Approve Budget Appropriations Displayed in Attachment 1. Page 3 For the Meeting of October 22, 2024
4. Enhancing Transparency: By formally presenting carryover requests to the City Council, staff ensures that elected officials and the public are kept informed about the progress of ongoing projects and the status of funds. This level of transparency supports sound fiscal management and promotes trust in how public resources are being utilized.
Overall, carryover budgeting is a critical tool for managing long-term projects and ensuring fiscal responsibility, especially when dealing with multi-year commitments and variable project timelines. Approval of these carryovers allows the City to continue essential services and infrastructure investments without disruption.
ALTERNATIVES
The City Council may choose not to approve the proposed budget carryovers and amendments.
However, this would effectively halt funding for ongoing capital projects, equipment purchases, and professional services that were already approved and earmarked.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Michael O'Brien
Director of Administrative Services
Attachments:
1. Breakdown of Carryovers and additional budget amendment requests.
Attachment 1
Expenditure Carry Over List
Account Number
2023-24
REVISED
Budget
2023-24
ACTUAL
2023-24
PROPOSED
CARRY OVER
2024-25
ADOPTED
BUDGET
2024-25
PROPOSED
Account Name REVISED BUDGET
Professional Services
Productivity Program
Accela Enhancements
Professional Services
001.4110.020.000
001.4150.431.000
001.4190.020.035
001.4308.020.000
001.4308.020.019
001.4308.020.022
001.4308.020.024
001.4310.020.006
001.4310.020.008
001.4341.024.020
001.4345.020.000
001.4345.020.001
002.4841.554.007
002.4841.554.008
002.4841.559.005
003.4410.023.001
006.4310.020.006
007.4341.041.007
007.4341.041.008
007.4345.020.000
007.4345.020.003
007.4345.041.002
012.4310.020.009
012.4841.616.017
012.4841.693.005
012.4841.927.007
021.4410.927.003
021.4430.430.005
034.4802.015.000
034.4802.864.506
070.4314.041.012
072.4125.453.004
073.4125.453.004
073.4841.601.004
074.4841.554.007
074.4841.616.016
074.4841.642.000
076.4841.554.008
076.4841.601.000
076.4841.642.000
076.4841.929.000
077.4841.601.000
077.4841.640.001
077.4841.660.001
078.4341.024.020
078.4841.601.001
078.4841.601.002
078.4841.813.000
100.4314.039.001
100.4314.039.006
15,000
12,000
85,000
70,431
34,507
-
-
15,000
9,714
6,000
9,863
449
10,000
2,000
80,000
155,000
25,000
11,714
86,000
164,863
449
22,368
2,286
60,568
MND for Downtown Specific Plan 34,058
Objective Design Standards
Downtown Specific Plan Leap Grant
PW Project Management
Waste Compliance Professional Services
NPDES Professional Services
Professional Services (Striping)
Traffic Engineering Services
Annual Pavement Preservation
Cataract/Dale Park Repavement
City Wide Pavment Maintenance
Maintenance of Buildings (Painting Walker House)
Sewer Easement Documents
Civic Center Wood Pole Replacement
Replace Lights SD Ave. Bonita
Traffic Signal Painting
-
-
-
22,368
66,102
- 22,368
16,422
110,500
299,005
195,788
12,826
64,530
857,122
200,000
39,922
15,759
20,000
322,500
401,355
23,286
67,095
12,477
17,757
77,000
177,467
333,610
647,925
333,896
68,755
100,000
12,344
116,767
20,000
746,500
269,091
30,000
83,437
62,280
153,108
233,614
22,970
703,075
442,300
111,100
98,000
832,620
646,700
30,000
159,249
30,889
49,680
9,500
16,422
120,000
323,200
301,344
210,000
120,000
999,732
200,000
130,200
201,430
20,000
330,000
415,000
50,000
290,000
20,000
80,000
243,200
262,997
187,000
114,000
360,000
190,500
542,205
458,785
199,826
178,530
1,217,122
200,000
169,922
36,839
24,195
105,556
197,174
55,470
42,878
-
-
-
90,278
185,671
130,000
21,080
- 20,000
7,500
13,645
26,714
37,905
2,523
170,000
385,000
52,000
156,000
492,500
786,355
75,286
223,095
34,477
Traffic Signal upgrades
Traffic Signal Cameras/Battery
Online Solar Permitting Grant
Metro Double Track
22,000
40,000
77,000
22,243 -
-
17,757
- 77,000
-
City Yard 849,470
362,598
648,000
400,000
418,316
316,112
136,170
176,000
20,000
746,500
269,091
149,622
396,450
125,000
311,137
497,850
22,970
703,075
442,300
111,100
319,966
839,234
675,000
391,865
273,851
215,850
22,003
28,988
75 66,104
349,561
650,000 827,467
333,610
647,925
333,896
75,055
100,000
12,344
116,767
20,000
746,500
353,091
180,000
83,437
HT Cyn Park Erosion Control
HTC Park Improvements
Rec Center Improvements
Monte Vista Prop Maint.
M/O Improvement of Property
Equipment Replacement Council Chambers (Original 101Fund transfer to 070 budget.
Goldline Bridge Art
Goldline Art Improvements
Lone Hill Et Al
Pavement Preservation
Gold Line Betterments
Eaton Road
Arrow Highway
Lonehill
Eaton Road
San Dimas Ave Pedestrian Improvements
Lone Hill ET AL
Via Vaquero E/San Dimas Ave.
