Rules and Economic Development Committee Meeting – September 11, 2013

The Committee on Rules and Economic Development met at 9:00 a.m. on September 11, 2013, to receive a report from the Environmental Services Department (ESD) and provide feedback on crafting a plastic bag reduction ordinance. The meeting included public testimony, staff presentations, and committee deliberation, culminating in a unanimous vote to move forward with drafting an ordinance.

Consent Calendar

• Approval of Minutes: The Record of Action Items from July 24, 2013, was approved by unanimous consent. No corrections or changes were made.

Committee Comment

• Chair Lightner noted that the open data policy discussion is tentatively scheduled to return to the R&ED Committee on October 23, 2013, or November 6, 2013.
• Regarding the City’s hiring and recruitment process (requested action from July 24, 2013), Chair Lightner stated that the Independent Budget Analyst (IBA) has received suggestions from only nine departments and requested additional input by September 13, 2013.

City Attorney, IBA, and Mayoral Staff Comment

• Nicole Capretz, Director of Environmental Policy in the Office of Interim Mayor Todd Gloria, introduced herself to the Committee.

Public Comments & Testimony

• Bill Evans (hotel businessman): Expressed shock that San Diego would be the 81st city to consider such an ordinance, urging leadership. Highlighted marine pollution issues and SeaWorld’s role.
• Lonnie Lutar (Equinox Center): Presented research showing that 95% of plastic bags in San Diego end up in landfills, and that bag bans with a 10-cent paper fee lead to significant reductions in plastic use and greenhouse gas emissions, though water consumption may increase. Recommended a 10-cent minimum fee on paper bags and reusable bag standards.
• Crystal Carson (Surfrider Foundation): Thanked the committee for bringing the issue forward, noting 500 million bags per year in San Diego. Urged prompt action to reduce litter and protect the ocean.
• Haley Hagerston (Surfrider Foundation): Reported that in 2012, Surfrider and Coastkeeper volunteers removed 7,594 pounds of trash from beaches, 32% of which was plastic. Emphasized that plastics do not biodegrade but photodegrade, harming marine life.
• Roger Q. (Surfrider Foundation): Urged adoption of the ordinance, citing $14 million per year in litter abatement costs for San Diego. Noted that 80 jurisdictions in California have already passed similar ordinances. Argued that reusable bag hygiene concerns are a scare tactic.
• Chris Duggan (California Restaurant Association): Representing 3,300 restaurants in San Diego, expressed concern about the lack of stakeholder consultation early in the process. Supported the exemption for restaurants and requested inclusion in future stakeholder meetings.
• Ryan McDowell (Environment California): Declared strong support for a citywide ban, citing that over 80 California local governments have passed bans. Noted that San Jose saw an 89% reduction in plastic bag storm drain litter post-ban.
• Kristen Kuhn (San Diego Coastkeeper): Stated strong favor for a ban or restriction, noting that volunteers picked up 7,500 plastic bags from beaches in 2012.
• Hugh Moore (San Diego County Green Party): Supported the ban but recommended increasing the paper bag fee to 25 cents after the first year to further discourage paper use.
• Brian Pease (Ocean Beach People’s Co-op): Supported the ban, noting his store already does not use plastic bags. Argued that plastic bag companies are not paying for cleanup costs.
• Mark Arabo (Neighborhood Market Association): Representing 472 small markets in San Diego, expressed disappointment that they were not informed of the proposal. Requested stakeholder meetings and called for exempting convenience stores and small markets or providing a phase-in period. Noted that 471 of their member stores are in low-income areas.
• Patricia Fischstein (taxpayer/consumer): Shared personal experience with river cleanups, noting that plastic disintegrates but does not biodegrade. Supported the ordinance and emphasized education and reusable bag use.
• Sarah Sheehy (California Grocers Association): Expressed comfort with the model ordinance (ban plastic, charge 10¢ for paper) and urged consistency across all retailers. Noted that after six months, reusable bag use increases to 94%.
• Scott Harrison (Surfrider Foundation, former chairman): Supported the ordinance, noting that no plastic bag manufacturers are based in San Diego and that the three California manufacturers are transitioning to reusable bags. Called for a proactive approach.
• Kath Rogers (Animal Protection and Rescue League): Expressed strong support, noting that their email list of 12,000 members supports the ordinance due to wildlife impacts.

Discussion Items

• Staff Presentation: Stephen Greeley (Deputy Director, ESD) and Ken Prue (Recycling Program Manager) presented the proposed ordinance. Key facts:
  • Approximately 500 million plastic bags are given out annually in San Diego; only 3% (15 million) are recycled. About 466 million bags are buried in the landfill each year.
  • ESD spends $160,000 per year on wind-blown plastic bag litter abatement at the Miramar landfill and other city properties.
  • Over 80 California municipalities have adopted ordinances. The recommended model targets retail stores with annual sales of $2 million+ selling food and non-food goods, stores with at least 10,000 sq. ft. and a pharmacy, and drug stores, convenience stores, and similar outlets.
  • Proposed: 10-cent charge per paper bag, at least 10-cent charge per reusable bag provided; exemptions for restaurants, nonprofits, WIC recipients, and produce/product bags; complaint-based enforcement with focus on education; stakeholder outreach; and return to committee in 90 days with draft ordinance.
• Committee Deliberation:
  • Councilmember Kersey expressed caution, noting that many people reuse plastic bags and that the state has not passed a ban. He emphasized the need to hear from small businesses and requested a stakeholder group with input from the Grocers Association, Neighborhood Market Association, and Restaurant Association. He moved to form such a group and return with draft ordinance language in 90 days.
  • Councilmember Emerald countered that the issue has been debated enough, citing clear science and the example of 80 other cities. She supported moving forward quickly and proposed a motion to include all retail stores with one-time use bags (not just those selling food), conduct outreach to groups like the Neighborhood Market Association, present an informational item to the Community Planners Committee and BID Council, begin environmental review, and return to the October 23, 2013, meeting with a status report.
  • Councilmember Faulconer supported moving forward but emphasized the need for inclusion of all stakeholders and noted the importance of balancing environment and business. He was confident a consensus could be reached.
  • Councilmember Alvarez cautioned against delaying the process due to lack of consensus and supported bringing the ordinance back on October 23 for amendments.
  • Chair Lightner clarified the motion: ESD staff work with City Attorney to craft an ordinance reducing plastic bag use, including all retail stores with one-time use bags; include ESD recommendations (10¢ paper/at least 10¢ reusable; exemptions; complaint-based enforcement; education/outreach/reusable bag distribution); begin environmental review; present informational item to Community Planners Committee and BID Council; conduct additional outreach to Neighborhood Market Association and other stakeholders coordinated with Mayor’s Office; return to committee on October 23, 2013, with a status report and recommendations for enforcement.

Key Outcomes

• Motion: A motion by Councilmember Emerald, seconded by Councilmember Alvarez, was adopted unanimously (5-0). Voting: Lightner-yea, Faulconer-yea, Kersey-yea, Alvarez-yea, Emerald-yea.
• Directives:
  • ESD staff, in coordination with the City Attorney’s Office, will draft an ordinance that reduces plastic bag use. The ordinance will include ESD’s recommended provisions and will cover all retail stores that provide one-time use bags.
  • Environmental review (CEQA) will be initiated.
  • ESD will present an informational item to the Community Planners Committee and the BID Council.
  • Additional outreach to the Neighborhood Market Association and other key stakeholders will be conducted via the Mayor’s Office.
  • ESD will return to the Rules and Economic Development Committee on October 23, 2013, with a status report, enforcement recommendations, and draft ordinance language for further discussion.