HomeMy WebLinkAboutCITY COUNCIL MEMBER ITEM FOR THE SEPTEMBER 2, 2014 - CITY CO (8)tt)
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CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To: Honorable Mayor Pro Tern and City Council Members
From: Matthew Harper, Mayor
Date: August 20, 2014
Subject: CITY COUNCIL MEMBER ITEM FOR THE SEPTEMBER 2, 2014,
CITY COUNCIL MEETING — REPEAL OF MANDATORY 10 CENTS
PAPER BAG CHARGE
STATEMENT OF ISSUE:
Section 5.95.040 of the Huntington Beach Municipal Code, which requires some private
businesses to charge 10 cents per paper bag, is one of the most controversial laws on the
books in Huntington Beach.
Citizens have debated whether the charge is a tax, a fee, a penalty, an incentive, or a price
control. One thing many agree on is the concern that it was imposed without a vote of the
people.
On August 18, 2014, the Huntington Beach City Council considered an item that was primarily
intended to remove the mandatory 10 cents charge per paper bag, but replaced it with 5 cents
per paper bag price ceiling. The recommendation below simplifies the issue to the repeal of the
mandatory 10 cents per paper bag charge.
There has been no report presented to the Huntington Beach City Council as to whether this
section of the Municipal Code has been effective, nor is any planned. Additionally, there has
been no report presented to the Huntington Beach City Council as to how much revenue this
charge has generated and to where the revenue has gone. Without an independent audit, the
public cannot have confidence in what this section of the Municipal Code has done.
Without this information and without any plans to obtain this information over one year after its
adoption, Section 5.95.040 should be repealed.
RECOMMENDED ACTION:
Direct the City Attorney to prepare an ordinance to repeal Section 5.95.040 of the Huntington
Beach Municipal Code.
5.95.040 Regulation of Recyclable Paper Carryout Bags:
A. Any store that provides a recyclable paper carryout bag to a customer must charge the
customer $0.10 for each bag provided, except as otherwise provided in this chapter.
B. No store shall rebate or otherwise reimburse a customer any portion of the $0.10 charge
required in subsection A of this section, except as otherwise provided in this chapter.
CCMI — Repeal of Mandatory 10 Cents Paper Bag Charge
Page 2
C. All stores must indicate on the customer receipt the number of recyclable paper carryout
bags provided and the total amount charged for the bags.
D. All monies collected by a store under this chapter will be retained by the store and may
be used only for the following purposes:
1. Costs associated with complying with the requirements of this chapter;
2. Actual costs of providing recyclable paper carryout bags; or
3. Costs associated with a store's educational materials or education campaign
encouraging the use of reusable bags, if any.
E. All stores shall keep complete and accurate records for a minimum period of three years
from the date of sale, of the total number of recyclable paper carryout bags provided and
the total amount of monies collected for providing recyclable paper carryout bags, 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 section. Unless an alternative
location or method of review is mutually agreed upon, the records or documents shall be
available at the store's address. A responsible agent or officer of the store shall confirm
that the information provided is accurate and complete.
F. Any store that fails to maintain complete records or documents, maintains false,
inaccurate or misleading records, or otherwise fails to comply with this section will be in
violation of this section and such store shall be subject to the fines set forth in Section
5.95.080. (3975-effective 5/13; operative 11 /13).
xc: Fred Wilson, City Manager
Ken Domer, Assistant City Manager
Joan Flynn, City Clerk
Jennifer McGrath, City Attorney
Estanislau, Robin
From: Dombo, Johanna
Sent: Tuesday, September 02, 2014 10:15 AM
To: City Clerk's Office
Subject: FW: Surf City Pipeline: You have been assigned a new Request #: 19613
From: Surf City Pipeline[mailto:noreply(abuser.govoutreach.com]
Sent: Tuesday, September 02, 2014 7:17 AM
To: Dombo, Johanna
Subject: Surf City Pipeline: You have been assigned a new Request #: 19613
Request # 19613 from the Government Outreach System has been assigned to you.
Request type: Comment
Request area: Inquiry to a City Council Member
Citizen name: Robert Franklin
Description: Ms Hardy
It has come to my attention three council members have placed an item on the
forthcoming City Council agenda opposing the statewide ban on single use plastic bags.
I urge you to oppose the proposal. Singe use plastic bags are bad for the environment
and the bottom line is plastic kills. Regardless of what some council members say,
plastic is very harmful to the environment. We need to start thinking of future
generations and reduce and eliminate plastic in the environment. Thank you for your
time and support on this very important issue.
Sincerely
Robert Franklin
Expected Close Date: September 12, 2014
Click here to access the request
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SUPPLEMENTAL
COMMUNICATION
Ming Date:
Agenda Item No.,