Bonita Design
NPDES Professional Services
Lone Hill Park Design
-
-
-
6,300
-
-
-
-
-
123,826
59,233
-
-
-
-
84,000
150,000
313,013
62,720
158,029
264,236
-
15,000 77,280
-
-
-
-
-
-
153,108
233,614
- 22,970
-
-
-
703,075
442,300
111,100
252,000
832,620
646,700
330,000
248,432
30,889
112,809
6,614
28,300
154,000
-
Marchant Park NPDES
Catch Basin Grates & Filters
F250 Pickups
-
300,000
89,183
-
-
114,602
F150 Pickups 184,961
F350 Pickups
F550 Pickups
Parking Enforcement Vehicle
HVA Hot Water Boiler
100.4314.039.007
100.4314.039.008
100.4314.039.025
100.4314.041.029
90,000
100,000
40,000
52,764 37,236
100,000
40,000
- 37,236
100,000
220,000
150,000
-
-
-
-
180,000
150,000 150,000 -
TOTAL 14,350,841 2,915,682 9,609,670 4,058,760 13,668,430
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of October 22, 2024
From: Chris Constantin, City Manager
Prepared by: Steven Barragan, Engineering Manager
Subject: Discussion and Consideration of Funding for Gold Line/A Line Light Rail Project betterments
____________________________________________________________________________
SUMMARY
Consider appropriating funding from Prop A Transit Fund (Fund 72) to account for betterments associated with Metro’s Gold Line Foothill Extension Project.
RECOMMENDATION
Staff recommends that the City Council:
• Appropriate funds in the amount of $400,000 from Prop A Transit Fund (Fund 72) for improvements and repairs that are considered to be betterments by Metro for the Gold Line Foothill Extension Project.
FISCAL IMPACT
An amount of $150,000 has already been allocated in the City’s 2024/2025 Fiscal Year budget based under Measure R Transit (Fund 74), but due to unforeseen improvements and repairs as well as an increase in construction cost, an additional amount of $400,000 is needed for the cost of the proposed improvements and repairs which Metro considers to be betterments of their project.
Staff recommends appropriating the additional Funds from Proposition A monies (Fund 72) as these funds are restricted and can only expended for public transit associated improvements.
BACKGROUND
The Los Angeles County Metropolitan Transportation Authority (Metro) Gold Line (now referred to as the A Line) Foothill Extension Project construction started in the summer of 2021 and will be substantially complete by the beginning of 2025. Throughout this time some of our roadways
Funding for Gold Line/A Line Light Rail Project betterments Page 2 For the Meeting of October 22, 2024
have been heavily used by the Gold Line (A Line) construction equipment severely degrading the condition of the pavement. In particular, three segments of roadway that have been impacted the most are:
1. Cataract Avenue from Bonita Avenue to Arrow Highway
2. Eucla Avenue from Bonita Avenue to Second Street
3. Walnut Avenue from Bonita Avenue to Arrow Highway
The deterioration of these roadway segments has been expedited as a result of the ongoing construction activity from the transit project and repairs/improvements are warranted. Staff recommends removing (grinding/milling) 2 inches thick of existing asphalt and paving back with 2 inches thick of new asphalt pavement.
DISCUSSION/ANALYSIS
The City has requested quotes from Metro’s Construction Authority for a 2” thick grind/mill and overlay of the asphalt roadway and the estimated construction cost are shown in the table below.
In addition to the estimated construction cost totaling $342,000 for the proposed paving of the three roadway segments, staff is also asking for an additional $58,000 for other unforeseen miscellaneous betterments associated with this transit project for a grand total of $400,000. The proposed betterments are needed as a result of the construction of Metro’s Gold Line now referred to as the A Line) Foothill Extension Project and hence staff is requesting the $400,000 be appropriated from Prop A Transit Fund (Fund 72).
The Proposition A Transit Fund (Fund 72) are allocated funds that are restricted solely for developing and/or improving public transit.
ALTERNATIVES
If the City does not appropriate the funds from Fund 72 then funding may need to come from a different funding source, or the proposed improvements and repairs cannot be completed.
Street Name From To Estimate
Cataract Avenue Bonita Avenue Arrow Highway $105,000
Eucla Avenue Bonita Avenue Second Street $75,000
Walnut Avenue Bonita Avenue Arrow Highway $105,000
SUBTOTAL $285,000
CONTINGENCY
(20%) $57,000
TOTAL $342,000
PROJECT ESTIMATED CONSTRUCTION COST
Funding for Gold Line/A Line Light Rail Project betterments Page 3 For the Meeting of October 22, 2024
ENVIRONMENTAL REVIEW
This item is not subject to environmental review under the California Environmental Quality Act (CEQA). Under CEQA guidelines Section 15378 (b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment are not CEQA projects. Moreover, under CEQA guidelines CEQA guidelines Section 15784 (b)(4), government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment are not CEQA projects.
Respectfully submitted,
Steven Barragan
Engineering Manager
PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
October 15, 2024
TO: City of San Dimas
ATTENTION: Brad McKinney
RE: Claim : Zaragoza Rosales vs. San Dimas
Claimant : Jose Maria Zaragoza Rosales
Member : City of San Dimas
Date Rec’d by Mbr : 10/10/24
Date of Event : 4/11/24
CW File Number : CJP-3052591 KTV
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.
Very Truly Yours,
CARL WARREN & CO.
Timothy M. Varon
Timothy M. Varon
Claims Supervisor
October 7, 2024
CLAIM FOR DAMAGES
Government Code Section 911. 2)
TO: CITY OF SAN DIMAS
CITY CLERK CERTIFIED MAIL
CITY OF SAN DIMAS RETURN RECEIPT REQUESTED
245 E. BONITA AVE. 7018 1830 0000 8322 4889
SAN DIMAS, CA 91773
Name of Claimant(s): Jose Maria Zaragoza Rosales
Home Address of Claimant:
Telephone Number: (
Date of Birth:
Address to Which Notices Should be Sent: c/ o LAW OFFICES OF DAVID AZIZI, How Damages or Injuries Occurred: Claimant sustained severe and continuing bodily injuries and property damage as a result of a collision with a third party vehicle while Claimant was lawfully riding his motorcycle southbound on San Dimas Avenue, 4 feet north of Avenida Loma Vista in the City of San Dimas in the State of California. Based on information and belief, the City of San Dimas and its employees failed to, among other things, provide proper separating barriers for the lanes of travel, and warning signs due to shifting lanes of travel approaching the accident location. Moreover, the City did not provide any signs and/ or road controls regarding dangerous road conditions at the subject accident location.
