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HomeMy WebLinkAboutReg 2020-06-01 Item 3C - Ordinance - Repeal Ord #2619 Relating to Use of Bags at Retail EstablishmentsCOUNCIL AGENDA SYNOPSIS ---------------------------------- Initials Meetinga Date Prepared by Mayor's review Council review 06/01/20 LH ITEM INFORMATION ITEMNO. 3.C. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 6/1/20 AGENDA ITEM TITLE Ordinance repealing Ordinance 2619 relating to the use of bags at retail establishments CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 06101120 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Otber Mtg Date SPONSOR ®Council [:]Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑Pik ❑Court SPONSOR'S Because of the COVID-19 impact on the business community as well as a statewide law SLTMNLARY effective 1/1/21, the City Council agreed to repeal Ordinance 2619 and redirect outreach efforts in alignment with the State of Washington. Ordinance 2619 had an effective date of September 1, 2020 and the additional three months will help the business community. REVIE','ED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ® Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 5/18/20 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/1/20 MTG. DATE ATTACHMENTS 6/1/20 Informational Memo dated 4/13/20 Final Ordinance Minutes from Planning & Economic Development Committee meeting of 5/18/20 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning & Economic Development Committee FROM: Laurel Humphrey, Council Analyst DATE: April 13, 2020 SUBJECT: Ordinance relating to Carryout Bags ISSUE Per Council direction, staff has prepared a draft ordinance that would repeal Ordinance 2619 regulating carryout bags in retail stores. A statewide law will go into effect January 1, 2021 that will preempt local ordinances such as this. BACKGROUND City and State Bag Laws Last November, the City Council passed Ordinance 2619, which regulates carryout bags in retail stores and effectively bans the distribution of single use plastic bags. The goal is for shoppers to bring reusable bags from home in order to reduce plastics from the waste stream. The ordinance defines retail broadly to include all types of stores in the city. The City Council chose an effective date of September 1, 2020 to provide a nine -month implementation phase that would allow stores to prepare by using up stock, ordering new bags, and updating point of sale systems. Staff began an implementation and outreach plan focusing on this 9/1/20 effective date. In the 2020 session the Washington State Legislature passed, and Governor Inslee signed into law, ESSB 5323, which will regulate carryout bags statewide and goes into effect January 1, 2021. The state law is essentially the same as Ordinance 2619 in that it prohibits distribution of single -use plastic bags and requires that stores charge 8 cents for recycled paper bags or thick plastic bags. While the state law preempts city bag bans as of January 1, 2021, the law is written such that cities will partner with the state on education and outreach to consumers and businesses. Cities can also receive violation complaints, which will then be forwarded on to the Department of Ecology for enforcement. COVID-19 Impacts On February 29, 2020, Governor Inslee declared a state of emergency in response to the growing numbers of COVID-19 cases, directing agencies to use all resources necessary to prepare for and respond to the outbreak. On March 23, he issued the "Stay Home, Stay Healthy" order, requiring everyone to stay home and closing all businesses not deemed essential, now extended through May 4, 2020. This closure is debilitating to businesses who must now focus on preparing to re -open when the health crisis has passed. K INFORMATIONAL MEMO Page 2 While grocery stores remain open, there is a health benefit to the use of clean, store -issued bags during the health crisis. The City of Burien implemented a plastic bag ban on January 1, 2020 but suspended it for the duration of the emergency proclamation to protect the health and safety of grocery and retail workers, as workers were concerned about handling reusable shopping bags brought from people's homes. DISCUSSION The COVID-19 emergency has disrupted city government and businesses in numerous ways. The City's Economic Development staff weighed in to express concern with the original September 1, 2020 target date, believing that businesses should focus efforts on reducing transmission of COVID-19 and preparing for re -opening instead of spending energy on sourcing new bags and updating point of sale systems as the long implementation period was intended to allow. Also, many retailers have been closed and so unable to use up existing plastic bag stock. The City of Tukwila is striving to help its business community navigate this crisis, and this is one step that can help in this unprecedented time. Reducing plastic bag waste is still an extremely important goal and staff can prepare for implementation accordingly in alignment with the State of Washington. At the April 13, 2020 Committee of the Whole meeting, the City Council discussed options moving forward and directed staff to repeal Ordinance 2619 and redirect implementation and outreach measures in coordination with the State of Washington, effective January 1, 2021. RECOMMENDATION Staff is seeking a Committee recommendation on the draft ordinance and suggests forwarding it to the June 1, 2020 Regular Consent Agenda for possible action. S1 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2619 RELATING TO THE USE OF BAGS AT RETAIL ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council finds it to be in the best interest of the public health, safety, and welfare of its community members to reduce the use of single -use plastic and paper carryout bags in the City of Tukwila; and WHEREAS, on November 18, 2020, the City Council passed Ordinance No. 2619 regulating the use of carryout bags at retail establishments, with an effective date of September 1, 2020, to provide both retailers and consumers adequate time to prepare; and WHEREAS, the establishment of this implementation phase did not anticipate the impacts of the COVID-19 pandemic emergency on the business community; and WHEREAS, in the 2020 session the Washington State Legislature passed ESS13 5323 to regulate carryout bags statewide and that will preempt local ordinances on January 1, 2021; and WHEREAS, ESSB 5323 establishes a partnership between cities and the State of Washington on the implementation of these carryout bag regulations; and WHEREAS, the City Council recognizes the business community's efforts are focused on recovery from the COVID-19 impacts, and the repeal of Ordinance No. 2619 will provide an additional three-month period before bag regulations change statewide; and WHEREAS, reducing plastic bag waste in the community remains an extremely important goal and the City of Tukwila will be an effective partner with the State of Washington on this collective effort; W: Legislative Developmerifflegulating bags at retail establishments —repealed 5-8-20 LH:bjs Review and analysis by Barbara Saxton Page 1 of 2 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 2619 is hereby repealed in its entirety. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Legislative Development\Regulating bags at retail establishments —repealed 5-8-20 LH:bjs Review and analysis by Barbara Saxton Page 2 of 2 Councilmembers Present: Thomas McLeod, Kathy Hougardy, Zak Idan StoffPresent: Rachel Bianchi, Kia Shagena, Brandon Miles, Derek Speck, Minnie Dhaliwal, Lynn Miranda, Laurel Humphrey Guest. Andrea Reay, Seattle Southside Chamber of Commerce Chair McLeod called the meeting to order at 5:30 p.m. I. BUSINESSAGENDA A. Resolution: Rental Business License Late Fees Staff is seeking Council approval of a resolution that would waive 2020 late fees for Residential Rental Business Licenses in response to the COVID-19 pandemic. Committee Recommendation Unanimous approval. Forward to June 8, 2020 Committee of the Whole. B. Ordinance: Renewing Six -Month Moratorium Staff is seeking Council approval of an ordinance that would renew a six-month moratorium within the Tukwila International Boulevard Study Area on certain uses such as hotels, motels, extended stay facilities, and auto oriented uses. Committee Recommendation Unanimous approval. Forward to June 22, 2020 Committee of the Whole for Public Hearing. C. Ordinance: Repealing Ordinance No. 2619 Staff is seeking Council approval of an ordinance that would repeal Ordinance No. 2619 relating to the use of bags at retail establishments. Committee Recommendation Unanimous approval. Forward to June 1, 2020 Regular Consent Agenda. D. Seattle Southside Chamber of Commerce Presentation Ms. Reay presented information regardingthe Chamber's efforts to support business recovery. Committee Recommendation Discussion only. II. MISCELLANEOUS The meeting adjourned of 6:30 p.m. Committee Chair Approval Minutes by LH rA