HomeMy WebLinkAboutLtr of Support - Rgnl Ord to Limit Use of Plastic BagsCITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAF'F REPORT
REQUEST: AUTHORIZE THE MAYOR TO SIGN A LETTER SUPPORTING A
REGIONAL ORDINANCE TO LIMIT USE OF SINGLE-USE PLASTIC
BAGS
SUBMITTED BY
DATE:
Tony Bagato, Principal Planner
October 24, 2013
CONTENTS: Letter from Palm Desert Citizen's Sustainability Committee
Draft Letter Supporting a Regional Ordinance
Draft Ordinance
California Grocers' Association Letter
Citizens' Sustainability Committee Draft Meeting Minutes
City Council Meeting Minutes dated December 8, 2011
City Council Staff Report dated December 8, 2011
Recommendation
By Minute Motion,
regional ordinance
Coachella Valley.
Executive Summary
authorize the Mayor to sign a letter supporting a model
to limit the distribution of single-use plastic bags in the
The Palm Desert Citizens' Sustainability Committee and staff have been working with the
Palm Springs Sustainability Commission and CVAG to draft a model regional ordinance to
limit single-use plastic bags that are harmful to the environment. This matter has been
discussed since 2011 by the City of Palm Desert, and the Citizens' Sustainability Committee
is requesting that the City Council consider sending a letter to all the local cities supporting
the draft ordinance that has been prepared. The draft letter and ordinance are provided with
the staff report. The draft ordinance would prohibit the distribution of single-use plastic bags
at groceries, variety stores, and many other retailers, and impose a charge of 10 cents for
paper bags in order to motivate shoppers to reusable bags. Plastic bags would still be
distributed by grocers for meats and produce, and by restaurants for carry-out meals.
Committee Recommendation
At the July meeting of the Citizens' Sustainability Committee, staff was asked to work with a
subcommittee to draft a letter to Mayor Harnik requesting that the City contact other
Coachella Valley mayors to seek support for a regional approach to limiting use of single-
use plastic bags. At the August meeting, the Citizens' Sustainability Committee
unanimously recommended that staff present the letters and draft ordinance to the City
Staff Report
Letter of Support for Limiting Single-Use Plastic Bag
Page 2 of 5
October 24, 2013
Council for discussion.
Backaround
On December 8, 2011, staff presented a potentia! ordinance to limit distribution of single-
use plastic bags. After the presentation, the City Council believed that the issue should be
addressed at a regional level, and that it may be more appropriate for the Coachella Valley
Association of Governments (CVAG) to address. The matter was continued to a date
uncertain in order to study the issue further.
In February of 2012, CVAG's Energy & Environmental Resources Committee discussed a
potential ordinance to limit the use of single-use plastic bags throughout the Coachella
Valley. After considerable discussion, CVAG staff was asked to research what legislation
may be pending at the State level to determine if the State was implementing a single-use
plastic bag prohibition.
After the discussion by CVAG, members from the Palm Springs Sustainability Commission
and the Palm Desert Citizens' Sustainability Committee worked together to develop a draft
model ordinance with the intent that the ordinance would be considered for adoption as a
regional issue. During the summer, these two groups met with CVAG staff, and they were
told that CVAG was not looking at a regional prohibition. Based on that discussion, the Palm
Desert Citizens' Sustainability Committee requested that staff prepare a letter that the City
Council could authorize the Mayor to sign and send to other (ocal cities with the draft
ordinance. The letter is requesting that other (ocal cities join in support of adopting an
ordinance to limit distribution of single-use plastic bags as a regional effort.
After this action was taken by the Palm Desert Citizens' Sustainability Committee, CVAG's
Energy & Environmental Resources Committee heid a meeting on October 10, 2013, and
discussed a possible model ordinance for single-use plastic bags. After the discussion, the
Committee unanimously supported a possible regional model ordinance to limit single-use
plastic bags, and recommended that the CVAG Executive Committee study the issue
further for a possible ordinance.
Developing and supporting a model ordinance that reduces single-use plastic bags wil! be
challenging, but a great benefit to the environment. It is estimated that approximately 19
billion single-use plastic bags are consumed annually in California. Of those 19 billion,
approximately three to five percent are recycled or reused. Currently, 84 cities and counties
in California have created an ordinance to regulate single-use plastic bags. According to
Caltrans, approximately $500,000 to $1 million is spent collecting debris and trash along the
Interstate 10.
The following photos, which depict the environmental concern locally, were taken by staff in
the City of Palm Desert:
G:\Planning\Tony Bagato\Sustainability and Greenhouse Gases\Sustainability Plan\Plastic Bags\Committee Letter for the Mayor with Sample
Ordinance\CCSR_Plastic Bags,docx
Staff Report
Letter of Support for Limiting Single-Use Plastic Bag
Page 5 of 5
October 24, 2013
One of the concerns with regulating plastic bags is the impact on local grocery stores and
retailers. Recently, the California Grocers Association has stated that they support the
typical or "model" ordinance that has been used throughout California. The draft ordinance
attached was prepared based on the model ordinance referred to in the letter attached.
The proposed model ordinance is based on successful ordinances in other California cities
and counties. It established criteria for affected stores, incentives, and a 10-cents-per-bag
charge for paper bags. The model ordinance also establishes a phased approach to
implementation with the following timeline:
• Large retailers — six months from approval date
• Smaller retailers — one year from approval date
The ordinance also focuses on education and ongoing awareness. Education needs to be a
strong component of implementing any potential ordinance regulating single-use plastic
bags. Staff and the Citizen's Sustainability Committee have reviewed a proposed
educational component that will be presented to the City Council at a future meeting. Plastic
bags will continue to be used for restaurant carry-out, and for meats and vegetables at
grocery stores.
Fiscal Analvsis
There are no fiscal impacts or benefits associated with sending a letter to other mayors
asking them to support a Valiey-wide program. The fiscal impact of enacting an ordinance
to limit the distribution of single-use plastic bags will be studied if and when such an
ordinance is considered for adoption.
Submitted By:
� � i
�7 �� .�'�
Tony Bagato, Principal Planner
rov I:
�� �
M. Wohlmuth, City Manager
Department Head:
�
�uri Aylaian, Dir, of Community De ent
CITY COUNCIL AC�iON
APPROVED DFNiF.D
RECEIVED OTHER
MEET G D �TE �Q ' ��y � r�b� ��
AYES: ��G�l l� li�%, Ct��O' 'YI k
NOES: � / , 17��� (.U��.�'
ABSENT: � , �?F
ABSTAIN: ���� �
VERIFIED BY: ��� �1•� �
Original on File with City rk's Office
G:\Ptanning\Tony Bagato\Sustainabitity and Greenhouse Gases\Sustainability Plan\Ptastic BagslCommittee Letter for the Mayor with Sample
Ordinance\CCSR_Plastic Bags.docx
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 922C�0-2j 7R
TE�: 760 346-o6i i
info��cityofpalmdesert.org
October 14, 2013
Honorable Jan C. Harnik and Palm Desert City Council Members
73-510 Fred Waring Drive
Palm Desert, California 92260
Dear Mayor Harnik and Palm Desert City Council Members:
Re: Support of an Ordinance Regulating Single-Use Plastic Bags
We, the members of your Palm Desert Citizens' Sustainability Committee, would like to
request your support on an important issue concerning the City and the entire Coachella
Valley.
In September 2011, the City Council directed staff and the Citizens' Sustainability
Committee to research the effects of single-use plastic bags on our environment. Since
then, we have found an incredible urgency for the City of Palm Desert to join the 84
other California cities to regulate single-use plastic bags.
The negative impact of single-use plastic bags is well-documented. Plastic bags and
plastic film together represent 2.2 percent of the waste stream and these bags take
more than 1,000 years to breakdown. According to the California lntegrated Waste
Management Board, it costs Californians $25 million to dispose of the 19 billion single-
use bags used in the state annually. The average person uses 500 of these plastic bags
every year, most of which never get recycled.
As you know, there have been several attempts at the State level to ban plastic bags,
but all have failed. We are dubious that one will pass in the near future. However, after
speaking with the other Coachella Valley cities, it became clear that the only way for a
Plastic Bag Ordinance to pass, is if it was passed Valley-wide. No city is willing to take a
leadership position and be the first to pass such a policy.
Other cities have shared our interest through our discussions with City of Indio and City
of Palm Springs. In a joint effort with the Sustainability Commission of City of Palm
Springs, we have drafted a policy to regulate single-use plastic bags. Based on the best
policy items from other California cities, this draft is a straight-forward approach to
eliminating plastic bags in the Coachella Valley. In addition, this policy has received the
i� PPINiE� ON RE(YfL[D PAPER
Honorable Jan C.
Page 2 of 2
October 14, 2013
Harnik and Palm Desert City Council Members
support of Grocers Association, as well as the endorsement of area non-profits
including the US Green Building Council.
In the past, the City of Palm Desert has been the valley's environmental leader on
issues such as our recycling programs, PACE program, higher water standards, and
waived fees on solar permits.
So we would like to formally request that you send out a letter of support to your fellow
Coachella Valley Mayors. We have enclosed a draft of that letter, along with our current
draft policy and letters of support.
Thank you for considering the Committee's request. Our hope is that your show of
support will help push the other cities to adopt this policy and join the 84 other cities in
California who have eliminated plastic bags.
Sincerely,
� � O fir�L/L� Gf'
� <'�3ry'� N 1�E
SIGNED, REPRESENTATIVES OF CITY OF PALM DESERT CITIZENS'
SUSTAINABILITY COMMITTEE, PLASTIC BAG SUBCOMMITTEE:
Eric Corey Freed, Member
Dean Gatons, Member
Bruce Kassler, Member
Robert Leo, Chair
cc: Tony Bagato, Principal Planner
CIiY Of Pfll�l DESERi
�A, P0.1NiE� ON RE(YClEO PAPER
[Date]
[The Honorable Full Name]
[Add ress]
[City], California [Zip]
Dear Mayor [Surname]:
Re: Support of an Ordinance Regulating Single-Use Plastic Bags
Like you, I am concerned with the environmental impact that single-use plastic bags are
having on our beautiful Coachella Valley. Because of this, we, the City Council for Palm
Desert, directed our staff and Citizens' Sustainability Committee to research the effects
of single-use plastic bags on our environment. Since then, we have found an incredible
urgency to join the 84 other California cities to regulate single-use plastic bags.
The negative impact of single-use plastic bags is well-documented. Plastic bags and
plastic film together represent 2.2 percent of the waste stream and these bags take
more than 1,000 years to breakdown. According to the Califomia lntegrated Waste
Management Board, it costs Californians $25 million to dispose of the 19 billion single-
use bags used in the state annually. The average person uses 500 of these plastic bags
every year, most of which never get recycled.
As you know, there have been several attempts at the State level to ban plastic bags,
but all have failed. We are dubious that one will pass in the near future. No City Council
wants to stand alone so I am writing to request you join me in your support for a
Coachella valley-wide plastic bag ordinance.
In a joint effort with the Sustainability Commission of City of Palm Springs, we have
drafted a policy (enclosed) to regulate single-use plastic bags. Based on the best policy
items from other California cities, this draft is a straightforward approach to eliminating
plastic bags in the Coachella Valley. In addition, this policy has received the support of
the Grocers Association, as well as the endorsement of area non-profits including the
US Green Building Council.