The City of San Dimas and its employees had actual and constructive notice of the subject dangerous hazard for all traffic, possible motorcyclists, but failed to protect the public such as Claimant. Moreover, the City of San Dimas failed to take appropriate actions prior to this accident or order to prevent and/ or remedy the subject dangerous conditions that existed despite a high risk of accidents at or near the subject accident location.
The City of San Dimas failed to warn of the dangerous road condition, dangerous and defective condition of public property when used with due care. Moreover, the City of San Dimas and its employees were negligent in their hiring, training, screening, supervision, monitoring, operation, building, maintaining, and the repairing of the subject road.
Respondent knew or should have known of the dangerous condition that existed.
Respondent negligently, recklessly and carelessly created, maintained, inspected,
Re: Jose Maria Zaragoza Rosales
Date of Loss: April 11, 2024
controlled, and repaired the City property without exercising ordinary care whereby the motorcycle which Claimant was riding collided with a third party vehicle causing Claimant to sustain severe and continuing bodily injuries and emotional trauma.
When Damages or Iniuries Occurred: The subject incident occurred on April 11, 2024 at approximately 2: 30 p. m.
Where Damages or Iniuries Occurred: Southbound on San Dimas Avenue, 4 feet north of Avenida Loma Vista in the City of San Dimas, State of California.
City of San Dimas and its employees failed to maintain its property in a IS responsible: Respondent
p Y afe condition for
the public. City of San Dimas negligently, recklessly and carelessly created, maintained, inspected, controlled, repaired, hired, trained, screened, supervised, monitored and operated its property located at or near San Dimas Avenue, 4 feet north of Avenida Loma Vista in the City of San Dimas, State of California.
Names of Persons Causing Iniuries: City employees for the City of San Dimas.
Discovery and investigation is continuing. Claimant reserves the right to amend and/ or supplement this response.
Damages or Iniuries: Claimant sustained severe injuries including but not limited left leg, right leg left arm, head, and back in addition to severe emotional distress as a result of the dangerous condition on the subject City property.
Amount of Money Claimed at this time: Within the jurisdiction of the Superior Court.
Believed not to exceed $ 1, 000, 000. 00.
Names. Addresses of Doctors Hospitals: Medical providers include but are not limited to; EMT from, Care Ambulance Service, Falck; Pomona Valley Hospital Medical Center; Casa Colina Hospital; and Elihu Institute. Discovery and investigation is continuing, Claimant reserves the right to amend and/ or supplement this response.
Witnesses: Claimant, Jose Maria Zaragoza Rosales; Allyson Riley Muniz; Leanne Suzanne Alvarado; and others whose information is currently unknown, but is presently being ascertained.
Request to Preserve Evidence: Notice is hereby given to the City of San Dimas to take any and all appropriate action to preserve and maintain the following material for purposes of our client' s claim and potential lawsuit.
Any and all video tapes from the date of the incident as follows:
a. Request is hereby made that at least two ( 2) hours before and two ( 2) hours after the incident be preserved of the subject incident. b. Please preserve footage of other cameras within the City property that were operating at the time of the subject incident.
2. Any photographs taken of either the accident scene, or our client' s injuries.
Re: Jose Maria Zaragoza Rosales
Date of Loss: April 11, 2024
3. If the subject dangerous condition is going to be repaired: NOTICE IS HEREBY GIVEN that the Law Offices of David Azizi must be notified at least ten ( 10) days before such repairs begin, so that our office can document any repairs and conduct measurements of any such dangerous condition and preserve any and all necessary evidence.
Regardless of negligence or intent, any altering, changing, modification, tampering, destruction, or loss of this property will subject you and any other wrongdoers to a lawsuit for damages and punitive damages.
Further, Penal Code section 135 makes it a misdemeanor to willfully destroy evidence, in addition to any civil liabilities.
Please be advised that you are under a legal duty to maintain, preserve, retain, protect, and not destroy any and all documents and data, both electronic and hard copy, that may be relevant to Claimant' s claims as set forth in this claim. The failure to preserve and retain the electronic data and evidence outlined in this notice may constitute spoliation of evidence which will subject you to legal claims for damages and/ or evidentiary and monetary sanctions.
Your cooperation and prompt reply will be most appreciated. I look forward to working with you toward an expeditious resolution of his claim.
DATED: October 7, 2024 Law Offices of David Azizi
On Behalf of Claimant Jose Maria Zaragoza
Rosales
Z%Q-WQi .ey G G
David Azizi, E
Jason Smith, Esq.
Christine V. Reyes, Esq.
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of October 22, 2024
From: Chris Constantin, City Manager
Prepared by: Anissa Livas, Sr. Management Analyst
Subject: Introduce Ordinance 1317, Adding a New Chapter 8.15 to the San Dimas Municipal Code to Establish Standards for the Management and Retrieval of Shopping Carts in the City
____________________________________________________________________________
SUMMARY
To address a wide range of business and community concerns relating to the proliferation of shopping carts being removed from businesses and left in public areas. The proposed Shopping Cart Ordinance was developed to reduce neighborhood nuisance issues and health and safety hazards caused by abandoned shopping carts, make businesses part of the solution in addressing this issue while providing flexibility as to what type of solution to implement, and to keep city costs to a minimum. While there is some state legislation related to enforcement of abandoned shopping carts, staff is recommending that an ordinance be adopted to enhance enforcement capability and provide greater local control over the issue.
