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HomeMy WebLinkAboutItem 5: Ordinance Suspending Paper Bag Charge ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Suspending the Paper Bag Pass-through Charge During Reevaluation of the Fee Meeting Date: July 8, 2013 Agenda Item Number: 5 Department: Planning and Development Staff Contact: Stephanie Scafa www.eugene-or.gov Contact Telephone Number: 541-682-5652 ISSUE STATEMENT Section 6.860 of the Eugene Code, 1971, requires that a retail establishment offering a recyclable paper bag to a customer at the point-of-sale, charge the customer not less than five cents per bag and that the fee charged be indicated on the customer’s receipt. On May 13, 2013, the City Council voted to reevaluate the paper bag pass-through fee and bring back an ordinance to suspend the five cent per bag charge during the reevaluation period. The proposed ordinance (Attachment A) will suspend the five-cent-per-bag fee until December 1, 2013. BACKGROUND and RELATED CITY POLICIES The City Council adopted Ordinance No. 20498, encouraging the use of reusable bags by banning single-use plastic carryout bags and requiring a five-cent fee for carry-out, recycled paper bags, on October 22, 2012. The ordinance went into effect on May 1, 2013. Discussion Eugene is one of over 90 cities nationwide and three within Oregon, that have adopted a ban on single-use carryout plastic bags. Regarding the use of a five-cent fee in Oregon, Portland does not require a five-cent pass-through fee on paper bags while Corvallis does require the charge. The Corvallis City Council recently updated its ordinance to require the five-cent charge be applied only to large grocery style bags. Public Comment At the public hearing on June 10, 2013, two people spoke in favor of the proposed ordinance to suspend the five-cent fee and 11 people spoke in opposition to the proposed ordinance to suspend the five-cent fee. Additional comments submitted to the City between May 31, and June 28, 2013, are included in Attachment B. Triple Bottom Line – Social, Environmental, Economic Impacts The staff analysis from the February 27, 2012, City Council work session provided overviews of the assumed environmental, social, and economic impacts of the original ordinance to promote reusable bags by banning single-use plastic carryout bags. Prior to ordinance adoption, City staff developed the Bring Your Bag outreach and education campaign, which offers assistance to S:\CMO\2013 Council Agendas\M130708\S1307085.doc Eugene retailers on an as-needed basis. The objective of the campaign is to raise awareness of the purpose and function of the ordinance as well as provide information about where to obtain low- cost or free, reusable bags. COUNCIL OPTIONS 1.Adopt the proposed ordinance. 2.Take no action. 3.Modify the original ordinance. Depending on the modifications, this might require another public hearing. SUGGESTED MOTION No recommended motions at this time. ATTACHMENTS A.Proposed Ordinance B.Public Comment FOR MORE INFORMATION Staff Contact: Stephanie Scafa Telephone: 541-682-5652 Staff E-Mail: stephanie.scafa@ci.eugene.or.us S:\CMO\2013 Council Agendas\M130708\S1307085.doc ATTACHMENT A ORDINANCE NO. _____ AN ORDINANCE CONCERNING SUSPENSION OF PAPER BAG PASS- THROUGH CHARGE IN SECTION 6.860 OF THE EUGENE CODE, 1971; AND PROVIDING A SUNSET DATE. The City Council of the City of Eugene finds as follows: A. Section 6.860 of the Eugene Code, 1971, requires that a retail establishment making a recyclable paper bag available to a customers at the point of sale charge the customer not less than 5 cents per bag and that the fee charged be indicated on the customer’s receipt. B. The City Council would like to reevaluate the paper bag pass-through fee and has determined that the requirement to charge five cents per bag should be suspended during the reevaluation period. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The findings set forth above are adopted. Section 2. Section 6.860 of the Eugene Code, 1971, is suspended. Section 3. Unless extended or made permanent by future Council action, this Ordinance shall sunset and be repealed on December 1, 2013. Passed by the City Council this Approved by the Mayor this _____ day of June, 2013. _____ day of June, 2013. _______________________________ _______________________________ City Recorder Mayor Ordinance - Page 1 of 1 M . ATTACHMENT B Public Comment on five -cent pass through charge on paper bags This document is a compilation of comments submitted to the City between May 31 and June 28, 2013. From: Molly Markarian [ mailto :mollymarkarian @gmail.com Sent: Wednesday, June 19, 2013 7:50 AM To: *Eugene Mayor, City Council, and City Manager Subject: Bag Ban Mayor Piercy and Councilors, I was unable to attend the most recent Council discussion on the Eugene bag ban topic, but I wrote this gust viewpoint for the RG last week after reading the coverage of the most recent Council discussions. Please include this in