Regulating Single-Use Plastic Bags
Page 2 of 2
[Date]
So, at the request of the Palm Desert Citizens' Sustainability Committee, I am writing to
request your support by putting this forth to your City Council for review and adoption. I
am happy to share all of the research and information gathered by our Citizens'
Sustainability Committee.
Thank you for considering my request. Our hope is that your show of support will help
push the other cities to adopt this policy and join the 84 other cities in California who
have eliminated plastic bags.
Sincen
JAN C
MAYO
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF [INSERT
CITY NAME] AMENDING CHAPTER [INSERT MUNICIPAL CODE
SECTION FOR HEALTH OR ENVIRONMENT] RELATING TO A BAN OF
SINGLE-USE CARRYOUT PLASTIC BAGS AND PROHIBIT THE FREE
DISTRIBUTION OF RECYCLED PAPER BAGS, BY RETAIL
ESTABLISHMENTS, TO BE EFFECTIVE [INSERT DATE]
WHEREAS, about nineteen billion (19,000,000,000) single use bags are used
annually in California but less than 5% are recycled; and
WHEREAS, about twenty-two million (22,000,000) single use carry out bags are
distributed by retail establishments in the City each year; and
WHEREAS, most of these single use carry out bags are made from plastic or
other material that does not readily decompose; and
WHEREAS, numerous studies have documented the prevalence of single use
plastic carry out bags littering the environment and blocking storm drains; and �
WHEREAS, the City tax payers must bear the brunt of clean up costs; and
WHEREAS, the City Council of the City of is the decision-
making body for the approval and adoption of this Ordinance; and
WHEREAS, this ordinance requires stores that decide to make recycled paper
carry out bags available to pass-through to their customers the reasonable cost of
providing bags;
WHEREAS, based on this analysis, the City has determined that a minimum
cost pass-through of $0.10 per paper bag would cover the reasonable cost to a store of
providing the paper bags to its customers; and
WHEREAS, other jurisdictions have imposed paper bag fees on the customers
requesting these bags and these fees have proven very effective at generating a major
shift in consumer behavior toward the use of reusable bags and significantly reducing
bag consumption; and
WHEREAS, the proceeds from the collection of the paper bag pass-through
would be retained by the retailer and this ordinance does not specify how the retailers
must expend the monies collected; and
ORDINANCE NO.
WHERAS, customers can avoid this cost pass-through by using reusable bags;
and
WHEREAS, no portion of the cost pass-through will be provided to the City and
consequently, the City will not receive any revenues from the retailers' collection of the
paper bag pass-through; and
WHEREAS, therefore, the cost pass-through is not a fee subject to Proposition
26; and
WHEREAS, a paper bag cost pass-through is an essential element of the
proposed ordinance as it is intended to provide a disincentive to customers to request
paper bags when shopping at regulated stores and to promote a shift towards the use
of reusable bags by City of consumers; and
WHEREAS, there are several alternatives to single use carry out bags readily
available in the City, including reusable bags produced locall�= from sustainable
materials; and
WHEREAS, an important goal of the City`s Sustainable Plan is to procure and
use sustainable products and services; and [IF APPLICABLE]
WHEREAS, it is the City's desire to whenever possible conserve resources,
reduce the amount of greenhouse gas emissions, waste, and to protect the public
health and welfare including local wildlife, �II of which increase the quality of life for City
of residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
6ity Attorney's Summary
This Ordinance adds Section to Chapter of Tit/e
of the Municipa/ Code and establishes a
program for limiting the use of sing/e-use carryout plastic bags.
The Council of the City of ordains:
SECTION 1. Chapter of Title _ of the Municipal
Code is hereby amended by adding a new Section to be numbered and entitled and to
read as follows:
ORDINANCE NO.
CHAPTER SECTION USE OF SINGLE-USE CARRYOUT PLASTIC
BAGS
Findings and Purpose
Penalties and Enforcement
Definitions
Public Nuisance
Reserved- Prohibitions and Exemptions??
Reserved- Recordkeeping and Inspection??
Modification, Suspension and/or Revocation of Validly Issued
Permit and/or License
Additional Penalties
Operative Date
Findings and Purpose
A. The City Council of the City of finds and determines that the
City is committed to protecting the public health, safety, welfare, and environment, and
that in order to meet these goals, it is necessary for the City promote the public
purposes served by this Chapter and adopt the following regulations pursuant to these
findings.
B. The City finds that ordinances limiting the use of single-use carryout plastic bags
have been proven to reduce the amount of pollution and improves quality of life for the
citizens of .
C. The City finds that, except in unusual circumstances, it is feasible and
reasonable for parties who provide single-use carryout plastic bags can easily transition
to paper bags and move to a model that charges for paper bag use by consumers.
D. The City of recognizes that plastic bags are a public nuisance
and affect public health and impacts tourism and quality of life to both residents and
visitors in .
Penalties and Enforcement
A. The City Manager, or his/her designee, is authorized to establish regulations and
to take any and all actions reasonable and necessary to obtain compliance with the
Chapter, including, but not limited to, inspecting any Retail Establishment's premises to
verify compliance.
B. Any person violating this Section shall be guilty of an infraction, which shall be
punishable by a fine.
C. The City Attorney may seek legal, injunctive, or other equitable relief to enforce
this Chapter.
ORDINANCE NO.
D. Administrative enforcement of this Chapter shall proceed pursuant to Title of
the Municipal Code, with the fines to be graduated for repeat
violations in amounts set forth by City Council resolution.
E. Each violation of this Chapter shall be considered a separate offense.
F. The remedies and penalties provided in this Section are cumulative and not
exclusive, and nothing in this Chapter shall preclude any person from pursuing any
other remedies provided by law.
G. Notwithstanding any other provision of . this Chapter, commencing on
, this Chapter may be enforced through any remedy as provided
for in this Section. Prior to [INSERT DATE] this Chapter shall not be enforced.
Definitions
A. "Applicant" means any individual, firm, limited liability company, association,
partnership, political subdivision, goverrimenfi agency, municipality, industry,
public or private corporationr ar any other entity whatsoever who applies to the
City for the applicable permits to undertake projeet within the City.
B. "Compliance Official" means the City Manager or his/her designee, including an
agent acting on behalf of the City, assigned to evaluate, and determine
compliance or non-compiiance with this Chapter.
C. "Customer" means any Person obtaining goods from a Retail Establishment.
E. "Exempt" means projects described by the criteria outlined in Section that
are exempt from the requirements of this Chapter.
F. "Store" means any of the following retail establishments located within the City
limits of the City of :
(1) A full-line, self-service retail store with gross annual sales of two million
dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods,
or nonfood items and some perishable items;
(2) A store of at least 10,000 square feet of retail space that sells any perishable
or non-perishable goods including, but not limited to clothing, food, or
personal items, and generates sales or use tax pursuant to the Bradley-Burns
Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section
7200) of Division 2 of the Revenue and Taxation Code); or
(3) A drug store, pharmacy, supermarket, grocery store, convenience food store,
foodmart, or other entity engaged in the retail sale of a limited line� of goods
ORDINANCE NO.
that includes milk, bread, soda, and snack foods, including those stores with
a Type 20 or 21 license issued by the Department of Alcoholic Beverage
Control; or
(4) A store of less than 10,000 square feet of retail space that sells any
perishable or non-perishable goods including, but not limited to, clothing,
food, or personal items, and generates sales or use tax pursuant to the
Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing
with Section 7200) of Division 2 of the Revenue and Taxation Code).
G. "Nonprofit Charitable Reuser" means a charitable organization, as defined in
Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating
unit or division of the charitable organizationf that reuses and recycles donated
goods or materials and receives more than fifty percent (50%) of its revenues
from the handling and sale of those danated goods or materials.
H. "Paper Bag Cost Pass-Through" means the cost which must be collected by
retailers from their customers when providing a Recycled Paper Bag.
"Person" means any natural person, firm, corporation, partnership, or other
organization or group however organized.
J. "Pharmacy" means any retail store, where prescriptions, medications, controlled
or over the counter drugs, personal care produets or health supplement goods or
vitamins are sold, but excluding any licensed pharmacy located within a hospital.
K. "Prepared Food" means foods or beverages which are prepared on the premises
by cooking, chopping, slieing, mixing, freezing, or squeezing, and which require
no further preparation ta be consumed. Prepared Food does not include any raw,
uncooked meat product o� fruits or vegetables which are chopped, squeezed, or
mixed.
L. "Public Eating Establishments" means a restaurant, take-out food establishment,
or any other business that receives ninety percent (90%) or more of its revenue
from the sale of Prepared Food to be eaten on or off its premises.
M. "Recycled Paper Bag" means a paper bag provided at the check stand, cash
register, point of safe, or other point of departure for the purpose of transporting
food or merchandise out of the establishment that contains no old growth fiber
and a minimum of forty percent (40%) post-consumer recycled content; is one
hundred percent (100°/a) recyclable; and has printed in a highly visible manner on
the outside of the bag the words "Reusable" and "Recyclable," the name and
location of the manufacturer, and the percentage of post-consumer recycled
content. The Recycled Paper Bag is capable of composting, consistent with the
timeline and specifications of the American Society of Testing and Material
ORDINANCE NO.
(ASTM) Standard Specification for Compostable Plastics D6400, as published in
September 2004.
N. "Retail Establishment" means any commercial establishment that sells perishable
or nonperishable goods including, but not limited to, clothing, food, and personal
items directly to the Customer; and is located within or doing business within the
geographical limits of the City of . Retail Establishment does
not include Public Eating Establishments or Nonprofit Charitable Reusers.
O. "Reusable Bag" means a bag that has handles that is specifically designed and
manufactured for multiple reuse and meets all of the following requirements: (1)
is machine washable or is made of material that can be cleaned or disinfected;
(2) has a minimum lifetime of one hundred twenty-five (125) uses, which for
purposes of this subsection, means the capability of carrying a minimum of
twenty-two (22) pounds one hundred twenty-five (125) times over a distance of at
least one hundred seventy-five (175) feet; (3) is made of a plastic that is at least
two and one-quarter (2.25) mil thick; (4) does not contain lead, cadmium, or any
other heavy metal in toxic amounts, as defined by applicable State and Federal
standards and regulations for packaging or reusable bags.
P. "Single-Use Carryout Plastic Bag". means a bag other than a Reusable Bag
provided at the check stand, cash register, point of sale or other point of
departure for the purpose of transporting food ar., merchandise out of the
establishment.. Single-Use Carryout Plast`re Bags da not include bags without
handles provided to the Customer (1) ta transport produce, bulk food, or meat
from a produee, bulk food, or meat department within a store to the point of sale;
(2) to hold prescription medication dispensed from a pharmacy; or (3) to
segregate food or merchandise� that cauld damage or contaminate other food or
merchandise when placed together i� a Reusable Bag or Recycled Paper Bag.
Public Nuisance
A violation of this chapter by any person responsible for committing, causing or
maintaining such violation, shall constitute a public nuisance which shall be subject to
the provisions of Chapter of the Municipal Code, including but not limited to the
imposition of any and all administrative fines and the provisions of any other applicable
regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the city,
the state, or any other legal entity or agency having jurisdiction.
