TITLE
Recommendation to adopt resolution adopting a Statement of Overriding Considerations relating to Ordinance No. ORD-11-0009 banning plastic carryout bags in the City of Long Beach. (Citywide)
DISCUSSION
On May 17, 2011, the City Council adopted an ordinance banning plastic carryout bags from certain stores located in the City of Long Beach. The adopted ordinance also promoted and encouraged the use of reusable bags in lieu of plastic carryout bags. The adopted ordinance and associated environmetnal review were modeled after similar actions that had been taken by the County of Los Angeles in November 2010.
After passage of the City's "bag ban" ordinance, litigation was filed against the City challenging, in part, the City's environmental review of the proposed ordinance (Save the Plastic Bag Coalition v. City of Long Beach, et al., LASC Case No. BS132500). If passed by the City Council, the attached resolution will result in the full dismissal of the pending litigation. The ordinance passed by the City Council in May 2011 will remain intact. The proposed resolution adopts the "Statement of Overriding Considerations" that was adopted by the County at the time the County adopted its "bag ban" ordinance in November 2011. This item received tentative approval at a closed session held on August 16, 2011.
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONG BEACH ADOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE LOS ANGELES COUNTY FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) RELATING TO THE ADOPTION OF ORDINANCE NO. ORD-11-00009 BANNING PLASTIC CARRYOUT BAGS IN THE CITY OF LONG BEACH
Respectfully Submitted,
ROBERT E. SHANNON, City Attorney
By
MICHAEL J. MAIS
Assistant City Attorney