your public record. Thank you. http: / /www. registerguard.com /rg /opinion/ 30016014 -78 /bag- bottle- eugene -snap- bags .htmI.csp #.UcHDiespsEA.emaiI Sincerely, Molly Markarian 1677 Lincoln Street From: Bren Wamsley < BreWams @comcast.net Date: June 11, 2013, 8:51:43 AM PDT To: PIERCY Kitty < Kitty.Piercy @ci.eugene.or.us Subject: 5 Cent Bag Charge Reply -To: " BreWams @comcast.net < BreWams @comcast.net Hi Kitty, I can go along with the ban on plastic bags, but this 5 cent charge for a paper bag is ridiculous. Many of the stores were already using paper bags and "now' have begun to charge for them (i.e Coldwater Creek, Winco, Macy's, Chico's, etc). It's absolutely annoying and I don't feel the results of the meeting yesterday reflect the view of the majority of our citizens. To think you would only remove it for those getting assistance is ludicrous. Now store owners are going to need to see some sort of ID to know they don't have to charge. Certainly in grocery stores food stamps would be presented anyway, but not in all the other shops people may be frequenting. Those making these decisions need to have their brains examined. I'm normally a very nice person, but this has put me over the edge. Bren From: Trader Joe < jem19761947 @hotmail.com Date: June 11, 2013, 10:28:49 AM PDT To: PIERCY Kitty < Kitty.Piercy @ci.eugene.or.us Subject: Bag Ban..... Mayor Piercy: PLEASE rescind the extra charge for bags. This is and always has been part of any business's overhead. You note we don't pay extra for ANY other business supplies as they are built into the selling price. Sincerely, Joe McKean From: andreamfcoo @comcast.net Sent: Mon 6/10/2013 4:19 PM To: *Eugene Mayor, City Council, and City Manager Subject: comments from the peanut gallery Hello to all, I am unable to attend the public hearing tonight regrading the 25 cent fee for paper bags. But, I would like to add my voice to those who support keeping the 25cents fee. Not only did the Grocers advocate and support it. They requested it, if my memory serves me correctly. I am out in the community alot more these days. And I have yet to hear any one complain about the fee. If anything, I see a sense of pride in those who are shopping, reuse able bags in hand. I think that not everyone in our Community has the time or money to volunteer to save the planet so to speak. But, in a sense, this a small contribution to a better environment. I also would like to at this time remove my name from the list of possible appointee's to the planning committee. I know it is late in the process, but as I have been giving this alot of thought. Although I would do a good job and welcome the challenge, I have to admit. If I were seated where you are today. I would have welcomed the opportunity to have John Barvosky serve on this committee or any other. I will be looking for other opportunities to participate in City government. As I still have alot to say Respectfully, Andrea Ortiz This message is intended solely for the use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable state and federal laws. If you are not the addressee, or are not authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, distribute, or disclose to anyone this message or the information contained herein. If you have received this message in error, immediately advise the sender by reply email and destroy this message. From: CHAD WILSON [ mailto:wilsonhomes171806 @msn.com Sent: 10 June, 2013 23:33 To: *Eugene Mayor, City Council, and City Manager Subject: Wilson: FEES Mayor, Council, and City Manager, I dont think you will find to many people who will disagree with the plastic bag ban, however it was quite a surprise to most citizens of Eugene to find out that you had bamboozled us into charging us for paper bags! This was a deceptive move that we didn't see coming, at least for those of us who have jobs, work for what we need, don't seek handouts, and don't have time to go to all of your meetings to stay up to the minute on your new gas tax fees, landlord fees, LTD fees, and yes paper bag fees! We are sick and tired of all of your FEES!! Let us work, feed our families, enjoy our lives, and quit taxing us around every corner. Quit turning Eugene into a Huge homeless shelter and you would need alot less fees!! Thank you, Chad Wilson Wilson Homes Inc. Cell: 541 - 914 -0519 Fax: 541 - 485 -9920 Email: wilsonhomes171806 @msn.com From: kens @windermere.com Sent: Tue 6/11/2013 7:32 AM To: *Eugene Mayor, City Council, and City Manager Subject: 5 cent bag ban I don't know if you folks care but you are the laughing stock of the community! M! Can't make a decision on a bag ban. All of you are much smarter than this, get this done and move on. We have much more pressing matters than to fool around wasting time on this. Everybody I know is going to Springfield to shop now. We have the huge Hynix plant empty waiting for jobs, the EWEB property could be developed into something to be known state wide. Please, please utilize your talents and