HomeMy WebLinkAboutRES NO 114-2022RESOLUTION NO: 11 2 02 2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD AUTHORIZING THE CREATION OF THE
SMART CART SHOPPING CART CONTAINMENT
INCENTIVE PROGRAM
.WHEREAS, on June 15, 2022, the first reading of an ordinance adding
Chapter 9.29 of the Bakersfield Municipal Code relating to shopping carts
containment was approved by the Bakersfield City Council; and
WHEREAS, on July 13, 2022, the ordinance was adopted by the City Council,
and property owners will be required to provide a shopping cart containment
program for their shopping centers and businesses; and
WHEREAS, the Bakersfield City Council believes the ordinance is necessary
to prevent or reduce the accumulation of abandoned shopping carts in the City
which cause visual blight, obstruction of pedestrian and vehicular traffic, and
constitute a hazard to the health, safety and welfare of the public; and
WHEREAS, the City intends to administer a incentive program to support
eligible costs associated with compliance of the ordinance in order to support
property owners who are subject to the ordinance requirements; and
WHEREAS, the City of Bakersfield
Department desires to administer the
improving the quality of life for all
development.
Economic & Community Development
program as part of its commitment to
residents and support local business
NOW, THEREFORE, IT IS RESOLVED by the Council of the City of Bakersfield as
follows:
1. The above recitals are true and correct and incorporated herein.
2. The City Council finds that all the facts, findings, and conclusions set forth in
the recitals above in this Resolution are true and correct.
3. The City Council hereby approves the development of the Smart Cart
Shopping Cart Containment Incentive Program.
4. The City Council authorizes staff to develop the program and facilitate its
implementation.
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ORIGINAL
5. The City Council hereby appoints the Economic & Community
Development Director or designee as agent to oversee and manage the
programs development, marketing, and implementation.
6. The City Clerk shall certify to the passage and adoption of this Resolution
and shall cause the same to be published or posted according to law.
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the COU 1 jl2of the City of Bakersfield at a regular meeting thereof held on
JUL3 , by the following vote:
AYES: COLINCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES: COLINCILMEMBER
ABSTAIN: COLINCILMEMBER
ABSENT: COLINCILMEMBER
J LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: jUL 13 2022
By O
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
General Counsel
4SHUA H. RUDNICK
Deputy City Attorney II
S:\DevelopServicesDpt\Resos\SmartCartShoppingCortContSubProg.docx
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BAKERSFIELD
ECONOMIC & COMMUNITY
DEVELOPMENT
CITY OF BAKERSFIELD
SHOPPING CART CONTAINMENT
INCENTIVE PROGRAM
Administrative Guidelines
Statement of Purpose
On June 15, 2022, the City Council introduced an ordinance that requires property owners
to provide a shopping cart containment program for their shopping centers and businesses.
The containment requirement pertains to all property owners of retail establishments within
the City that provide shopping carts for use by their patrons. Each property owner will be
responsible for developing, implementing and complying with a shopping cart containment
system.
The Shopping Cart Containment Incentive Program is established to provide a one-time
offset for property owners to assist in the compliance with the ordinance.
Eligible Containment Systems
The ordinance specifies the systems property owners are to select and implement:
(1) Installation of bollards (upright post consisting of a piece of timber, concrete, metal
or similar material fixed firmly in an upright position that creates a narrowed
passageway restricting the removal of shopping carts from the premises);
(2) Wheel locking or stopping mechanisms (i.e. a locking or stopping mechanism used
in conjunction with an electronic or magnetic barrier around the premises of a retail
establishment);
(3) Designation of certain employees to prevent the removal of shopping carts from the
premises by assisting patrons with transporting merchandise to their vehicles and then
returning the shopping carts to their corrals;
(4) Shopping cart deposits (a deposit from customers for the on -site use of shopping
carts); and/or
(5) Other methods, approved by the City of Bakersfield Code Enforcement Department.
Adoption and Distribution
As authorized, the Economic and Community Development Department (ECD) proposes a
incentive program ("Smart Cart") to assist property owners with complying with the new City
standard.
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Shopping Cart Containment Incentive Program
As adopted by the City Council on July 13, 2022 by Resolution ## Page 1 of VORIGINAL
Smart Cart is a locally initiated program that uses locally generated and grant revenues to
support property owners for the implementation of a containment system on the premises.
Program Funds
Commercial property owners within a designated Economic Opportunity Area will be
eligible to apply for EOA funding up to $15,000 for the cart containment system. Awards
under this program are limited to the funding available within the EOA program.
Commercial property owners not located in an EOA but located within a Qualified Census
Tract (QCT) under ARPA will be eligible to apply for funding up to $15,000 for the cart
containment system. Awards under this program are limited by funding available under
the ARPA program.
Commercial property owners not located in an EOA or QCT will be eligible to apply for
funding up to $15,000 for the cart containment program. Awards under this program are
subject to future appropriation by City Council.
Management
The Economic and Community Development Director or designee shall serve as the
Manager of the Smart Cart incentive program. The responsibilities of the Manager, subject
to direction of the City Council, shall include the following:
a. Maintaining all applications and financial records of the Smart Cart incentive
program;
b. Assisting prospective applicants requesting program support in the preparation and
presentation of their applications;
c. Monitoring the use of monies distributed to successful applicants for program support
to assure compliance with the purposes of the shopping cart containment incentive
program and the conditions under which these monies were granted or loaned; and
d. Reporting quarterly to the City Council regarding the operation and activity of the
Smart Cart program.
e. Disbursing reimbursement funds to applicants once containment system is installed.
Shopping Cart Containment Incentive Program
As adopted by the City Council on July 13, 2022 by Resolution ##
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