RECOMMENDATION
Staff recommends that the City Council:
• Introduce for first reading, read by title only and waive the full reading of Ordinance 1317.
FISCAL IMPACT
There is no direct fiscal impact from this ordinance. Initially, the most significant impact will be related to staffing as the proposed ordinance touches almost every City department including Community Development who will review the Shopping Cart Retrieval Plans submitted by each business, Parks and Recreation who oversees Landscape Maintenance, including the collection and storage of the abandoned carts; and Code Compliance who interfaces with the public and businesses on many of the blight related issues. Although the ordinance will involve several departments, once implemented, the impact is expected to be minimal.
Proposed Shopping Cart Ordinance Page 2
For the Meeting of October 22, 2024
BACKGROUND
Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and can interfere with pedestrian and vehicular traffic on streets, sidewalks, and private property.
Currently, the City collects 12 to 24 carts per week, despite ongoing retrieval efforts. These carts pose significant hazards to both vehicular traffic and pedestrians or cyclists when they are left in the streets, sidewalks, or parks. By adopting this ordinance, the City seeks to implement proactive solutions to reduce cart abandonment and minimize the long-term costs for both businesses and the City.
In order to address the ongoing nuisance associated with shopping carts, staff developed the attached ordinance based on four principles:
1. Prevention – Shopping carts provide legitimate purpose; however, when carts leave the intended site, they often become a hazard, and businesses ultimately need to replace carts adding long-term costs. Prevention is seen as the best tool to avoid this challenge.
2. Accountability –The Ordinance introduces accountability measures for both the business and the person using the cart to stop off site movement before it contributes to community nuisance issues or becomes a safety concern.
3. Shared Responsibility – The City recognizes that shopping cart theft is not always preventable. The City in recent years launched the My San Dimas mobile app and online request system to quickly respond to nuisance issues, including shopping carts. The City will assist with cart collection to supplement efforts by the businesses that benefit from their use with a focus on those that impact the health and safety of the community.
4. Minimize Impact on Businesses – The ordinance allows flexibility for businesses to tailor cart theft prevention approaches that best suit their operations. However, the ordinance also introduces accountability by ensuring businesses have a plan in place that is well suited to stop cart theft. These principles are incorporated into proposed ordinance (Attachment 1). The intent of the ordinance is to reduce the number of shopping carts which leave the business and become abandoned throughout the City which contributes to public nuisance and health and safety hazards.
DISCUSSION/ANALYSIS
State law, specifically California Business and Professions Code Section 22435 et seq., limits cities in the manner by which shopping cart abatement and impoundment is conducted. However, it allows cities to develop an ordinance with regulations consistent with state law to eliminate the accumulation of abandoned shopping carts within city limits so long as it does not conflict with State law. Furthermore, though the removal of a cart from a business premises is classified as a misdemeanor under State law, this law is rarely enforced due to the reluctance of businesses to press charges against individuals.
The proposed ordinance is consistent with State law in making 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, consistent with state law, also allows for the immediate collection of shopping carts found off-premises, which will help to significantly reduce the visual and safety
Proposed Shopping Cart Ordinance Page 3
For the Meeting of October 22, 2024
hazards posed by abandoned carts. A key feature of the ordinance is the requirement for businesses with more than ten (10) shopping carts to submit a Shopping Cart Retrieval Plan (SCRP). This plan will provide the City with detailed information on how businesses intend to manage their carts, including measures to prevent unauthorized cart removal, retrieval strategies, and employee training procedures. The plan will also confirm that all carts are properly marked with identification, as required by the ordinance.
Most of the businesses in the City that would be subject to this ordinance are chain stores, many of which have already complied with similar shopping cart ordinances in other cities throughout California. Their prior experience with such regulations is likely to aid in their swift compliance with the proposed local ordinance.
The SCRP will not impose an ongoing financial burden on businesses, as there is no fee associated with submitting or amending the plan. Additionally, once a business SCRP is approved, it does not require annual renewal. The plan can be modified at any time if the business‘ needs change or if required by the City due to repeat cart impoundments. New businesses will be required to submit their SCRP as a part of the business licensing process.
ALTERNATIVES
1. Maintain Current Approach: The City could choose to not adopt the proposed ordinance and continue to rely on existing state law (CA B&P Section 22435 et seq.) to manage abandoned shopping carts. While this approach would maintain the status quo, it may not fully address the increasing number of abandoned carts or provide the local control needed to reduce nuisance and public safety concerns.
2. Enhanced City Efforts Without Ordinance: The City could increase cart retrieval efforts by having staff conduct more frequent surveys of the City, alongside the existing My San Dimas app and reporting system. However, this approach would significantly increase the demand on staff time without addressing a key issue – shopping carts often lack proper identification, making it difficult to return them to the appropriate business.
3. Adopt a Modified Version: The City could consider modifications to the proposed ordinance based on City Council feedback.