get past this!!!!! All of you have much better talents than this, lead follow or get out of the way. Ken Schmidt Broker Windermere Real Estate Lane County kendelivers.com kens @windermere.com Fax 541 - 762 -0380 From: Suzanne Penegor [ mailto:pegnons @ix.netcom.com Sent: Friday, June 07, 2013 11:19 AM To: *Eugene Mayor, City Council, and City Manager Subject: letter re bag ban from constituent To the Mayor, City Council and City Manager: The city's bag ban has been a nightmare for local businesses and customers. This should have been put to a vote of Eugene citizens before it was implemented. It is punitive and anti - business. Customers are taking bags from other companies and competitors to local retailers, which is terrible marketing for local stores. This ban makes our city and our city government look incredibly foolish and petty. Re this city bag ban, it should be revoked or sent to the voters for approval /disapproval. It's just another example of how difficult the city council makes it to do business in Eugene. It makes us want to do business in Springfield, where they don't have these foolish ordinances. Suzanne L. Penegor 3187 Wolf Meadows Ln. Eugene, OR 97408 From: Blick Family blick37 @comcast.net Sent: Wed 6/5/2013 11:33 PM To: *Eugene Mayor, City Council, and City Manager Subject: Please protect the bag fee! Dear Mayor and Council- I am writing to ask you to please protect the fee on single use paper bags. There is no need to exempt anyone. Anyone can pay a dollar for a re- useable bag (now available everywhere) that can be used hundreds of times. I have some re- usable bags that I bought at a thrift store and have been using for over 20 years. Thank you for supporting the ban and providing everyone with the incentive to do the right thing for our planet and our future. Sincerely, Sharon Blick From: murphyj murphvi @uoregon.edu Sent: Wed 6/5/2013 10:06 PM To: *Eugene Mayor, City Council, and City Manager Subject: the paper bag fee -- let's keep it, please Dear Mayor and Council- I am writing to ask you to please protect the fee on single use paper bags. I understand it's a hardship (at first) for many low income people. Perhaps those who use a SNAP card (what we used to call food stamps) could be exempt. Years ago, I met a newcomer from Germany, who had come to the U.S. equipped with an easy -to -use woven net bag to carry home his groceries in. He was amazed to find that Americans didn't carry bags to the store, that we expected everything we bought to be put in a bag for us. "What do you do with all those bags ?" he asked. "We just throw them away," I said. Let's not do that any more. Jean Murphy 585 West 26th Eugene 97405 From: John Winquist johnwinquist @mail.com Sent: Wednesday, June 05, 2013 8:06 PM To: *Eugene Mayor, City Council, and City Manager Subject: Please protect the bag fee- Dear Mayor and Council- I am writing to ask you to please protect the fee on single use paper bags, and work to make the policy more fair and equitable by exempting those on food benefits. Thank you for supporting the ban and working to make this policy the best it can be for our community. Sincerely, Pem and John Winquist From: Carol Pratt [ mai Ito: icpratt @efn.org Sent: Wednesday, June 05, 2013 1:00 PM To: *Eugene Mayor, City Council, and City Manager Subject: Please protect the bag fee- Dear Mayor and Council - I have lived a good while in Ireland, since they enacted legislation similar to the new program here. The only plastic bags allowed to be used free are for meat, poultry, fish, and fresh produce. Everything else is either not available or costs 22 cents (euro- cents!). This change was made very quickly about 3 years ago, and it has not caused enough disruption to be a concern. The number of bags littered has fallen to near zero. Most people carry their own cloth bags to use for carrying groceries. We can do the same! I am writing to ask you to please protect the fee on single use paper bags, and work to make the policy more fair and equitable by exempting those on food benefits. Thank you for supporting the ban and working to make this policy the best it can be for our community. Sincerely, Carol Pratt - - - -- Original Message---- - From: Joshua Welch [ mailto:ioshuawelch @comcast.net Sent: Wednesday, June 05, 2013 11:22 AM To: *Eugene Mayor, City Council, and City Manager Subject: Disposable bag fee Please keep the fee. Although the fee is too low to begin with, it remans an important incentive to help move us away from disposable bags. Thank you, Joshua Welch From: Edward Craig [ mailto:eperaig @gmail.com Sent: Wednesday, June 05, 2013 10:41 AM To: *Eugene Mayor, City Council, and City Manager Subject: Please protect the bag fee- Dear Mayor and Council- I am writing to ask you to please protect the fee on single use paper bags, and work to make the policy more fair and equitable by exempting those on food benefits. Thank you for supporting the ban and working to make this policy the best it can be for our community.