STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 24, 2022
TO: Mayor Bailey and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Patrick Tang, City Attorney
Michael Roberts, Public Works Director/City Engineer
SUBJECT: AB 1276 – Single-Use Plastics Reduction Enforcement Requirements RECOMMENDED ACTION:
Staff recommends that the City Council approve the final adoption of the attached Ordinance amending Title 5, Chapter 12 of the Hercules Municipal Code to add sections 5-12.01 to 5-12.06, implementing AB 1276 single - use plastics reduction enforcement requirements.
FISCAL IMPACT OF RECOMMENDATION:
Enforcement of the single-use plastic reduction enforcement requirements would require an as yet undetermined amount of code enforcement and administrative staff time.
EXECUTIVE SUMMARY:
The attached draft ordinance was approved for introduction at the city council meeting of May 10, 2022 by a 5-0 vote. The prior agenda materials are provided as an Attachment to this report.
DISCUSSION: On October 5, 2021, AB 1276 was signed into law by Governor Newsom. AB 1276 prohibits dispensing of single-use plastics and condiment items unless requested by the customer, and further mandates that cities adopt an enforcement mechanism by June 1, 2022. Staff presented a report regarding this new requirement at the regular council meeting of April 26, 2022. At Council direction, staff submitted a draft ordinance for introduction at the regular council meeting of May 10, 2022; after discussion, and upon hearing public comment regarding this matter, the Council approved the introduction of the Ordinance, which is based on the ordinance adopted by the City of Goleta. By doing so, Council has adopted a two-step approach, seeking to adopt by the state deadline of June 1, 2022 an ordinance that meets enforcement obligations under AB 1276, with additional local restrictions on single use plastics to be discussed at a future date.
CONCLUSION: Presented for final adoption is an ordinance that meets the local enforcement obligations imposed by AB 1276.
Attachments: Staff report and draft ordinance from Council meeting of May 10, 2022 Date Page 1