(Reserved) Prohibitions and Exemptions
A. No Retail Establishment, to include grocery store or pharmacy, shall provide a
Single-Use Carryout Plastic Bag to a Customer, at the check stand, cash register, point
of sale, or other point of departure for the purpose of transporting food or merchandise
out of the establishment except as provided in this Section.
ORDINANCE NO.
B. No person shall distribute a single-use carryout plastic bag at any City facility,
City-managed concession, City-sponsored event, or City-permitted event unless
otherwise provided in this Section.
C. No person shall distribute a single-use carryout plastic bag at the
Farmer's Market. Single-use carryout plastic bags may be
distributed to customers by food providers for the purpose of safeguarding health and
safety during the transportation of prepared take-out foods and liquids intended for
consumption away from the food provider's premises.
D. On or a Retail Establishment may make available for sale
to a Customer a Recycled Paper Bag for a minimum charge of ten cents ($0.10).
E. Notwithstanding the Section, no Retail Establishment may make available for
sale a Recycled Paper Bag unless the amounfi of the sale of the Recycled Paper Bag is
separately itemized on the sale receipt.
F. A Retail Establishment may provide a Customer participating in the California
Special Supplemental Food Program for Women, Infants, and Children pursuant to
Article 2(commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the
Health and Safety Code; and a Customer participating in the Supplemental Food
Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division
9 of the California Welfare and Institutions Cade, with one (1) or more Recycled Paper
Bags at no cost.
(Reserved) Recordkeeping and Inspection
Every Retail Establishment shal{ keep complete an accurate record or documents of the
purchase and sale af any Recycled Paper Bag by the Retail Establishment, for a
minimum period of three (3) years from the date of purchase and sale, which record
shall be available for inspection at no cost to the City during regular business hours by
any City employee authorized to enforce this Part. Unless an alternative location or
method of review is mutually agreed upon, the records or documents shall be available
at the Retail Establishment address. The provision of false information including
incomplete records or documents to the City shall be a violation of this Section.
Modification, Suspension and/or Revocation of Validly Issued Permit
and/or License
Repeated infractions can be charged as a misdemeanor
Severability
The City Council declares that, should any provision, section, paragraph, sentence or
word of this Ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction or by reason of any preemptive legislation, the remaining
ORDINANCE NO.
provisions, sections, paragraphs, sentences or words of this Ordinance as hereby
adopted shall remain in full force and effect.
Operative Date
A. Stores defined in subsections (E), (E)(1), (E) (2) and E(3) of Section 5.38.010
shall become subject to this Chapter on DATE (Six Months from date of
passage).
B. Stores defined in subsection (J)(4) of Section 5.38.010 shall become subject to
this Chapter on (One Year from Date of Passage) [DATE].
ORDINANCE NO.
SECTION 2. This ordinance shall become effective on the thirty-first day
following passage.
ADOPTED THIS DAY OF ,
ATTEST:
[CITY CLERK]
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF )
[MAYOR]
I, [CITY CLERK], City Clerk of the City of , California, do
hereby certify that Qrdinance No. is a full, true, and correct copy, and was
introduced at a regular meeting of the City Council on
, 2013, and adopted at a regular meeting of the City Council held on
, 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
[CITY CLERK]
CITY OF , CALIFORNIA
�� 1444 9th Street ph 310 451 1500 info@healthebay.org
�►�-+}���� Santa Monica, CA 90401 fax 310 496 1902 www.healthebay.org
��'�� ��1�' ���
May 7, 2013
Mayor Jan Harnik and Councilmembers
City of Palm Desert
Civic Center Council Chamber
73510 Fred Waring Drive, Palm Desert, CA 92260
VIA EMAIL: citvhall(a�citvofnalmdesert.or�
RE: Support development of a valley-wide single-use carryout bag ordinance
Dear Mayor Harnik and Councilmembers:
On behalf of Heal the Bay and its members, we encourage you to show your ongoing
commitment to the environment by supporting the development of a comprehensive single-use
carryout bag ordinance that addresses both plastic (including compostable plastic) and paper
single-use bags in the Coachella Valley.
Californians use an estimated 12 billion single-use plastic bags every year.l Despite both
voluntary and statewide efforts to implement recycling programs, the statewide recycling rate for
plastic bags remains around five percent;Z the majority of single-use plastic bags — even if reused
once or twice by consumers — end up in our landfills or as part of the litter stream, polluting our
inland and coastal communities and wasting taxpayer dollars on cleanup costs.
This is an issue that extends beyond coastal communities. Designed only for single-use, plastic
bags have a high propensity to become litter and eventually marine debris by traveling through
storm drains and rivers. In fact, one characterization study of urban litter in storm drains and the
Los Angeles River estimated that plastic bag litter makes up as much as 25% of the litter stream.3
Once this plastic debris, including plastic bags, reaches aquatic environments, it may choke and
starve wildlife, distribute non-native and potentially harmful organisms, absorb toxic chemicals
and degrade to micro-plastics that may be subsequently ingested.4 In fact, a 2012 study by the
Convention on Biological Diversity found that 663 marine species have been impacted by
marine plastic litter through entanglement and ingestion.s Given the scope and nature of this
problem, any lasting solution must be addressed by both inland and coastal communities.
`"Shopping? Take Reusable Bags!" CalRecycle. 23 Nov. 2011. Web. 7 Jan. 2013.
<httn: //www. calrecvcle.ca. eov/nubliced/holidays/ReusableBa¢s. htm>.
Z County of Los Angeles. Dept. of Public Works. Los Angeles County Plastic Bag Study: StaffReport to the Los Angeles Counry
Board of Supervisors. Aug. 2007: 2. Print.
3 County of Los Angeles. Dept. of Public Works. Los Angeles County Plnstic Bag Study: Staff Report to the Los Angeles County
Board ofSupervisors. Aug. 2007: 24. Print.
4 Barnes D. K. A., Galgani F., Thompson R. C., Barlaz M. "Accumulation and fragmentation of plastic debris in global
environments." Phil. Trans. R. Soc. B 364 (2009): 1985-1998. Print.
5 http://www.cbd.inUdoclpublications/cbd-ts-67-en.pdf
' fiTi��" „ 1444 9th Street ph 310 451 1500 info@healthebay.org
Santa Monica, CA 90401 fax 310 496 1902 www.healthebay.org
4-���i t�l�' B�j'
Plastic bag litter blights inland urban areas, and is costly to clean-up. California spends
approximately $25 million annually to landfill plastic bag waste.6 A 2012 report by the U.S.
Environmental Protection Agency found California's coastal cities and counties spend about
$420 million each year to combat litter and curtail marine debris.� These cleanup costs do not
reflect the energy costs associated with producing single-use bags, or the negative socio-
economic and environmental costs associated with single-use bag litter. Ultimately, the costs to
cleanup plastic bag waste are borne by taxpayers, and during a time of tight budgets, this money
could be allocated to fund vital public services.
Seventy-four jurisdictions in California are covered by single-use bag ordinances, including
inland communities like Glendale, Pasadena, iJkiah and Watsonville. Many of these ordinances
have changed consumer behavior and have resulted in an increased use of reusable bags, a more
sustainable alternative to single-use bags. For example, Los Angeles County announced that its
ordinance which bans plastic carryout bags and charges for paper carryout bags, and became
fully effective in 2012, has resulted in a 94% reduction in overall sin�le-use ba� usage (both
nlastic and vaperl.8 Furthermore, single-use bag ordinances are effective in reducing plastic
pollution. Since January 2012, the City of San Jose has prohibited distribution of all single-use
bags except for recycled content paper bags, which consumers must purchase for 10 cents. The
City's 2012 litter surveys indicate that plastic bag litter has been reduced "approximately 89
percent in the storm drain system ... when compared to [pre-ordinance] data ...".9
A comprehensive bag ban that addresses both plastic and paper carryout bags will be a major
step in reducing the economic waste and environmental impacts that single-use bags create. We
urge you to support development of a comprehensive valley-wide single-use carryout bag
ordinance.
Thank you for your leadership on this critical environmental issue.
_ �-1�
Kirsten James, Science and Policy Director, Water Quality
6"Shopping? Take Reusable Bags!" CalRecycle. 23 Nov. 2011. Web. 7 Dec. 2012.
<httn://www.calrecvcle.ca. eov/nubliced/holidays/ReusableBaes.htm>.
� U.S. Environmental Protection Agency. Region 9. Sept. 2012. Web. 8 Apri12013. <httn://www.eoa.eov/reQion9/marine-
debri s/�df/ W estCoastCommsCo st-Mn eMarine Debris.ndfl.
$"About the Bag." Los Angeles County. Web. 7 Dec. 2012. httn://dnw.lacountv.¢ov/end/abouttheba¢/.
9 Kerrie Romanow, City of San Jose, memorandum to Transportation & Environment Com. re: Bring Your Own Bag Ordinance
lmplementation Results and Actions to Reduce EPS Foam Food Ware, 20 Nov. 2012. Web. 7 Jan. 2013.
<http://www3.sanjoseca.gov/clerk/CommitteeAgenda/TE/20121203/'TE20121203 d5.pdfl.
2
w
��
Jiine 3, 2013 � I� I
Honorable Steve Paugnet ,, „. , , , ,,,
Ailayor, Palin Springs Ciry Council
3200 East "I'ahquitz Canyon V4�ay
Palm Springs, CA 92262
RF: ruture Carryout Bag Policies
Dear Niayor Pougnet:
On behalf of the California Grocers Assoeiation (CGA), I applaud the city for considerin� such
an important issue rega�•ding can��out bags_ Ifyau do �nove forward, hoti�;e��er, I urge you to
consider �vhat has become the model ordinanee in California �vhieh bans plastic c�u�yout ba�s,
and mandates a ten cent char�e on paper bags. As you are aware, CGA has wor•ked with dozens
of jurisdictions throughouC Califc�rnia on a compromise solution that protects the en�ironment
and protects retailers — a ban on plastic, charge for paper madel. We also urge the entire
Coachella �'alley to work toaether in adoptin� an identiral policy as this helps our members
avc�id• a patchwork policy arnon� cities, which can be very damagin� to aur industry.
The Califoinia Grocers Associatian is a nor�-pro�.t, state�vide trade association representing tl.ic
retail food industry since 1895. CGA represents a�proximately 500 retail mernbe�• cornpanies,
many of �vhich do btisiness in Pa17n Springs_ Co2lecrively our members aperate more than 6,000
retail faod stores in CaJifornia. Those outlets represent the breadth of diversity of Catifomia's
�•etail food industry and include traditional supermarkets, camrenience stoz•es, ti�holesale
tnerchandisers, and independent supermarkets. CGA represea�ts many of the grocery compinies
operating in the City o�Pa1m Sprin�s. �
Dazens of jurisdicrions aeross Califarnia have regulated ar are in the process of regulatin�?
single-t�se carryozit bags. Those successfi�l effnrts aenerally im�olve a ban on single-use plastic
bags and a charge on specitied single-use paper ba�s. Tliis approach taken rn other jurisdictians
is one that has inelucied robust stalc.ehoEdcr partieipation and in the end embadies broad
consensus an the issue. it is irnp�rtant #o note that siich a model has become the standard in
California_ Follotiving tivhat has proven to be an effecti�•e and ��orkable approach elsew�here
helps inerease cansistency for businesses w-ith store (ocations in rnultiple jur�sdictions and for the
Palm Springs region's very mabile consumers.
