CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: November 13, 2013

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1 CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: November 13, 2013 TO: VIA: FROM: SUBJECT: Honorable Mayor and City Council Gus Vina, City Manager Bob McSeveney, Sr. Management Analyst Resolution of the City Council in Support of Senate Bill 405 (Padilla) a single-use plastic carryout bag ban BACKGROUND: On April 24, 2013 City Council sent a letter in support of Senate Bill 405 (Padilla). This bill proposes a law banning large retail stores from providing single-use plastic bags after January 1, 2015 and subsequently banning convenience stores from providing single-use plastic bags after July 1, On May 31, 2013 this bill was made into a two-year bill by the Senate, postponing the bill until the next legislative session. On October 1, 2013 Senator Padilla sent a letter to the City requesting a resolution of support for SB 405, which will be re-introduced in the Senate early next year. Encinitas City Council has an adopted 2013 legislative priority to support state-wide plastic bag ban legislation. Resolution is consistent with Council s 2013 legislative priorities. FISCAL AND STAFF IMPACTS: There are no fiscal or staff impacts to approving Resolution RECOMMENDATION: Approve Resolution in support of Senate Bill 405 (Padilla) a single-use plastic carryout bag ban. ATTACHMENTS: A. Resolution in support of Senate Bill 405 (Padilla) Single-use carryout bag ban. B. Letter from Senator Alex Padilla dated 10/1/13. C Legislative Priorities. Last printed 11/5/ :12:00 AM 11/13/2013 Item #10D Page 1

2 Attachment A RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS IN SUPPORT OF SENATE BILL 405 (PADILLA) A SINGLE-USE PLASTIC CARRYOUT BAG BAN WHEREAS, each year in California more than 13 billion single-use plastic bags are handed out by retailers and only three percent of these bags are recycled; and WHEREAS, one third of Californians are subject to local laws phasing out the use of single-use plastic bags; and WHEREAS, plastic bag litter is a statewide issue and should be addressed by the California Legislature rather than at the local level; and WHEREAS, according to a study commissioned by the U.S. Marine Debris Monitoring Program, plastic bags remain one of the top items found consistently during annual beach cleanups; and WHEREAS, State Senator Padilla has authored SB 405, which would prohibit grocery stores and large retailers from providing single-use plastic bags to customers in 2015, and would expand that to prohibition to convenience stores and food marts in 2016; and WHEREAS, by prohibiting the free distribution of plastic bags, SB 405 would help eliminate a plastic bag pollution in California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Encinitas, that by the adoption of this Resolution, the City of Encinitas hereby SUPPORTS Senate Bill 405 (Padilla) that would prohibit grocery stores, large retailers, convenience stores, and food marts from providing singleuse plastic bags to consumers, and require those stores to have reusable bags available for purchase. PASSED AND ADOPTED this 13th day of November, 2013, by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: Teresa Barth, Mayor Kathy Hollywood, City Clerk 11/13/2013 Item #10D Page 2

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4 Attachment C 2013 Legislative Priorities Purpose Throughout each year, the State Legislature and the United States Congress propose and enact legislation, some of which affects local municipal government. At times, it is in the interests of the City to take a position on proposed legislation. The process for addressing proposed legislation is detailed in City Council Policy C024. The priorities for addressing the legislation are shown below. Priorities The Legislative Program would provide guidelines for the City of Encinitas legislative advocacy. The primary priority areas include: Protect funding for vital community services Protect local control of land-use decision-making Support environmentally sustainable cities Expand infrastructure investment Public Safety Coastal protection and enhancement More specific City interests include: PROTECT FUNDING FOR VITAL COMMUNITY SERVICES Support full reimbursement to cities for all State and federal mandates. Protect or enhance local government revenue resources. Oppose State budget cuts targeting critical local programs and services. Enhance Community Development Block Grant and other federal funding. PROTECT LOCAL CONTROL OF LAND-USE DECISION-MAKING Protect local control of land use decision-making and oppose legislation that would hinder or threaten local control. Seek opportunities to regain local control over state-imposed density bonus law. 11/13/2013 Item #10D Page 4

5 SUPPORT ENVIRONMENTALLY SUSTAINABLE CITIES Support legislation protecting existing water supply, and facilitating development of future water sources in Southern California. Support legislation providing funding for the acquisition and restoration of wildlife habitat. Encourage the use of water conservation techniques. Support incentives for water reclamation. Support incentives for utilizing renewable energy resources. Support state-wide plastic bag ban legislation. EXPAND INFRASTRUCTURE INVESTMENT Support equitable long-range, statewide infrastructure investment. Support State/federal facilitation of timely construction of local transportation projects. Oppose the use of gasoline sales tax revenues for other than state and local transportation purposes. Support local rail infrastructure investment. PUBLIC SAFETY Support funding bills for local law enforcement equipment, services, or personnel. Ensure local discretion in the adoption and implementation of health and safety standards contained in the building and fire codes. Support funding bills for local emergency operations including equipment, services, and personnel. COASTAL PROTECTION AND ENHANCEMENT Support legislation providing funding and other means for beach replenishment. 11/13/2013 Item #10D Page 5

6 Additional mandated storm water pollution prevention measures must be accompanied by funding or a mechanism to provide for funding. Support ecosystem enhancing legislation. Apart from the above listed specific interests, City Council shall be apprised of legislative actions of the County of San Diego. T:\Legislative Program\2013\C Legislative Program /13/2013 Item #10D Page 6