4. Implement Educational Campaign: Instead of an ordinance, the city could initiate an education campaign targeting businesses and residents about responsible shopping cart use and retrieval. This would necessitate the need for additional advertising and marketing which may increase general fund costs.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Proposed Shopping Cart Ordinance Page 4
For the Meeting of October 22, 2024
Anissa Livas
Senior Management Analyst
Attachments:
1. Ordinance 1317
2. Draft Shopping Cart Plan Application
3. Frequently Asked Questions
ATTACHMENT 1
ORDINANCE 1317
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, ADDING A NEW CHAPTER 8.15 TO THE SAN DIMAS MUNICIPAL
CODE TO ESTABLISH STANDARDS FOR THE MANAGEMENT AND RETRIEVAL OF
SHOPPING CARTS WITHIN THE CITY
WHEREAS, the City Council of the City of San Dimas recognizes the need to address issues related to abandoned shopping carts in our community; and WHEREAS, the presence of abandoned, stolen, wrecked and/or dismantled shopping carts on public and private property creates visual blight, is aesthetically detrimental to the community, is injurious to the general welfare of the citizens of San Dimas, and constitutes a public nuisance; and
WHEREAS, the City Council of the City of San Dimas further finds and declares that the City’s retrieval of abandoned, stolen, wrecked, and/or dismantled shopping carts is a drain on resources; and
WHEREAS, the California Business & Professions Code Sections 22435 et seq. set forth procedures for the retrieval and abatement of shopping carts, and cost recovery for such abatement; and
WHEREAS, the City Council and the City of San Dimas believes that it is in the public interest and welfare to add a new Chapter 8.15 of the San Dimas Municipal Code to establish standards for the management and retrieval of shopping carts within the City; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN DIMAS DOES ORDAIN AS FOLLOWS:
A. The establishment of standards for the management and retrieval of shopping carts will not adversely affect adjoining property values or be detrimental to the area. The proposed ordinance will mitigate issues related to abandoned carts and enhance the overall appearance of commercial areas.
B. The proposed ordinance will further the public health, safety, and general welfare.
Implementing these standards will reduce the presence of abandoned carts in public spaces and promote a cleaner, safer environment for residents and visitors.
C. The City Council of the City of San Dimas hereby finds and determines that all the above recitals are true and correct and incorporates such recitals into the ordinance.
SECTION 1. ADOPTION. The City Council hereby adopts a new Chapter 8.15 to be added to the San Dimas Municipal Code, as set forth in Exhibit A, attached hereto and incorporated herein, to establish standards for the management and retrieval of shopping carts within the City.
SECTION 2. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion
Ordinance 1317 Page 2
Adding New Chapter 8.15 Establishing Standards for the Management and Retrieval of Shopping Carts
October 22, 2024
thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
SECTION 3. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within 15 days after passage and adoption as may be required by law in a newspaper of general circulation in the City of San Dimas hereby designated for that purpose; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance, and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within 15 days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 12th day of November, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1317 was introduced at a regular meeting of said City Council held on the 22nd day of October, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 12th day of November, 2024.
___________________________
Debra Black, City Clerk
Ordinance 1317 Page 3
Adding New Chapter 8.15 Establishing Standards for the Management and Retrieval of Shopping Carts
October 22, 2024
Exhibit A
Chapter 8.15
ABANDONMENT OF SHOPPING CARTS
Sections:
8.15.010 Purpose
8.15.020 Applicability
8.15.030 Definitions
8.15.040 Declaration of Public Nuisance
8.15.050 Shopping Cart Identification Requirements
8.15.060 Unlawful Removal or Possession of Shopping Carts
8.15.070 Mandatory Shopping Cart Plan
8.15.080 Shopping Cart Plan Timeline and Approval Process
8.15.090 Plan Modification
8.15.100 Revocation of Plan
8.15.110 Penalties for Failing to Submit or Implement a Prevention Plan
8.15.120 Authority to Impound Abandoned Cart
8.15.130 Administrative Costs and Fines
8.15.140 Disposal of Abandoned Shopping Carts
8.15.150 Emergency Services
8.15.160 Enforcement
8.15.170 Records Required for Retrieval Services
8.15.180 Business License Required for Retrieval Services
Ordinance 1317 Page 4
Adding New Chapter 8.15 Establishing Standards for the Management and Retrieval of Shopping Carts
October 22, 2024
8.15.010 Purpose
Abandoned shopping carts constitute a nuisance, create potential hazards to the public health and safety and interfere with pedestrian and vehicular traffic within the City. Wrecked, dismantled and/or abandoned shopping carts on public or private property create conditions that reduce property values and promote blight and deterioration within the City’s neighborhoods.
The purpose of this Chapter is to ensure that measures are taken by cart owners to prevent the removal of shopping carts from store premises and parking lots and to facilitate the retrieval of abandoned carts as permitted by State law.
8.15.020 Applicability
This section applies to:
a) Any business within the City that provides or maintains 10 or more shopping carts for customer use on the premises of a business establishment at any one location; and
b) Any person in possession of an abandoned shopping cart off premises.
8.15.030 Definitions
The following definitions shall apply to this Chapter:
A. “Abandoned Shopping Cart” means any cart removed from a business establishment’s premises without the written permission of the owner and located on either public or private property. This does not apply to carts that are removed for purposes of repair or maintenance.
B. “Cart” means the same as shopping cart.
C. “City” means the City of San Dimas or its designated representatives.
D. “Identified Shopping Cart” means a shopping cart that has permanently affixed sign that identifies, in accordance to section 8.15.050, the owner of the cart or the retailer or both.
E. “Owner” means a person or establishment providing shopping carts for customers to use.
F. “Parking Area” means a parking lot or other property provided by a retail establishment for use by a customer for parking an automobile or other vehicle. In a multi-store complex or shopping center, "parking area" includes the entire parking area used by or controlled by the complex or center.
G. “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.
H. “Premises” means the entire area owned under the control of the business owner, including the parking area or other off-street parking.
Ordinance 1317 Page 5
Adding New Chapter 8.15 Establishing Standards for the Management and Retrieval of Shopping Carts
October 22, 2024
I. “Public Property” means and includes, but is not limited to, all areas dedicated to public use for public facilities, parks, schools, public streets, roadways, parkways, alleys, sidewalks, flood control channels and any public right-of-way.
J. “Retail Establishment” or “Business Establishment” means any trade establishment selling goods, articles, commodities, services, or any type of merchandise where shopping carts are made available for and used by patrons and/or the public.