Experience «�ith the Los Angeles County cat�ryou# bag ordinance, ichich bans single-use plastic
bags and altou•s recyclable pape�• bags for a cllarae, has shol�n a dramatic shi.ft in consuuier
behacior atiz ay fram sin�ie-use carryoz�t bags to�vard re��sable bag use. Ind�.xstry infoimation is
sho�4-ing an almost imrnediate flip in cons�zmer behavior �vith o�er 70°io of consi�rners either
bi�in4inQ their o«�n bag or choosin�z no bag at all in the first few �ceeks of implementat�on. Over a
Catifornia Grocers Association �7020 N. Lake Street ( Burbank, Crl 9YSQ2 � P: 818-841-II640 � F: 416-448-2793
,
���'
�itx` ai.�i:+w
� Ic�i�����
�e��f�i.���
period of a fetiv months the amount of consumers choosin� not to use a single-use bag has
climbed to over 80%. Stares that ha�� e seen this policy enacted for even longer periods of time
have seen close to 94% of customers bring in reusable ba�s. This type of regulation is
em�ironrnentally effecrive a.nd pratects retailers, by alla�ving them ta recoup thc costs of
protiriding a much more expensi� e bag to the customer.
Altotving a smatl charge far paper t�ags also proteets cons�uners by providins a lo�v-cost option
for t�nplann�d purchases. If a customer comes to a store brin�ing three reusable bags, bt�t buy�s
four bags of groceries, tlzey have an aption of purcl�asin= a paper bag for a ten cent char•�e, as
opposed to spending a S1.00 an another reusable bag. Grocery stores operate on less than I%
profit rnar�ins so every penny caunts.
Again, �ve applaud epuncil far considering this ve2y in�portant issue �nd w e ur�e you to consider
the ban on plastic, charge for paper model if you do move far�vard. We look forward to ��orkin�
with yau throughout this process.
Thank You,
��, P ��`�
�
Sarah Pat�Ison Sheehy
Director•, Locat Government Relatians
cc: Members, Palm Springs City Council
James Thompson, City Clerk
Catifornia Grocers Association �1020 N. f.ake Street ( Srtr6ank, CA 915b2 j P: 818-841-8640 j F: 916-445-2793
CITY OF PALM DESERT
CITIZENS' SUSTAINABILITY COMITTEEE
PRELIMINARY MINUTES
WEDNESDAY, AUGUST 28, 2013 — 2:00 P.M.
ADMININSTRATIVE CONFERENCE ROOM
73-510 FRED WARING DRIVE, PALMa��SERT, CA 92260
I. CALL TO ORDER
Chair Robert Leo called the meeting to
II. ROLL CALL
Present:
Member Eric Freed
Member Gregory Gritters
Member Dean Gatons
Member Bruce Kassler
Member David M �'�
Member Susa en
Member Lu � ylor
Vice Chair� e Langfo
Chair Robert � _ 3
2:00 p.m.
ember Tommy Edwards
ber David Koller
M�� r Ralph Raya
. : �: •��.� :
.'�\ auri Aylaian, `C� tor Q, mmunity Development
�' k Greenwoo a�� 'recto ° Public Works
�.o
IVI� � Alvarez, Dir�. r of Economic Development
Rut�` Moore, E ce� omic Development Manager
Tony B�� o, Pri I Planner
Deborah -` anagement Analyst
Monica O' ' �2ecording Secretary
III. ORAL COMMUNICATIONS
None
PRELIMINARY MINUTES
CITIZENS' SUSTAINABILITY COMMITTEE
IV. CONSENT CALENDAR
A. MINUTES of the Citizens' Sustainability Committee meeting of July 8, 2013.
Rec: Approve as presented.
Member Dean Gatons noted that the Palm Desert subcommittee and Palm
Springs did not meet with the Coachella Valley Associat' n of Governments. He
clarified that Palm Springs hosted a meeting, an �'ted all cities in the
Coachella Valley.
Upon a motion by Langford, second by Mc
Sustainability Committee, the Consent Calend
Members Edwards, Koller, and Raya ABSENT. .:
V. CONSENT ITEMS HELD OVER
None
VI. NEW BUSINESS
A. DISCUSSION ON AIR
Mr. Tony Ba�
Desert resid
resident sut
condensate��`
agenda pacN
and.c� . �
�:
ir Leo requ�
.:; �A�,
VII. TINUED B
�
, ._�
None�'�`��,�
�..;.
. �
VIII. OLD BUSI
_p�,
AUGUST 28, 2013
vote of the Citizens'
� as amended with
Planne � that �' � ceived an email from a Palm
sgardin��, onden� , n coming from the air conditioners. The
:d that ; e city I�, into a way of using air conditioner
gation��,� Bagato �s,,; ed that information was provided in the
re�ti, s� r,,:a,, mittee receive and file the information,
�., �
i roaram ire � ` ture.
this item to the next agenda.
B. UPDATE ON SINGLE-USE PLASTIC BAGS
1. Draft Letters and Ordinance
Member Eric Freed gave a brief background on single-use plastic bags. He
stated that the Palm Desert plastic bag subcommittee tact is to join forces
with the City of Palm Springs, and try to pass the ordinance valley-wide. The
2
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PRELIMINARY MINUTES
CITIZENS' SUSTAINABILITY COMMITTEE
AUGUST 28, 2013
subcommittee's approach is writing a letter to Mayor Harnik from the
subcommittee asking to support the ordinance to regulate single-use plastic
bags valley-wide. In addition, provide the Mayor with a draft letter that she
would send out to the other cities asking them to support the ordinance.
Mr. Bagato stated that staff was ready to take the draft ordinance and letters
to the City Council; however, staff thought that the Committee would want to
see the letters beforehand. If the Committee endor;, s the letters, staff will
write a staff report to the City Council to authoriz ` Mayor's signature to
send out the letter with the draft ordinance to Co� � r°� a Valley cities.
Member Bruce Kassler commented that he
few comments, which Member Freed
looks good. ,`�
Member Gatons moved, by Min�
ordinance to the City Council. Motion was sE
9-0 vote with Members Edwards, Koller, and
2. Proposed Citywide
Chair Leo stated that he fee
the ordinance ' ssed. H
review the p� rmat
Memb�
San Lui
He said
period allo�
small group
�eople funci
�= itiat� , ducation program before
_` itt' if they had a chance to
in thp ', enda packet.
ce Kassl� ommen� that he spent time in Los Angeles and
;spo co , rior to�� , after their ordinances went into effect.
3•
a lot of signage. There was signage in
a� e stores�` ith advance notifications, and reminders
e. F� id that once the ordinance was passed, there was a time
an age was increased even more. He said that from the
�" eop talked to there were no negative comments and
io well the change.
M�er Susa '� senberg suggested educating the store manager to train
their �le�cs tc���� people if they need a bag.
Member �`'�%ns commented that when the subcommittee met with Palm
Springs, they discussed that it is an ordinance versus a ban. He said when
the word "ban" is used; it has a negative connotation to it. He mentioned that
the City of Palm Springs is running a commercial on single-use plastic bags.
Chair Leo suggested that staff get a copy of the commercial so they can view
at the next meeting.
the letter and had a
� He said the letter
n, to,, resent the letters and
by ber Freed an�A arried by a
Program �.;;_
3
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PRELIMINARY MINUTES
CITIZENS' SUSTAINABILITY COMMITTEE
n the
Mr. Bagato reported that funds for the reusable bag purchase program would
come from the recycle program account. He briefly went over the program.
Martin Alvarez, Director of Economic Development, commented that in the
past the city has used the BrightSide to reach out to the community, which all
residents and business owners receive in the mail. He also mentioned that
there is a cable channel that airs City Council meetings that can be used, if
funds are available. ,
..�>.
Member Kassler asked how many newsletters ar�
Mr. Alvarez responded that the n�
to every physical address in Palm
Member Kassler inquired if the Citi
opportunity to submit information i�
mail the letter to other cities askina
Mr. Alvarez replied that
to the City Manager.
Member Kassler asked if th�
Ms. Ruth A °� Econ
city has r,� ed res , se�
Progra �," � s publish p ,
Member r ;
�t�� ome �
,.: , � �
;.�.` .,° � �,�tl,
���� Ms. Moor� � th
�� electronic nev�t . t
A��:�;:u; :a'�
Baqato ask�
Committee
ity
AUGUST 28, 2013
out and how often.
ut every other month
� ustainability Comr
BrightSi once the
�eir su �a� .
will have an
� decides to
staff could propose a request
the BrightSide.
i� '�� anager, responded that the
articles, such as when the Energy
asked residents for comments, and if
for them to respond.
city does have a Facebook page, and there is also an
ber Kassler if he was referring to a survey format.
°�:, :
Merrt��3 Kas�t, �� responded that it is an idea to receive feedback on how
residerrt�P, �, � out single-use plastic bags.
Member Freed commented that they should only ask for feedback if they are
going to do something with it. Otherwise, the city would be asking for trouble.
Member Kassler clarified sending something out after the Mayor agrees on
signing the letter.
4
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CITIZENS' SUSTAINABILITY COMMITTEE
AUGUST 28, 2013
Vice Chair Cleve Langford asked why Palm Desert would not want to
standout in a positive way.
Ms. Aylaian responded that Palm Desert is walking the line or doing a
balancing act between environmental and sustainability issues that have been
a concern for a long time. She said that there is a spoken and unspoken
concern from many business merchants that if Palm Desert alone prohibits
the use or dispensing of single-use plastic bags, peo e will go to neighboring
cities. She stated that elected officials are tryin� �` e responsive to both
groups, and the way to that is to have the ban va ide.
Member Freed commented that when it c.�i � ti ,� nd the city wants to
make stickers or magnets, he can assist, ", e artw ",
Member Rosenberg moved, by I�tt:$ � Motion, to appr� the proposed
citywide education program regarding singl� x plastic b s. Motion conded by
Member Kassler and carried by a 9-0 vote���� Mem� , dwards, Kol �, and Raya
ABSENT. .., �~.:.:
�,
IX. REPORTS AND RE
A. Economic Development Di
1. Desert
M r. A
prese
repre;
iVlember
asked why P�
` . Alvarez
thr�i, the Set
ate
a br� pdate a,A e Desert Cities Energy Partnership, and
verE� � r resent� . He introduced Mr. Jacob Alvarez,
�� g ,� � y Association of Governments (CVAG)
sert Citie � gy Partnership.
�f�`;, at 1/9 of $4.9 million is approximately $550,000. He
)ese ,a„�ly received $160,000.
ponded that Palm Desert received several million dollars
�ave program.
Mr. J. �� dded that some of the work involved has been completed by
the first port n of the project.
Mr. M. Alvarez continued with the PowerPoint presentation.
