HomeMy WebLinkAboutAGENDA REPORT 2013 0206 CCSA REG ITEM 09A ITEM 9.A.
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MOORPARK CITY COUNCIL ACTION:
AGENDA REPORT
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
Prepared By: Shaun Kroes, Senior Management Analyst
DATE: January 25, 2013 (CC Meeting of 02/06113)
SUBJECT: Consider Report on Beach Erosion Authority for Clean Oceans and
Nourishment Single Use Bag Ban Environmental Impact Review
BACKGROUND/DISCUSSION
On January 17, 2013, the Ventura Countywide Storm Water Quality Program (Program)
National Pollutant Discharge Elimination System (NPDES) Storm Water Management
Committee(WMC) approved a request from the Beach Erosion Authority for Clean Oceans
and Nourishment(BEACON)for reimbursement in the amount of$32,000.00. The City of
Moorpark is a member of the WMC. BEACON members include the Counties of Santa
Barbara and Ventura as well as the coastal cities of Goleta, Santa Barbara, Carpinteria,
Ventura, Oxnard and Port Hueneme. The approved reimbursement is for BEACON's
efforts in completing an environmental impact report (EIR) for future Single Use Carryout
Bag Ordinances that a jurisdiction may adopt to regulate the use of paper and plastic single
use carryout bags within the geographic limits of Santa Barbara and Ventura Counties,
including the unincorporated areas as well as the 18 incorporated cities. The attached
WMC agenda report approving the reimbursement includes information on BEACON and
the purpose of the EIR.
Although the EIR was originally designated to cover BEACON members, the project scope
of work was amended to include all jurisdictions in Santa Barbara and Ventura Counties.
This will enable each jurisdiction to use the EIR and draft ordinance if it decides to move
forward with a plastic bag ban. It should be noted that contribution to the BEACON EIR
does not obligate the City of Moorpark to implement a plastic bag ban. The WMC
members recognized the potential benefit and costs savings to each member agency by
contributing to a joint EIR rather than each jurisdiction funding their own EIR in the future if
they decide to implement a plastic bag ban. The$32,000.00 donation reimburses Ventura
County BEACON members who had previously provided the $32,000.00 to move forward
with the EIR.
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Honorable City Council
February 6, 2013
Page 2
BEACON's Notice of Preparation of a Draft Environmental Impact Report BEACON Single
Use Carryout Bag Ordinance was released on November 30, 2012, and included two
public scoping meetings. The first meeting was December 12, 2012 in Santa Barbara.
The second meeting was December 19, 2012 in Oxnard. The Administrative Draft EIR
(which is not a public document) has been released for internal review. The EIR is
expected to be released for public review in early February 2013. Staff will review the EIR
and provide any comments as appropriate.
FISCAL IMPACT
The WMC expenditure of$32,000.00 includes existing planned FY 2012/13 contributions
from WMC members, including the City of Moorpark. Moorpark's contribution to the
BEACON EIR through the WMC donation is $604.60 and is included in Moorpark's FY
2012/13 Program contribution of $40,000.00. The $604.60 is a significant savings
compared to the estimates of $20,000.00 to $40,000.00 for the City to hire its own
consultant to prepare California Environmental Quality Act documents including an EIR.
STAFF RECOMMENDATION
Receive and File.
Attachment:
Program WMC Action Item Report — BEACON Reimbursement.Request
S:\Public Works\Everyone\Reports\Staff Reports\2013\February\02-06-2013(BEACON Reimbursement).doc 109
Ventura Countywide Storm Water Quality Program
Management Committee Action Item Report
January 17, 2013.
Action Item Number: 2
Recommended by: Gerhardt Hubner
Subject: Approve Reimbursement of the Ventura County BEACON members for
their share of the Single Use Bag Ban EIR cost.
Cost: $32,000
Budgeted: Sponsorships $5,000; Legislation tracking and commenting$30,000; General
Contingency $50,000.
Voting: Implementation Agreement states:Any budgetary motion must be approved by a
213 majority vote of the COMMITTEE(8 of 12), and any non-budgetary motion
must be approved by majority vote.