K. “Shopping Cart” means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for transporting goods of any kind from the display area to the register, then to the customer’s vehicle on the premises; not for off-premises transportation of merchandise.
L. “Shopping Cart Plan” means a document submitted by the owner of the cart to the City pursuant to Section 8.15.070.
8.15.040 Declaration of Public Nuisance
The spread of abandoned shopping carts on public and private property causes blighted conditions in many areas of the City and results in the obstruction of public and private sidewalks, streets, parking lots, park spaces, and other areas, thereby creating hazards to the health and safety of the public. The City declares abandoned shopping carts to be a public nuisance.
8.15.050 Identified Shopping Cart Requirements
All shopping carts provided by a business are subject to the requirements of this Chapter and shall be properly identified by the owner thereof in accordance with Section 22435.1 of the California Business and Professions Code and include at minimum the following:
a) A permanently affixed sign that identifies the owner of the cart or the retailer, or both.
b) A valid address or telephone number that clearly identifies the cart owner for returning the cart removed to the owner or retailer.
c) Notice to the public that unauthorized removal of the shopping cart from the premises of the business establishment, or unauthorized possession of the shopping cart, is a violation of State laws and a violation of City ordinance. d) Provides notice to the public of the procedure to be utilized for authorized removal of the shopping cart from the premises.
8.15.060 Unlawful Removal or Possession of Carts
A. It is unlawful for any person other than a shopping cart owner or its authorized representative to do any of the following acts, if a shopping cart is an identified shopping cart:
1) To remove or cause to be removed any shopping cart from a retail establishment or a parking area without the prior written consent of the owner.
Ordinance 1317 Page 6
Adding New Chapter 8.15 Establishing Standards for the Management and Retrieval of Shopping Carts
October 22, 2024
2) To possess any shopping cart that has been removed from a parking area without the prior written consent of the shopping cart owner or retail establishment, with the intent to temporarily or permanently deprive the owner of possession of the cart. 3) To alter, convert, or tamper with any shopping cart, or remove any part or portion thereof, or remove, obliterate or alter any identification, including but not limited to any serial numbers, or to possess any cart that has been altered, converted, or tampered with or whose identification has been removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart without the prior written consent of the cart owner. 4) To abandon or leave any cart, which has been removed from a business establishment or a parking facility, upon any public property or upon any private property that is not the premises of the retail establishment or the parking facility. 5) For purposes of all provisions in this Chapter, any person removing a cart from the retail establishment or parking area with consent of the cart owner shall carry a copy of such written consent on their person.
B. The possession of a shopping cart by a licensed shopping cart retrieval service, including a contractor or agent of the city, for purposes of retrieving a shopping cart shall not be a violation of this Section.
8.15.070 Mandatory Shopping Cart Plan
Every owner of a business subject to the requirements of this Chapter shall develop and implement a shopping cart plan in accordance with this Section and Section 8.15.080. Two or more businesses may collaborate and submit a single plan. The shopping cart plan shall be provided to the Director of Community Development upon request for review and approval and at a minimum include the following elements:
A. Shopping Cart Identification. Name, address, and telephone number of the business, and the name, email address, and telephone number of the on-site manager or designated agent.
B. Shopping Cart Inventory. The number of on-site shopping carts held by the business, and a signed affidavit stating all carts will be in compliance with the shopping cart identification requirements listed in Section 8.15.050.
C. Employee Training. A description of employee-training program to educate existing and new employees about the shopping cart plan.
D. Notice to Customers. A description of the notification method(s) used to communicate to the public that unauthorized removal of a cart from the business premise is a violation of state law and the San Dimas Municipal Code. The method(s) used may include, but are not limited to, prominently displayed signage posted at each customer exit, printed on store shopping bags, printed on sales receipt, or other method approved by the City.
E. Loss Prevention Measures. A description of the measures that the owner will implement to prevent the removal of shopping carts from the premises. These measures may include, but are not limited to, devices on shopping carts that automatically disable them if they are removed from the premises, designation of certain employees tasked to prevent the removal of shopping carts from the premises by assisting patrons with transporting groceries or merchandise to
Ordinance 1317 Page 7
Adding New Chapter 8.15 Establishing Standards for the Management and Retrieval of Shopping Carts
October 22, 2024
patrons’ vehicles and then returning shopping carts to the location where the retail establishment keeps the shopping carts, installation of obstacles to prevent the removal of shopping carts, prohibiting shopping carts outside the building of the business unless accompanied by an employee, and bollards around the premises to prevent cart removal, collection of security deposits for use of all shopping carts, or the rental or sale of utility carts that can be temporarily or permanently used to transport purchases.
F. Retrieval Measures. Specific measures for the retrieval of abandoned carts by its employees, or proof that the owner has entered into a contract for shopping cart retrieval services.
8.15.080 Shopping Cart Plan Timeline and Approval Process A proposed shopping cart plan shall be submitted to the City’s Community Development Department within ninety (90) days following the effective date of this Chapter. Any establishment that opens after the effective date of this Chapter will have thirty (30) days from the issuance of their City business license application to submit a shopping cart plan to the Community Development Department for approval.
If a proposed shopping cart plan is rejected as incomplete or inadequate, or if additional information is needed, the City will notify the owner within thirty (30) days from the date of the plan submission. The owner has thirty (30) days to submit the additional information or a complete or adequate plan. The Director of Community Development may reject or deny a plan on any of the following grounds:
a) The plan fails to include the information required under this Section or fails to adequately address the required elements.
b) The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart retention and prevention efforts. c) Implementation of the plan violates this Chapter, or State or Federal law. d) The owner knowingly makes a false statement or omits relevant facts in the plan, or in any amendment or attachment or report.
