9/12/2024
1 RiversideCA.gov
1 RiversideCA.gov
Alternative Approach to Abandoned
Shopping Cart Retrieval
Safety, Wellness, and Youth Committee
September 18, 2024
Public Works Department
RiversideCA.gov
2 BACKGROUND
• July 17, 2024 – Public Works presented a review of the shopping cart program to SW&Y Committee in anticipation of entering in a new agreement for shopping cart retrieval services
– Committee voted to continue discussion
– Directed Public Works to delay advancing an agreement – Requested that the City Attorney's Office return in September with a presentation on sections of the Business and Professions Code that are relevant to shopping cart theft.
• The City Manager’s Office is interested in establishing an ordinance related to shopping carts that is similar to what other cities have done to address catalytic converter theft. This topic will be researched and discussed separate from the Public Works Department shopping cart retrieval program.
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Date: SWYC 9-18-24
Item No.: 4
REVISED
9/12/2024
2 RiversideCA.gov
3 OUTSOURCED PROGRAM OVERVIEW
• Request for Proposal No. 2362
• Scope of Services Include:
– Patrol Hours: 6am – 6pm, 7 days/week
– Response Times: Carts reported before 3pm
collected same day
– Delivery: Return carts to retailers within 24 hours of collection
– Resources: Two drivers and two trucks daily
– Cost: City pays $120,000/year
RiversideCA.gov
4 OUTSOURCED PROGRAM OVERVIEW
Fiscal Year 2023/2024
– Total Service Requests: 1,180
– Monthly Service Requests Average: 98
– Total Carts Collected: 8,294
– Monthly Cart Collection Average: 691
– Total Cart Deliveries: 6,001
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5 ALTERNATIVE APPROACH
Equipment Needs
• Ford F-150
– $55,000
– Plus, maintenance and fuel
• Straight Deck Utility Trailer
– $6,200
– 6.4'x12' with 6ft Mesh Sides
Staff Requirements
• 2.0 FTE New Positions
• Maintenance Worker I
– $64,178 – $74,378 (Salary + Benefits)
• General Service Worker Full-Time
– $52,021 – $69,097 (Salary + Benefits)
• 8 – 9 hours, 7 days/week
• Estimated Startup Cost:
$165,242 - $209,956
• Estimated Cost After Year 1*:
$104,042 - $148,756
* Not including fuel, maintenance, depreciation, or future vehicle/equipment replacement costs.
RiversideCA.gov
6 ALTERNATIVE APPROACH
Challenges
• Upfront Costs
• Operational Burden
• Flexibility
Advantages
• Direct Control
• Cost Management
• Community Engagement
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7 RIVERSIDE MUNICIPAL CODE: CHAPTER 9.58
• CAO prosecutes RMC violations.
• 9.58.040: Carts must have signs/placards with
information like owner, phone number, address, etc.
• 9.58.050(A): Unlawful to remove cart from premises
w/o prior written permission.
• 9.58.050(B): Unlawful to possess cart that has been
removed from premises.
• 9.58.050(D): Failure to comply = Subject to civil,
criminal, or administrative remedies.
• 1.01.110(A) Failure to comply w/ RMC =
misdemeanor.
REVISED
RiversideCA.gov
8 BUSINESS & PROFESSIONS CODE 22435 et seq.
• DA’s Office prosecutes B&P violations.
• 22435.1: Enforcement can only occur if carts have
signs/placards with information like owner, phone
number, address, etc.
• 22435.2(a): Unlawful to remove cart with intent to
deprive owner or business.
• 22435.2(b): Unlawful to possess cart that has been
removed, with intent to deprive owner or business.
• 22435.3: Failure to comply = Misdemeanor
• 22435.8: These provisions do not invalidate city or
county ordinances that regulate or prohibit shopping
cart removal.
REVISED
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5 RiversideCA.gov
9 PENAL CODE 487
• DA’s Office prosecutes PC violations.
• (a): Grand theft occurs when property taken
is of value exceeding $950.
• (e): If value of the property exceeds $950
“over the course of distinct but related acts,”
the value of property taken “may be properly
aggregated to charge a count of grand
theft, if the acts are motivated by one
intention, one general impulse, one plan.”
REVISED
RiversideCA.gov
10 RELEVANT CASE LAW
• People v. Stay: LA had municipal code section
that made it a misdemeanor for patrons to
remove carts, but DA charged defendant with
felony grand theft due to organized business
involving car removal, “finder’s fee,” signage
erasure, and sale to other markets.
REVISED
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11 Strategic Priority 6 – Infrastructure, Mobility & Connectivity Goal 2.3 – Maintain, protect, and improve assets and infrastructure within the City’s built environment to ensure and enhance reliability, resiliency, sustainability, and facilitate connectivity.
Cross-Cutting Threads
STRATEGIC PLAN ALIGNMENT
RiversideCA.gov
12 RECOMMENDATION
That the Safety, Wellness, and Youth Committee receive a report and provide input on an alternate approach to
retrieving shopping carts.
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