Member Freed asked what the incentive for someone to do a Voluntary Code
is.
r
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CITIZENS' SUSTAINABILITY COMMITTEE
AUGUST 28, 2013
Mr. M. Alvarez replied that there are no monetary incentives. He noted that it
does incorporate some elements of LEED, Green Building, and other
sustainability components.
Mr. J. Alvarez said that for a program they could point to the rebates offered
from Southern California Edison, Imperial Irrigation District, or Coachella
Valley Water District. Additionally, educate the local contractors and
developers. He said that essentially they would ha e to produce net zero
homes by 2020, and net zero for commercial by 20 ;�
Member Freed inquired if there is anythi
encourage or provide an incentive for the �,
permit.
Mr. M. Alvarez responded that th „�" ve
however, they have not come to a�,, : ensus.
Member Freed mentioned that in S� r�
program for anyone that�p , reed to do L„
having 60 building projec� o the fron ,
city, and there should be na� r= rovidinc
had discuss
that issue;
�
o they did a priority permit
gold. However, they ended up
said Palm Desert is a smaller
xpedited permit program.
Mr. Bagato ask - ember F��f w�' �y ' er�tl an expedited timeframe.
He said that ' sert pe� � surpr ` ow fast the city does things
on a regu ,: sis. ted th�;�: a plan for a new home is submitted, there
is a thre ;.. ek turnar ", d. ����
:� ...
"d'A'
Member Fr� . re e� nition program. He stated that at t is
ti„ °� oes'rt;,,,�;, k anyon��� �, want to do the Voluntary Code.
��
Chair Leo ` e
meeting on ai'� M
Alvarez
Memk��
energy
staff report back to the Committee for the next
with his presentation.
if Palm Desert is benchmarking municipal buildings for
Mr. M. Alvarez replied that they currently do not have benchmarking or energy
tracking for municipal buildings; however, they are looking at utility managing
programs for tracking utility usage.
Member Freed asked how many city-owned buildings there are.
Mr. M. Alvarez responded approximately 10 buildings.
iittee could do to
, i.e. an expedited
6
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PRELIMINARY MINUTES
CITIZENS' SUSTAINABILITY COMMITTEE
AUGUST 28, 2013
Member Freed asked if the city could get energy stats for free. He said they
have to grant Southern California Edison permission to release the
information. If they start today, they will have a year's worth of information by
next August.
Mr. J. Alvarez responded that the utility manager program that Mr. M. Alvarez
mentioned in his presentation would provide information.
Mr. M. Alvarez handed out information on Palm [� �° rt's Greenhouse Gas
Inventory study done in 2008. He briefly went ove�f�i� study.
Ms. Kim Housken, Palm Desert resident, ` n at the City Council is
considering drive-through restaurants cit 'd , and as how it would affect
greenhouse gases. �
Mr. M. Alvarez responded that he�
idling vehicles. He mentioned th�
discussion on drive-through restau
Committee take a look at thi� item.
Ms. Aylaian said drive-thr
Sustainability Committee
sa
�� .
��.� x
not kno what the im ould be of
City ° cil has votec� postpone
c� ave the Envision Palm Desert
nts wo a e of interest to the Citizens'
�`�one ' are of any research or
��h�, ,' �' s on sustainability issues,
an analysis of drive-throughs is very
�i be very complex for it to be accurate.
that the Palm Desert Greenhouse Gas
He asked if the black line showing the
experience, the projection is based on
nsportation issue, he said that the higher
(CAFE) standards are going online;
nd it will take approximately 21 years to
is would not be felt for a while. As far as
ted that it is based on Southern California
Edison's Renewable Portfolio Standard (RPS).
Member Gritters asked how Palm Desert is going to get to the dashed blue
line (Target Reduction) as indicated in the study.
7
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PRELIMINARY MINUTES
CITIZENS' SUSTAINABILITY COMMITTEE
AUGUST 28, 2013
Mr. M. Alvarez mentioned that there has been quite of bit of movement on the
electricity side. Since 2007, the city implemented the Set to Save program and
offered solar panel loans.
B. Strategic Plan: Energy and Sustainability Focus Group
No report.
Committee Members Comments
Member Luke Taylor commented that is
conditioner condensate at the next meeting..
Ms. Aylaian said that staff may cont
concept for the air condition conden
Member Kassler commented that
bags is moving forward with the IE
Member Gatons than
Member Freed asked for an
eting schedule.
plastic
ale's � cement will start Monday,
person they hired has been a planner for
. His name is Eric Ceja. She noted that
� ground in sustainability so Mr. Bagato
ustainability Committee.
Committee for moving the single-use plastic bag issue
that t�te Planning Commission recommended approval of
g standards, and will go to the City Council at the end of
:ntioned there will be an Energy Summit on October 3-4,
ias. He will email the information to the Committee.
X. ADJOURNM
Upon a motion by Member Gatons, second by Member Taylor, and a 9-0 vote
of the Citizens' Sustainability Committee, Chair Leo adjourned the meeting at 2:59
p.m. with Edwards, Koller, and Raya ABESENT.
Monica O'Reilly, Recording Secretary
discuss air
ce to discuss a
8
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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011
action by moving forward with a ban; 19) plastic bags cost approximately
$0.06 each; 20) paper bags cost approximately $.015 each, with retailers
allowed to keep the charge tax free; 21) the goal is to promote Reusable
Bags; 22) a number of retailers already operate without the use of plastic
bags, i.e., Costco, Sam's Club, Starbucks, and Trader Joe's; 23) the City of
Palm Desert with 52,067 residents uses on average 26,033,500 bags, which
amounts to 390,503 pounds of plastic bag debris; 24) if plastic bags were
banned in Palm Desert, it would save 8,695,189 barrels of oil a year. 25)
plastic bags do not biodegrade. She concluded her presentation, stating staff
recommended the City Council atlow staff to further study a potential ban with
the community with specific retailers, the Chamber of Commerce, and the
California Grocer's Association who helped with the Santa Monica Ordinance
and offered to assist City staff. Staff also recommended taking this to the
Youth Committee for their consideration and returned to the Sustainability
Committee to prepare a draft ordinance based on Council direction.
Additionally, work on a collaborative marketing campaign in moving forward
with a potential ban on plastic bags. (The PowerPoint presentation is on file
and of record in the Office of the City Clerk, and it is available for viewing.)
MR. DEAN GATONS, Sommerset Drive, Palm Desert, thanked staff for a
beautiful presentation, but it stole his thunder, because he was under the
impression the Council was voting on this issue this evening per the
newspaper. He was pleased to see such thought and foreknowledge had
been put into this issue, because it was critical for the environment. He said
he was passionate about recycling and most importantly plastic bags. The
opinion editorial in the newspaper asked that people look for sensible ways
to limit plastic bag use, which he highly agreed. He said when this issue was
taken to the State comments and statements were made that being
concerned about the use of plastic bags seemed trivial when so many things
are happening, but as noted this evening, the environment is extremely
important. The Desert Sun also covered a statement by Councilman
Kroonen that he didn't want anyone to be hurt, which he agreed, given the
fact that this issue is so divided. However, as plastic bags litter the
environment, people are being hurt all around. He also enjoyed
Councilmember Harnik's comment that she'd rather have incentives for
people to reduce the amount of plastic bags rather than approve an overall
ban, which he agreed. He noted that reusable bags are not washable,
because they will degrade quickly. Lastly, another comment made in the
newspaper about using a single-use plastic bag regarding its thickness and
biodegradability, which he hoped the Council will consider versus an overall
ban. He is a strong advocate of recycling, stating he put out more recycling
each week on his curb than he did in the trash. During graduate school he
implemented a hospital-wide recycling program at a hospital in Los Angeles
County that is still being used to this date. He is willing to sit on any type of
City committee when considering the plastic bag issue and discussing the
ones currently being used in the Council Chamber and the trash containers
24
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011
J. REQUEST FOR CITY COUNCIL DIRECTION, REGARDING A SINGLE-USE
PLASTIC BAG ORDINANCE.
Assistant Planner Missy Wightman stated there was a misconception based
on phone calls and letters received that Council was approving an ordinance
with specific rules, and the question was asked whether this was the first or
second reading, and it is neither. She said staff was asked to address the
environmental concerns regarding plastic bags and make a presentation to
the Council, and staff is asking for direction on how to proceed. She went on
to make a 15 minute PowerPoint presentation, which covered the impact of
plastic bag use on a global, regional, and local level. Some of the facts
presented were as follows: 1) Plastic bags were designed to be thrown away
and were first introduced in the early 1970's, and by the mid 80's, they
became the common way to carry daily groceries; 2) approximately 19 billion
bags or 142,500 tons of plastic bags are used in California alone; 3) the
Ocean Conservancy conducts a one-day clean up every year and documents
everything found. In 2009, plastic bags were the No. 2 item with 819,074
pounds of plastic bag debris collected, and in 2010, it was the No. 3 item with
869,857 pounds collected; 4) plastic bag debris is affecting marine birds,
animats, and wildlife; 5) many beaches in Hawaii are covered with plastic
litter; 6) in July 1, 2007, Assembly Bill 2449 was introduced where large
grocery stores and pharmacies had to distribute reusable bags or make them
available for sale; stores are also required to collect plastic bags; 7) recycling
facilities do not like to accept recycling bags because they are burdensome,
clog their machines, and have a tow resale rate; 8) many cities have already
adopted local ordinances in California, one County is Los Angeles County;
9) third world countries have realized the effects of plastic bags in the
environment and have implemented bans; 10) in 2009, the City of Palm
Desert implemented the Bag in Bag Program where residential customers
can stuff as many plastic bags into one and throw it into the recycling
container. Prior to this program, plastic bags were not accepted as a
recyclable item that could be thrown into the recycle bin; 11) City
Maintenance staff has indicated that plastic bags are a common form of
debris in storm drains and storm drain inlets; 12) City landscape staff
indicated plastic bag debris is a particular problem around big box stores
where they are cleaning the public rights-of-way and medians, which is a cost
to the City; 13) the cost to research a ban on plastic bags would involve
CEQA, which would require to form an initial study that can range between
$5,000 to $10,000; 14) Marketing and Education campaign, which last six
months to a year can cost between $10,000-$15,000; 15) the cost for a
reusable bag distribution can cost $10,000-$20,000; 16) the Analysis
indicates environmental effects, economic impact, and consideration for use
of paper versus compostable; 17) source reduction appears to be the
answer; 18) the Citizens' Sustainability Committee recommended taking
23
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011
enforcement should be more focused on than worrying about someone
breaking a plastic bag ban. She concurred this was something that needed
to be looked at thoughtfully along with the business community, because of
the impact it will have on a great many people. She didn't know if staff had
researched ordinances from other cities, their success rate, and cooperation
level. She knew Trader Joe's and other businesses were on board, but at
this time when the Council is looking to help businesses, whether it was with
signage or facade enhancement, placing another burden on them at this time
would be unwise. She complimented Ms. Wightman on .her excelfent
research and presentation, stating her research indicated11 % of the marine
debris collected came from plastic bags and 21 % from cigarettes, noting she
had a bias of banning cigarettes as well.