The Director of Community Development’s denial of a proposed shopping cart plan shall be final, unless appealed to the City Manager within fourteen (14) days. The City Manager shall review the director’s determination and render a written decision within thirty 30) days, which shall be the final administrative decision. Upon notice to the owner that the City has approved the prevention plan, the owner has thirty (30) days to implement the shopping cart plan at their establishment.
8.15.090 Plan Modification
Proposed amendments or modifications to a previously approved shopping cart plan shall be submitted to the City’s Community Development Department by the owner for approval prior to implementation of any proposes changes to a previously approved shopping cart plan. The City may require a business to submit a plan modification due to repeat impoundments or to modify ineffective provisions. The City shall review and consider the modification in the same manner set forth in Sections 8.115.070 and 8.15.080, and all modifications shall comply, at minimum, with the shopping cart plan requirements specified in Section 8-15-070.
Ordinance 1317 Page 8
Adding New Chapter 8.15 Establishing Standards for the Management and Retrieval of Shopping Carts
October 22, 2024
8.15.100 Revocation of Plan
The Director of Community Development may revoke an approved shopping cart plan on any of the following grounds:
a) The plan fails to address any changed circumstances related to cart retention and prevention efforts.
b) The owner has failed to comply with a provision of this Chapter. c) The owner knowingly made a false statement or fails to disclose relevant information in an application, an amendment or in a report to the City.
The Director of Community Development’s revocation of a shopping cart plan shall be final, unless appealed to the City Manager within fourteen (14) days. The City Manager shall review the director’s determination and render a written decision within thirty (30) days, which shall be the final administrative decision.
Business owners whose plans have been revoked are subject to penalties as provided in Section 8.15.110.
8.15.110 Penalties for Failing to Submit or Implement a Prevention Plan In addition to the penalties set forth in this Chapter, any owner who fails to submit a shopping cart plan, implement the shopping cart plan or implement any required modifications to the shopping cart plan as required by the City, within the time frames as specified in this Chapter, may be subject to enforcement of these requirements as set forth in Section 8.15.160. Each day during which an owner does not have an approved shopping cart plan consistent with the requirements of this Chapter shall constitute a separate violation.
Additionally, any owner who fails to submit a shopping cart plan, implement the shopping cart plan or implement any modifications to the shopping cart plan as required by the City, within the time frames as specified in this Chapter, may be required by the City to place disabling devices on all shopping carts owned, leased or used by the business establishment to prevent removal of shopping carts. Installation of disabling devices shall take place within sixty (60) days of the date of service of a notice of violation from the City. Any owner who fails to install disabling devices as required by the City shall be subject to the enforcement procedures as specified in Section 8.15.160, including but not limited to criminal infraction or misdemeanor prosecution.
8.15.120 Authority to Impound Abandoned Cart
A. When a shopping cart is left standing for any time frame on any public or private property, the shopping cart shall be deemed to be abandoned and therefore a public nuisance pursuant to this Chapter.
B. The City shall have the authority to immediately remove and impound any shopping cart on public or private property located outside the premises or parking area of a retail establishment and that is an identified shopping cart under the following conditions:
Ordinance 1317 Page 9
Adding New Chapter 8.15 Establishing Standards for the Management and Retrieval of Shopping Carts
October 22, 2024
1) The cart owner, or its agent or manager, is provided actual notice within twentyfour (24) hours following the impound. Notification may be provided in person, by phone, or by email, and the City shall document the notification used for each impounded cart.
2) The notification shall inform the cart owner, or its agent or manager, as to the location where the cart may be claimed.
3) Impounded carts shall be held at a location designated by the City which is reasonably convenient to the cart owner and open for at least six (6) hours of each business day.
4) Any cart reclaimed by the cart owner within three (3) City business days following the date of actual notification as provided pursuant to this Section, shall be released and surrendered to the owner or its agent at no charge whatsoever, including the waiver of any redemption fees that would otherwise be applicable pursuant to Section 8.15.130. Any cart reclaimed by the owner or its agent within three (3) City business days following the date of actual notice as provided pursuant to this Section, shall not be deemed an "occurrence" under Section
8.15.130.
5) Any cart not reclaimed by the cart owner or its agent within three (3) City business days following the date of actual notice as provided pursuant to this Subsection B, shall be subject to the collection of costs under Section 8.15.130 commencing on the fourth business day following the date of notice.
C. As an alternative to the procedure described in Subsection B of this Section, the City may remove and impound any shopping cart on public or private property located outside the premises or parking area of a retail establishment and that is an identified shopping cart under the following conditions:
1) The shopping cart is not retrieved within 3 business days from the date the cart owner receives actual notification of the shopping cart’s discovery and location.
Notification to the cart owner, or its agent or manager, may be provided in person, by phone, or by email, and the City shall document the notification used for each impounded cart.
2) Impounded shopping carts shall be held at a location designated by the City which is reasonably convenient to the cart owner and open for at least 6 hours of each business day.
3) Any shopping cart impounded by the City pursuant to this Subsection C shall be subject to the collection of costs under Section 8.15.130.
8.15.130 Administrative Costs and Fines
Pursuant to Business and Professions Code Section 22435.7, any owner that fails to retrieve its abandoned cart(s) within 3 business days after receiving notice from the City shall pay the City’s
Ordinance 1317 Page 10
Adding New Chapter 8.15 Establishing Standards for the Management and Retrieval of Shopping Carts
October 22, 2024
actual costs for retrieving the cart(s) and providing the notification to the owner. Additionally, where a shopping cart is impounded because its location impedes emergency services pursuant to Section 8.15.150, the owner shall pay the City’s actual costs for retrieving the cart(s) and providing the notification to the owner. The administrative costs shall be set forth in the City’s Master Fee Schedule.
