 days, a cart not reclaimed from the City may be sold or otherwise disposed of by the City. In response to the new legislation, two modifications to the ordinance (that was introduced in August) are recommended. First, provisions are added enabling the City immediately to remove carts from public areas and the common outdoor 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 shopping cart(s) visible from street or ground level from adjacent public property. This change allows the City to engage in a large-scale retrieval program by allowing the City to take the initiative to pick up the cart promptly. Formerly, the City was required to notify the cart owner of the location of the stray cart and wait for 3 days before the City could pick up the stray cart if the owner failed to respond. Second, measures are added to ensure compliance with the ordinance. These measures are similar to those adopted by the City of San Mateo. Retailers are required to develop a plan to retain their carts on their business premises and to submit those plans to the City for approval. In addition, retailers are required to develop an annual evaluation plan, which the City can change if necessary to make the plan effective. In view of these changes to the ordinance introduced in August and due to the passage of time, the City Attorney recommends that the ordinance be re-introduced. Key features and the amendments are further discussed in Attachment 1. 2) The Retrieval Program With the ordinance in place, the City can establish a City-wide cart retrieval program with the participation of a contractor and the cooperation of local retailers. All shopping carts are required by ordinance to have identifying signage: 0 Participating retailers will pay for retrieval services provided to them and the requirement to submit a plan will be waived. 0 Non-participating retailers will be required to submit for City approval and to implement an effective plan for keeping their carts on their business premises and for promptly retrieving stray carts. If carts of non-participating stores are retrieved by the City's retrieval service, the owners will have 3 days to reclaim the carts free of charge as provided by State law, otherwise the City will charge for retrieval and storage of the cart. A fine will apply if carts are not reclaimed in 3 days, more than 3 times in a 6-month period. 0 Carts without identifying signs will be retrieved by the City. In August 1999, the Council directed staff to solicit proposals for a City-wide shopping cart . '"~-"-"---""T'"'