Councilmember Benson stated there was a lot to be considered and certainly
based on letters received from the public, there were not many in favor. She
noted there was no mention of handicap people that use plastic bags
because they can hook them over their arm and are not able to carry a paper
bag at groceries. She could see the Council doing something to encourage
careful use of plastic bags so they're not out blowing in the wind, which is
what prompted Mayor Pro Tem Kroonen's concern. However, there is a lot
of other debris that blows around the desert and the Council couldn't ban
tumbleweeds and other things that are obnoxious.
Mayor Pro Tem Kroonen concurred with his colleagues comments. And in
reemphasizing Councilmember Harnik's point, he said people should not
assume that because a topic is brought up for discussion that the Council is
determined to see it passed. He initially brought this issue up was as a result
for concern over the debris off Monterey Avenue. He didn't want to have a
situation where the cure was worse than the disease, because there are so
many factors to review with this issue. He expressed his appreciation for the
quality report and information provided by Ms. Wightman, stating he learned
there are so many factors to look at, and by him bring this issue up, he
received a lot more input than anticipated. He said some people reacted with
anger, which was okay, because it's an emotional topic, but perhaps it's a
topic that can't be addressed by just Palm Desert alone. The point was
made that on one side of Monterey you can have one set of rules and
another set on the other side of the street. He questioned if the City can
unilaterally do anything or was this a regional activity. He admitted this was
a much more complex issue than he anticipated, but felt the Council needed
to move forward with further explanation. He believed the Council should
give voice to whomever wished to speak on the topic and let it be known
throughout the community. He shared the enthusiasm for bringing other
people within the City's committees and commissions into the discussion and
inviting the general public to get more involved, particularly from the business
community. He hoped Palm Desert can do its share down the pike to help
protect the environment, but that it be done in a way that is fundamentally
26
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011
out front. He said the Los Angeles County Ordinance is extremely confusing
to follow, because if you're in a City that can have a plastic bag, that would
be one thing, but if one resides near an unincorporated County, one cannot
have a plastic bag at the grocery store. For example, if one is driving up
Monterey Avenue and goes to Bristol Farms, you would not get a plastic bag,
because it is Palm Dese�t, but at Albertson's across the street you can get
a plastic bag, because it's in Rancho Mirage; a similar situation on
Washington Street with Ralph's in La Quinta and Albertson's in Palm Desert.
He highly requested and suggested the Council look at the types of bags
used and a program to recycle, which he would be happy to be a part.
Mayor Spiegel invited Mr. Gatons to see the City Clerk to obtain a
Committee/Commission app(ication.
Councilmember Harnik thanked Mayor Pro Tem Kroonen for bringing this
issue up, because it's a discussion worth having, but believed 360 degrees
of the proposal needed to be looked at. She said the Council received a lot
of calls regarding this issue, because many thought the Council would be
voting on this item tonight. She said many of the comments were
constructive and well thought out, but others were uncivil in its approach,
which was a problem. She believed discussions on any issue must be done
with civility and with open minds in order to reach a good conclusion/solution.
She said some people think it's plastic versus paper, but in her own research,
she learned that paper had a larger negative impact to the environment from
its production to its recycling than plastic. However, in the meantime, she
wants her newspaper dry when it's delivered in the morning, and what about
those people who have garment bags. She said the City needed to find a
way to create an incentive for its population. Additionally, she agreed this
issue needed to be a regional effort of the entire area to avoid having a line
on a map where there is a separate rule on each side. Yet, the last thing the
Council wanted to do was hurt the retailers and business partners in the
community. She would like to have a committee with representatives from
neighboring cities involved, including the Palm Desert Youth Committee. She
believed this issue was worth looking into to find a real solution where it's in
everybody's best interest, but it was not the time to take a drastic measure.
She said it was Thomas Edison who was quoted as saying, "Waste is worse
than want." She reiterated this issue needed to be reviewed long and hard
through a committee by engaging the business community, which was
absotutely imperative in order to reach a good conclusion and solution.
Councilmember Finerty stated she is also concerned about the impact on
businesses, particularly cleaners, because they wrapped the dry cleaning in
plastic bags. She was unsure about an article in The Desert Sun about being
a misdemeanor for breaking the plastic bag ban, which she thought was
jumping the gun. Another story in The Desert Sun about Riverside County
accepting 735 parolees from State prisons, which she believed law
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 2011
sound and be able to get the results of improving the environment without
detracting or abusing the rights and responsibilities of others involved in the
discussion. He thanked everyone for the good work and to continue the
discussion, and at some point, the City will come to a solution that the
Council and community at large will feel satisfied.
Mayor Spiegel stated he will ask the head of the Chamber of Commerce to
put together a group on the use of plastic bags and how it will affect them.
Councilmember Finerty said everyone talked about looking at this regionally
and wondered if it would be beneficial or appropriate to bring this issue up at
a Coachella Valfey Association of Governments (CVAG) Technical Advisory
Committee (TAC) Meeting to see what interest there might be Vafley wide,
because it wi11 affect afl businesses. She said Palm Desert prides itself on
being a leader, but believed this was something that required input from
many different groups. She said if TAC wasn't the right place, perhaps at a
CVAG Energy and Environment meeting:
Mr. Wohlmuth agreed to contact Director of Environmental Resources Katie
Barrows with CVAG to agendize this for an Energy and Environmental
Committee meeting, which he will reinforce at the TAC meeting.
Mayor Spiegel and Councilmember Finerty suggested having Missy
Wightman provide the presentation.
Mayor Pro Tem Kroonen moved to, by Minute Motion, continue to a date uncertain
in order to further study the issue. Motion was seconded by Finerty.
Councilmember Harnik stated she would be happy to serve on any
committee that came about on this matter.
Mayor Spiegel ca{led for the vote, and the motion carried by a 5-0 vote.
XV. CONTINUED BUSINESS
None
27
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CITY OF PALM D
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DEPARTMENT OF COMMUNITY
STAFF REPORT
REQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
Consideration
CITY COUNCIL DIRECTION
PLASTIC BAG ORDINANCE
REGARDING A SINGLE-USE
Missy Wightman
Assistant Planner
December 8, 2011
City of Santa Monica "Ban at a Glance"
Citizens' Sustainability Committee Minutes
By minute motion, that the Ciry Council provide direction to staff regarding
an ordinance regulating single-use plastic bags.
Executive Summary
On September 8, 2011, the City Council directed staff to research the environmental
effects of single-use plastic bags and how the control of these bags may affect the
environment. Additionally, staff was tasked to research incentives and other programs
used to promote re-usable bags.
Citizens' Sustainabilitv Committee Recommendation
At the October meeting of the Sustainability Committee, staff provided educational
research, discussed the impacts, and solicited committee member opinions on how to
move forward. Seven of the eight committee members stated that this was an important
topic that needed to be addressed now and recommended that the City Councii move
forward with a ban on plastic bags. Member Langford stated he may be "on board", but
that he needed to do some more research on the issue.
Backqround
This discussion is intended to advise the reader of the impact of plastic bag use on
three levels: Iq obal, reaional, and local.
Global: Plastic bags were designed to be thrown away. They were first introduced in
the early 1970's and by the mid-80's they became the common way to carry daily
groceries. On average, each person uses a single-use plastic bag for approximately 12
Staff Report
Single-Use Plastic Bag Ban
Page 2 of 6
December 8, 2011
minutes and uses approximately 500 plastic bags per year. Although the popular
perception is that plastic and paper bags are free when given away by retailers, they do
carry a cost, which is passed on to consumers in the form of higher prices and to
taxpayers in the form of costs for environmental cleanup. Currently, 5% of those bags
are being recycled. These plastic bags are recyclable, but they are not being recycled.
So the answer is apparent: source reduction. Source reduction reduces the use of a
material source before it becomes municipal solid waste. The idea is if you use less,
you pollute less.
Approximately 19 billion bags (or approximately 142,500 tons of single-use plastic bags)
are released into the environment each year by Californians alone. Environmental
impacts are such that plastic bags, depending on whether they end up in a sealed
landfill or the environment, take anywhere from 10 to 1,000 years to degrade. The time
frame is really unknown as they may end up in a variery of environments. Plastic bags
do not biodegrade, they photodegrade. This means the plastic material breaks into
smaller fragments of plastic by exposure to sunlight where they can continue to
contaminate soil, waterways, and animals upon digestion. Theoretically, every piece of
plastic produced is still "out there". These small pieces of plastic act almost like a
magnetic chemical sponge, accumulating damaging pollutants, and being eaten by
animals and continuing to travel up the food chain to our plates.
The Ocean Conservancy conducts an event each year called `Trash Free Seas'.
Volunteers from around the world conduct a one-day clean-up, documenting everything
they find. Plastic bags have accounted for 10-11 % of collected debris in the last two
years. In 2009, in one day, volunteers collected 819,074 pounds of plastic bag debris. In
2010, in one day, volunteers collected 869,857 pounds of plastic bag debris. This is one
day, each year, in only the locations where volunteers participated in the clean-up. This
demonstrates that even though plastic bags are recyclable, they aren't being recycled.
In 2009, during the clean-up day, volunteers found and documented 336 marine birds
and animals entangled in debris. One hundred twenty birds were alive and re{eased,
while the other 216 were found dead. Wildlife does not just become entangled in debris,
but often injests the debris found floating in their ocean home. Many varying debris
items account for these injuries and deaths that are hard to number, but are
approximated at over 100,000 per year. Plastic bags are a real concern as identified by
the Ocean Conservancy.
Re4ional: On July 1, 20Q7, the new law AB 2449 required large grocery stores and
pharmacies to take back plastic bags for recycling and to encourage reuse. These
stores were additionally required to make reusable bags available to consumers for
purchase. Despite the choices of bags, over four years later, this law has had little
impact on recycling of plastic bags or the use of reusable bags. Grocery stores are
mandated to collect and recycle these bags, but the reality is that many recycling
facilities don't accept plastic bags for recycling. Recycling facilities do not want them as
they continually clog recycling sorting machines, the resale rate is low, and large
numbers of these bags have to be collected before they amount to any dollar value.
G:�Planning\Missy WlghtmanlSusiainaWlity Plan\Plasric 8ags Ban\Coundl StaH Report doac
Staff Report
Single-Use Plastic Bag Ban
Page 3 of 6
December 8, 2011
Palm Desert is not immediateiy adjacent to the ocean, but the lightweight nature of
plastic bags ailows them to travei great distances in the wind. Paim Desert trash is
taken to Lamb's Canyon Sanitary Landfili in Beaumont, and recyciing is taken to
Burrtec's Escondido facifity, where bags have the opportunity to be picked up by the
wind and impact environments other than the local Coacheila Valley.
Many Ca{ifornia cities are moving forward now with their own legislation in light of a
recent Califomia Supreme Court case won by the City of Manhattan. Save the P{astic
Bag Coalitior�, a pro-plastic bag group, sued the city far not performing an
Environmenta! Impact Report before enacting a ban on single-use plastic bags. The
court determined that a full Environmental Impact Report was not necessary and a
mitigated negative declaration was sufficient to comply with the requirements of the
Califarnia Environmental Quality Act. The California Supreme Court ruled that common
sense and substantial evidence support the city's determination that their ordinance
would not have a significant adverse environmental effect.