Any owner who fails to retrieve abandoned carts in accordance with this Chapter in excess of three (3) times during a specified six-month period shall be subject to an additional fifty ($50.00) dollar fine for each occurrence. An occurrence includes all carts owned by the owner that are impounded by the City in a one-day period. The “specified six-month period” shall be the sixmonth periods ending on June 30th and December 31st of each calendar year.
8.15.140 Disposal of Abandoned Shopping Carts
Pursuant to State law, any shopping cart that is an identified shopping cart and that has been impounded by the City pursuant to Section 8.15.120 and not reclaimed from the City within thirty (30) days after notification to the owner may be sold or otherwise disposed of by the City or its agents as it sees fit.
If the shopping cart does not have a sign affixed to it in accordance with Section 8.15.050 and the owner cannot be reasonably ascertained, the shopping cart may be designated as “unidentified” and immediately impounded, sold, or disposed of by the City or its agents as it sees fit.
8.15.150 Emergency Services
Pursuant to Business and Professions Code Section 22435.7(c), any City officer, employee, or agent may immediately retrieve any shopping cart from public or private property if its location impedes emergency services.
8.15.160 Enforcement
Any person or business who violates the provisions of this Chapter is subject to any enforcement procedures permitted by law, including but not limited to: prosecution of a misdemeanor or an infraction, civil action for injunction, administrative enforcement procedures, including administrative citation, and revocation of a use permit if applicable.
8.15.170 Records Required for Retrieval Services
Any person or business who engages in the business of shopping cart retrieval shall retain records showing written authorization from the owners to retrieve abandoned shopping carts and to be in possession of the shopping carts retrieved. A copy of the records showing written authorization shall be maintained in each vehicle used for abandoned shopping cart retrieval.
8.15.180 Business License Required for Retrieval Services
Ordinance 1317 Page 11
Adding New Chapter 8.15 Establishing Standards for the Management and Retrieval of Shopping Carts
October 22, 2024
Any person or business intending to operate a shopping cart retrieval service for the purposes described in this Chapter shall first obtain a business license from the City.
* Required
* This form will record your name, please fill your name.
Shopping Cart Plan
1. Business Name, DBA *
2. Business Address *
San Dimas, CA
3. City, State *
91773
4. Zip Code *
5. Corp Name, if applicable
6. Corp Address
7. City, State
Shopping Cart Plan Application
DRAFT ATTACHMENT 2
8. Zip Code
9. How many carts are provided? *
DRAFT
Public Notice & Cart Identification
Every business providing shopping carts shall have a sign permanently affixed to each cart that includes all of the fol‐ lowing information:
A valid address, store identity number, telephone number, or some other form of markings that clearly identi‐ fies the cart owner
Notice to the public that the unauthorized removal of the shopping cart from the premises of the business es‐ tablishment, or the unauthorized possession of the shopping cart, is a violation of State laws and violation of City ordinance.
Carts have wheel locks or other disabling device
Carts are not allowed outside the building
Security personnel is used to monitor parking lot
Employees assist customers to vehicle and return cart to store Other
Loss Prevention Measures - Please identify all measures used at this location to aid in the prevention of carts being removed from the premises. *
10. Discussed at regular staff meetings
Discussed at employee orientation
Information included in employee handbook
Other
Employee Training
Please provide the methods used to train employees on measures used to aid in retaining carts on-premise. *
11. Yes
No
Mandatory Retrieval
Carts found off-premise may be impounded by the City. The owner of a properly identified cart will be notified of how to reclaim the cart. A storage fee will be collected for each cart not picked-up within 3 days following notification.
Retrieval Services
Does the business use a cart retrieval service? *
12. DRAFT
13. If yes, provide name of service provider
14. Contact Name *
15. Contact Phone *
16. Contact E-mail
Please select 6 options.
To the best of my knowledge, the above information is true and accurate This plan shall be implemented within 30 days following approval and will remain in effect until modified I certify that all carts provided are properly marked and identified as required The City has the authority to impound carts in accordance with Section 8.15 of the SDMC The City has the authority to require the plan be revised due to repeat impoundments Businesses with excessive impoundments can be required to install wheel locking devices.
17. Acknowledgement - I acknowledge the following: *
Shopping Cart Plan
https://forms.office.com/Pages/DesignPageV2.aspx?linkorigin=OfficeTemplate&subpage=design&linkreferrer=Others&tryoutsession=f8d73abf-21ce-4e… 4/4 DRAFT
The following information/questions are intended to assist in the preparation of the Shopping Cart Plan application:
1. How does a business file its Shopping Cart Plan?
Businesses must complete the online application form available on the City’s website (www.sandimasca.gov/shoppingcartplan)
Each cart should have a permanently affixed sign indicating the following:
o The valid address, telephone number, or some other form of markings that clearly identifies the cart owner and contact information for the responsible party.
o Notice to the public that the unauthorized removal of the shopping cart from the premises of the business establishment, or the unauthorized possession of the shopping cart, is a violation of state and local laws.
2. What information must a business provide to demonstrate efforts are made to retain the carts on the businesses’ property?
As part of the Shopping Cart Plan submission, businesses will provide information on the methods used to keep carts on their premise. A variety of methods may be used including disabling devices (the preferred method), employees dedicated for cart retrieval, parking lot security or other loss prevention measures as described by the business.
3. What if the business uses a cart retrieval service?
o If a business utilizes a cart retrieval service (preferred method), the contact information for the service will need to be provided on the Shopping Cart Plan. o If a business does not use a cart retrieval service, information on who to contact when carts are found abandoned will need to be provided on the Shopping Cart Plan.
4. What other information is needed to complete the Shopping Cart Plan? As part of the Shopping Cart Plan submission, businesses will provide information on the training/communication methods used to inform employees on the measures used in retaining carts on premise. Measures may include discussion at staff meetings, inclusion of training as part of employee orientation and/or is part of the employee handbook, or a combination of training methods.
ATTACHMENT 3