Discussion:
Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) is a multijurisdictional
joint-powers agency comprised of the Counties of Santa Barbara and Ventura as well as the
coastal cities of Goleta, Santa Barbara, Carpinteria, Ventura, Oxnard and Port Hueneme. At its
September 23, 2011 meeting,the BEACON Board of Directors adopted a resolution to support
and endorse efforts to limit the adverse impact of single use plastic bags.
BEACON also voted to seek support from member agencies and other agencies within Santa
Barbara and Ventura counties to conduct a regional EIR for the ban and/or restriction of single
use bags in the region. The process of a regional EIR encompassing both Counties is expected to
cost roughly$70,000. BEACON members in Ventura County which include the City and County
of Ventura,the City of Oxnard and Port Hueneme have all voted to partner on the regional EIR
and have pledged $32,000 ($8000 each) to that end.
The City of Port Hueneme requested that BEACON petition the Ventura Countywide
Stormwater Management Committee to reimburse the Ventura County BEACON members for
their share of the EIR cost and reallocate the costs across all the cities in Ventura County. If this
Action Item is approved, $32,000 from the Stormwater Principal Permittee Budget will
reimburse the Ventura BEACON member's costs.
The proposed Single Use Carryout Bag Ordinance would regulate the use of paper and plastic
single use carryout bags within the geographical limits of Santa Barbara and Ventura counties,
including the unincorporated areas as well as the 18 incorporated cities. The intent of the
ordinance is to reduce the environmental impacts related to the use of single use carryout bags,
and to promote a shift toward the use of reusable bags.
The ordinance would(1)prohibit the free distribution of single use carryout paper and plastic bags and
(2)require retail establishments to charge customers for recycled paper bags and at the point of sale.
Regulated retail establishments would be allowed to sell reusable bags or distribute them free of charge.
The ordinance sets forth that the minimum charge for single use recyclable paper bags would be ten cents 110
($0.10). Regulated bags would not include reusable bags,produce bags, or product bags(as defined).The
Proposed Ordinance would not apply to restaurants and other food service providers,allowing them to
provide plastic bags to customers for prepared take-out food intended for consumption off of the food
provider's premises.
Any of the following retail establishments could be subject to the Proposed Ordinance if adopted
by the individual jurisdiction:
1. A store of at least 10,000 square feet of retail space that 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)
which sells a line of dry grocery or canned goods, or non-food items and some perishable
food items for sale or a store that has a pharmacy licensed pursuant to Chapter 9
(commencing with Section 4000) of Division 2 of the Business and Professions Code; or
2. A drug store, pharmacy, supermarket, grocery store, convenience food store, food
mart, or other similar retail store or entity engaged in the retail sale of a limited line of
grocery items or goods which typically includes, but is not limited to, milk,bread, soda,
and snack foods, including those stores with a Type 20 or 21 liquor license issued by the
state Department of Alcoholic Beverage Control.
The final Proposed Ordinance may be used as part of an addition trash management plan where
excluders are not installed, and will help meeting requirements of adopted TMDLs, and the
future Statewide Trash Policy.
This Action Item does not commit the Program, or any Permittee, to adopting or supporting the
Ordinance, only to supporting the completion of the EIR. If approved the following table shows
the cost breakdown:
BEACON Bag EIA Cost Breakdown
Permittee IA Cost Share Percent Share
Camarillo 4.49% $ 1,435.00
County 10.54% $ 3,370.80
Fillmore 0.62% $ 198.40
Moorpark 1.89% $ 604.60
Ojai 0.64% $ 203.20
Oxnard 8.23% $ 2,633.40
Port Hueneme 0.72% $ 228.80
San Buenaventura 6.16% $ 1,969.40
Santa Paula 1.33% $ 424.00
Simi Valley 6.95% $ 2,223.80
Thousand Oaks 8.47% $ 2,708.60
WPD 50.00% $ 16,000.00
Total 100.00% $ 32,000.00
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