The following California cities and towns have already implemented local ordinances
banning plastic bags: San Francisco, Malibu, Fairfax, Manhattan Beach, Palo Alto,
Santa Monica, Calabasas, Long Beach, Los Angeles, Oakland, and San Jose. The
California counties that have implemented ordinances are Los Angeles, Marin County,
Santa Cruz, and Santa Clara. Los Angeles county interviews have suggested that
officials hope that the state takes note of such a large local action should plastic bag
legislation come before the state again for a vote.
Richard Crockett, General Manager of the West Valley Materiaf Recovery Facility for
Burrtec in Fontana, states that they do not advertise that plastic bags are recyclable.
(Mike Veto, Burrtec's Director of Municipal Services, stated that Palm Desert's refuse is
sent to the landfill and recycling ta the facfliry in Escandido, where plastic bags are
treated the same as in Fontana.) According to Mr. Crockett, recycling the bags is
difficult for Burrtec due to the following reasons:
• Plastic bags are difficult to recover and to manage once recovered. They take up
a tremendous amount space, which results in little material weight recovered.
• The bags get stuck in the equipment, resulting in damage to the equipment and
the need for excessive cleaning.
• The bags make recovery of the other recyclables more difficult; they are harder
to see because of the film, and the bags contaminate the fiber grades.
• The quality of the film plastic recovered is very poor due to its high contamination
and the low quality film used to make the bags.
G:1Planning\Missy WlgbtmanlSustainabiliry PIanlPlasSc Bags BanlCounpl Siaft Report.doa
Staff Report
Single-Use Plastic Bag Ban
Page 4 of 6
December 8, 2011
• The amount of film piastic in the recyciing stream is pretty high, even though film
bags are not identified as acceptable in our recycling programs.
When asked about plastic bag recycling, Mr. Crockett s�ggests that people recycle their
plastic bags at the grocery store.
"The customers served by West Valley MRF have agreed not to add them to the
list of acceptable recycling items because of the concern with the volume that is
out there. We get so many now and do our best to recover (them). If we added
them to the list it would be overwhelming. Every bag we recover is by hand --
there is not mechanical separation available -- and i fear the effort that would be
required to recover all of them would be extremely burdensome.
I am not sure where the grocery stores send their bags but I would guess to the
same film buyers we do business with. Another benefit to taking them back to
the store (and not putting in the recycling materials going to the MRF) is that the
bags are c(eaner and should have a higher value. in the recycling stream they
become extremely dirty during collection and processing."
Local: In 2009, the City of Palm Desert started recycling plastic bags by implementing
the `bag-in-a-bag' program where a homeowner can stuff as many plastic grocery bags
as they can into one bag and throw it into their curbside recycling container. However,
individual plastic bags are less likely to be recycled due to their light weight nature
which allows them to fly away from garbage bins, garbage trucks, landfills, big-box
stores, anywhere.
In preparation of this report, staff turned to local individuals and organizations who could
speak to the impact of single-use plastic bags on the local desert environment.
Dr. Allan Muth with the Boyd Deep Canyon Desert Research Center, remotely located
south of Palm Desert in the Santa Rosa Mountain range, states that these bags blow in
every year off of Highway 74 and Vista Point. They do have an impact on the
environment; desert tortoises have eaten them to their detriment, and they have been
found in coyote scat. Dr. Muth also discussed the fact that plastic uses a tremendous
amount of oil and only breaks up into smaller and smaller pieces, but never degrades,
so theoretically every piece of plastic ever created is stil! in the er�vironment.
Danny Ortiz, Natural Resource Specialist with the Forest Service, who works along with
the Friends of the Desert Mountains, reports that just the other day they picked up
around four to six plastic bags on a trail clean-up in less than a one mile stretch. These
bags are litter that they regularly see and clean-up. She reports that she hasn't been
able to study the effects on animals, but they definitely do not want to see them here as
they are a concern to bighorn sheep and desert tortoises.
G.�Plannirrg\A,Hssy WightmaMSustainaGliry Plan\P�asGe 8aqs 8artlCountlt StaM Report.dopc
Staff Report
Single-Use Plastic Bag Ban
Page 5 of 6
December 8, 2011
Carios Hernandez, Ciry of Paim Desert Maintenance Services Manager, reports that
plastic bags are a common form of litter collected by maintenance staff in certain parts
of Palm Desert. Also, they are a common form of debris in storm drains and storm drain
inlets. Last summer, the City contracted out the work to remove and clean these
facilities to ensure their successful operation. Plastic bags were a part of the debris
removed.
City landscape staff has stated that these bags are particularly a problem around and
near big-box stores where the bags are distributed in large numbers. Although they
don't consider this a large maintenance problem, they do have to consistently clean
them out of public rights-of-way and medians as the wind blows the bags into the air
and they get caught in plants and trees. They reason that, since the City of Palm Desert
has a large number of visiting seasonal residents and tourists, it's important to keep the
city looking clean to secure the return visits.
Analvsls
Single-use plastic bags have an adverse impact on animal life and the aesthetic quality
of the desert. Studies on the environmental effects of marine debris reveal ingestion,
entanglement, ecosystem alteration, and invasive species movement. Economic
impacts stemming from the bags adversely affect tourism, fishing navigation, and
human health and safety.
Switching to paper bags or compostable plastic bags is not a"cure all," since these
bags also have shortcomings. Both types of bags usually enter the waste stream, and
frequently end up in a landfill where they still take time to decompose. A lasting solution
requires source reduction, such that fewer bags of all types are distributed.
Staff studied several city ordinances enacted in California, and reviewed Santa
Monica's ordinance in particular with the Citizens' Sustainability Committee. The Santa
Monica "ban at a glance" is attached to this report. This program eliminates single-use
plastic bag distribution from most retail outlets, and imposes a nominal charge (10¢) on
paper bags. The money collected is retained tax free by the merchant to offset any
additional costs they incur. There are exceptions to the Santa Monica plastic bag ban,
including those bags used for produce at a grocery store and for carry-out food from
restaurants. The city also provided a six month outreach and education period prior to
implementation. During this time they actively distributed reusable bags at no cost
through a variety of outlets.
The Citizens' Sustainability Committee recommended taking Santa Monica's approach
a step further, ask'rng staff to research elimination of the plastic bags used for produce
and take-out food at restaurants. If directed to move forward, staff will continue research
of the regulations in other communities and will bring a draft ordinance to the Citizens'
Sustainability Committee for further review, working along with representatives of the
Chamber of Commerce to promote a positive change. Once complete, staff would
G:\Planrung\Atissy WightmanlSustainabiliry PIan�Plastic Bags BanlCoundl StaH Report.docY
Staff Report
Single-Use Plastic Bag Ban
Page 6 of 6
Decernber 8, 2011
return the propased ordinance ta the City Councii for consideration.
Fisca! Analvsis
Preparation of an environmental document and a public education campaign would be
needed to move forward with an ordinance banning singie-use plastic bags. A
conceptual budget for the various elements of implementing the ban is as foilows:
Implementation and Education Measures I Cost
Preparation of Environmental Documents (CEQA) � $5 —10,000
� Newspaper, Television Ads, Public Service Announcements, Etc. I$10 — 15,000
� Distribution of Re-usable Ba�s �$10 — 20,000
� Total I $25 — 45,000
Money for this use is not included in the budget for the current fiscal year, but a portion
of the cost could come from AB 939 funds (the city's recycling funds) to purchase
recycled content re-usable bags for public distribution.
Recommendation
Staff requests that the City Council direct staff to prepare a draft ordinance and CEQA
document based upon the general Santa Monica model: a ban of most single-use
plastic bags; a charge for paper bags; retention by the merchant of the charge for paper
bags; and a dedicated outreach and education program before implementation.
With such direction, staff will work with the Sustainability Committee and
representatives of the Chamber of Commerce to bring an ordinance and detailed fiscal
analysis forward for consideration.
Su6mitted by:
Missy Wightman
Assistant Planner
Department Head:
�'` /�'" / G��
% G',�
Cauri Aylaian
Director of Community Development
i M. Wohlmuth
Manager
G:�Planning\Missy Wightman\Sustainability PlanWtastic Bags Ban\Cound� SIaM Report.docx
11 � i � ► � r � 11 11 � � • • - • 1
IV. ORAL COMMUNICATION
��C�7�L�1
V. NEW BUSiNESS
A. Plastic Bag ban dlscussion.
Ms. Wightman introduced information proposing an ordinance that
would ban plastic bags in the Ciiy of Palm Desert. Ms. Wightman
referenced a handout that the City of Santa� Monica p'repared for their
ban on plastic bags. It showed the tiers/levels o� impiementation of the
ban and its impact on various sizes of businesses�. The City of Santa
Monica banned plastic bags from all grocery/retail stores and
pharmacies and levied a 10 cent charge for paper bags. The 10 cents
is charged to the customer if they don't have a bag for their goods and
goes directly back to the stores as an incentive to promote reusable
bags to their patrons.
Ms. Wightman stated that� the produce bags that hold fruit or
vegetables would be exem�� frot�! this ban. However, the ban may or
may not include take-out bags� bu�;"thaf would have to be discussed
since using biodegradable bags for CaEte=out might not work if there are
liquids in the take-out, artd they spill. Ms. Wightman asked for
comments. �
A genera! comment was made about take-out containers and having
them switched to biodegradable. Ms. Riddle and Ms. Ream pointed out
that biodegradable containers sometimes disentigrate when in contact
with liquids, so that idea might not be prudent. Ms. Ream pointed out
that the Coachella Valley doesn't have a dirty MRF facility to handle
the Styrofaam or the biodegradable products that would enter the
recycle loads.
Mr. Kassler began by asking what kind of time frame the City of Santa
Monica gave the retailers to comply with this ban. Ms. Wightman
stated that the standard time frame is from six months to one year ta
come into compliance. She also mentioned that the State of California
req�ires CEQA review to study the environmenta! impacts of such a
decision. Based on previous legislation, the City of Palm Desert [most
likely] would have to prepare a Negative Declaration before
implementing such a ban. !t takes about eight months to prepare and
would be presented to the Ciry Council before the ban were
implemented. Ms. Wightman wanted to reiterate that the idea isn't to
2
11 � i \ ' � 11 11 � • • � - 1
ban plastic bags and have people use paper; the idea is to have
people switch to reusable bags exclusively and if they forget, then a
paper bag would be an alternative choice at a cost.
Mr. Raya asked what the variaus businesses in each of the tiers
thought of the ban. Ms. Aylaian stated tha# she recently attended a
workshop where Santa Monica gave a presentation on this topic. The
City conducted a study showing that implementation of the ban would
cost about 25 cents per bag. She mentioned that initially, all the
merchants were opposed to this: ban. The City refined the ordinance,
reduced the per bag charge t� 10 cent and passed the money onto the
merchants themselves. Once these changes were made, the
merchants came on board and the data show tha� this type of program
does indeed work. Mr. Kassler asked how long this took to implement.
Ms. Aylaian stated that actual implem�ntation has been within the last
60 days, but the education process� to the merchants and the
community has been over the last year.
Mr. Kassler stated that the success of this prvgram is to mandate that
the retailers sell the reusable bags in their stares. Ms. Ream indicated
that was already a law in the state that grocery stores and pharmacies
of a certain size are required to sell those bags. She also stated that
she has recently noticed other stores selling them as well: Marshalls,
Ross and Home Goods to name a few. She also mentioned that some
comments that she has received about the bags is their washable
feature appears ta be a selling point.
Mr. Greenwood asked if there was a way that the city could provide
thes� bags to people. Ms. Wightman indicated that she recently spoke
witt� Frankie Riddle and Ms. Riddle suggested that `939 funds' could be
used for something like this. These funds are exclusively used for the
purchase of recycled content products. Ms. Wightman asked the group
if the Santa Monica model is something that the committee wants to
follow or if they had their own ideas.
Mr. Koller stated that he liked the idea, but cautioned the use of the
word "tier" because that made people think of higher rates to pay,
since that is how water and electrical bills are jargoned. He suggested
using another word to indicate the level of implementation or adoption.
Mr. Koller also suggested that five cents of the recovery fee should go
to outreach.
Mr. Freed commented on the implementation of this type of ban in the
City of San Francisco. He said that the city council there was unable to
Ec7
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• •.- 1
come to a decision, so they put it out on a baltot measure far the
people to decide. it was overwhefmingly passed and became effective
for the who(e city, save Chinatown. The city had done a study showing
that they spent nearly $750,000 per year on cleaning out the sewer
systems from plastic bags. So this ban would certainly help alfeviate
that. Mr. Freed stated that the ban allowed for the use of
biodegradable bags (including PLA-aka `corn plastic') and left the
decision up to the merchants as to what kind of bag they wo�ld use.
Ms. Riddle stated that was a good policy, but biodegradable might not
work wel! here, since the City of San Francisco has a`dirty MRF"
facility whereas the Coachella Valley hasn't onew .The biodegradable
bags would still contaminate the recycling load. Sa it might be prudent
to promote the reusable bags. ;
Mr. Koller pointed out that if he had the option to just pay 10 cents for a
paper bag, then he'd opt to do that. But if he had to pay something like
40 cents for a bag, that would add up for a grocery trip with over five
bags. So if the idea is to change people's behavior and have them
purchase the reusable bag . rather than use paper every time as a
convenience, then maybe th� charge per bag should be higher.
Mr. Leo wanted to know wh�t the cifyr or this committee would do to
educate the public. There ar� many out there who simply don't know or
understand ail of the implications of this matter. Ms. Riddle stated that
an education program already exists for this topic. The city always
uses education first and then also employs ather measures to bring
people into compliance. Mr. Greenwood stated that he personally felt
that there would always be those people who just don't want to comply
a�d then it becomes a situation where the city just needs to make a
decision, educate people and they will (begrudgingly] comply. Mr.
Greenwoocf also wanted to know if Palm Desert had any figures on
what it costs to remove plastic bags from their sewers and gutters like
San Francisco did. Ms. Aylaian asked Mr. Koller if he could provide
CVWD's information on that for the sewers, and Ms. Wightman would
ask the Public Wo�ks department if they had any numbers on removal
of bags from the storm drains. Ms. Ay(aian sfated that in the EIR, the
on(y information presented would be the environmental information;
any financial impacts aren't part of an EIR.
Ms. Wightman quipped that plastic bags are called "urban
tumbleweeds".
�
li � i \ � r �1111 � • ••- 1
Mr. Leo reminded the committee that there are those in the city who
can't afford to buy reusable bags. He indicated that there are seniors
on a fixed income that might not be able to participate and would ask
that the city possibly assist this group by giving some bags to those
who can't afford it, so they too could participate.
Mr. Kassler opined that the discussion is way too focused on cost. His
family purchased a few reusable bags a couple of years ago. They
haven't been destroyed or even become dirty. He feels that the focus
on small dollars such as this is distracting from the overall goal of the
ordinance and that is to eradicate plastic bags:
Ms. Wightman and Mr. Koller both verified that their grocery bags
never get dirty and the washable factor seemed to be a non-isse.
Ms. Wightman presented the fact that Sam's Club and Costco already
operate without plastic bags and consumers do not expect to bag their
items as they leave these stores. They re-use boxes and consumers
know this before they enter the store. Mr. Raya stated that the ciry
already has two good models:. in place: Sam's and Costco. People
already are trained to put their groceries in these boxes and take them
home. Many of the grocery stor�s have very large compactors, why not
just have them divert some of their boxes for grocery hauls instead of
compacting them? Ms. Riddfe stated that was a good idea in theory,
but when people bring home their groceries in boxes, what happens to
the boxes after their use? Mr: Greenwood stated that he worked his
way through college at Costco and he knows that people just take their
groceries home and then discard the boxes in all sorts of non-
stackable ways. He guessed that the boxes (being paper) just end up
in the landfill rather than being recycled or reused.
Mr. Langfard asked Ms. Wightman if she could provide one or two
more cities as examples of what they have done in their bag ban
ordinances. Ms. Wightman indicated that she previously sent links to
members' emails and would resend the link regarding other cities
requirements.
Mr. Raya wanted to know if CVAG has been contacted and if they will
be able to get the word out across the Coachella Valley. Ms. Riddle
stated that, so far, nothing valley-wide has been done.
Mr. Raya asked what the next steps would be. Ms. Wightman stated
that she would draft language for a model ordinance and go before the
City Council asking for their direction. If granted, then the CEQA
5
1! � i \:, �11►1 ■ • ••- • 1
analysis will be performed, the ordinance finalized and then the
education and implementation of the ordinance wouid begin. Mr. Raya
wanted to know if the grocery stores would be invited to ta(k about how
this wouid impact them. Ms. Wightman stated that wou(d be
appropriate, but not before council direction has been granted to move
forward.
Through a show of hands, members Freed, Taylor, Leo, Koller,
Kassler, Raya, and Greenwood stated this was an important topic that
needs to be addressed now an�� recommended the City Council move
forward. Member Langford stated he may �e on board, but needed to
do some more research.
B. De-asphaltification and current parking requlrements.
s. Wightman indicated that as of the last meeting where Mr. Fre
ented the concept of de-asphaltification, she was ask o
pr ' e parking count requirements for various businesses in City
of P Desert. To move forward with this cor�cept she wa to look
at the rrent parking standards and see th� various s parking
require s and verify that they are or are not over rked in their
standards. . Wightman asked for volunteers conduct basic
parking studi n their own time at various loca ' s around the city.
Nearly every ber of the committee vol eered and Mr. Leo
mentioned that h d 15 students who d also be available to
, count parking. Ms. man stated that has identified structures
with separate parking, s it can be cu(t for the untrained eye to
count shared parking spac " lots ' Target or Trader Joe's where
many businesses share a co arking lot. Mr. Kassier stated that
Wal Mart should certainiy be i d in this count because they are
one of the largest parking lo nd i project could benefit from de-
asphaltificatiorr, it would them. ightman state these areas
would also be cover under the c ry, Regional Shopping
Districts.
Mr. Alvarez w d to remind those who wo e counting that
`season' is s ng and those counts might be sligh 'gher than the
counts wo be in the summer time. Mr. Freed re ted that to
count p ng after thanksgiving would skew the numb He also
state at his intent of de-asphaltification was to have 1% e area
de d to community gardens and 30°/a of the parking t on
ething other than asphalt (like grasspave).
0
Staff Report
Letter of Support for Limiting Single -Use Plastic Bag
Page 3 of 5
October 24, 2013
G:\Planning\Tony Bagato\Sustainability and Greenhouse Gases\Sustainability Plan\Plastic Bags\Committee Letter for the Mayor with Sample
Ordinance\CCSR_Plastic Bags.docx
Staff Report
Letter of Support for Limiting Single -Use Plastic Bag
Page 4 of 5
October 24, 2013
G:\Planning\Tony Bagato\Sustainability and Greenhouse Gases\Sustainability Plan\Plastic Bags\Committee Letter for the Mayor with Sample
Ordinance\CCSR_Plastic Bags.docx
TIER 1 Retail
Grocery Stores
Convenfence Stores
Mini Marts
Liquor Stores
Drug Stores/Pharmacies
„..
TIER 2 Retail
Department Stores
Clothing Stores
Hardware Stores
Durable Goods
City Facilities
TIER 3 Retail
Restaurants
Food Vendors
Food Trucks
TIER 4 Retail
Farmers Markets
Plastic Bags*
less than 2.25 mil
Paper Bags
Recycled Content
All Sizes
Mushroom Sales
Exempt
Product Bags"
' Tier 3 Retailers ire permitted to use all bag types for takeout foods and liquids only.
* *Product bags, made from both paper or plastic, for the sale of grocery store produce and
meats, prepared take-out foods and liquids, are exempt from the ban for public health
and safety reasons.
Reusable Bags
in 04 -
rut,
Klassen, Rachelle
Subject: FW: Contact Us Submission
Original Message
From: infoOaci.valm-desert.ca.us [mailto:info(aci.palm-desert.ca.us]
Sent: Tuesday, October 22, 2013 10:50 AM
To: InformationMail
Subject: Contact Us Submission
Submission information
Submitter DB ID : 2327
Submitter's language : Default language
IP address : 71.102.80.141
Time to take the survey : 15 min. , 5 sec.
Submission recorded on : 10/22/2013 10:49:59 AM
Survey answers
Your Contact Information
First name: * Marie
Last name: * Strom
E-mail Address: * sixtvfourgoatta�msn.com
Address line 1 48125 Anita Cir
Address line 2 Not answered
City Palm Desert
State CA
Zip code: * 92260
Phone number 760-779-1543
I Am a:
Palm Desert Business Owner []
Palm Desert Resident [x]
Comments:
To the Mayor and City Council Members:
We would like to add our support to the possible ban on plastic bags. There will be a period
of adjustment, but residents of other cities who have adopted this ban are generally pleased
with the outcome, and know they have done their part to reduce litter. We are proud to live
in a city that is conscientious and forward -thinking.
Thank you for your consideration.
Marie and John Strom
1
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Klassen, Rachelle
From: Stanley, Jane
Sent: Wednesday, October 23, 2013 5:00 PM
To: Klassen, Rachelle
Subject: FW: Regional Carryout Bag Ordinance October 24 Agenda
From: Tim James [mailto:tiames(aCAGrocers.comj
Sent: Wednesday, October 23, 2013 4:26 PM
To: CityhallMail
Cc: Bagato, Tony
Subject: Regional Carryout Bag Ordinance October 24 Agenda
Dear Councilmembers, On behalf of the California Grocers Association, I write to show our appreciation for working
towards achieving a regional carryout bag ordinance. Experience with other California jurisdictions has shown carryout
bag ordinances which regulate all single -use bag types and are applied consistency across neighboring jurisdictions
maximize environmental gain and minimize impacts to business. Thank you for your leadership and effort. Please
contact me if you have any questions or would like additional information. Tim
Timothy James
Manager, Local Government Relations
California Grocers Association
1215 K Street, #700
Sacramento, CA 95814
Phone: 916-448-3545
CeII: 916-832-6149
PRIVILEGED & CONFIDENTIAL: This communication, including attachments, is for the exclusive use of addressee and may contain
proprietary, confidential and/or privileged information. If you are not the intended recipient, any use, copying, disclosure,
dissemination or distribution is strictly prohibited. If you are not the intended recipient notify the sender immediately by return e-
mail, delete this communication and destroy all copies.
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