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Resolution No. 2022-28 | Enforcement of AB 1276 | Adopted 05/16/2022RESOLUTION NO. 2022-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE ENFORCEMENT OF ASSEMBLY BILL NO. 1276 PROHIBITING FOOD FACILITIES FROM PROVIDING ANY SINGLE-USE FOODWARE ACCESSORY OR STANDARD CONDIMENT UNDER CERTAIN CONDITIONS WHEREAS, the City of Gilroy (“City”), is a municipal corporation duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, The California State Legislature has recognized that littered plastic products have caused and continue to cause significant environmental harm and has enacted Assembly Bill No. 1276 (“AB 1276”), which prohibits food facilities from providing any single-use food ware accessory or standard condiment to a consumer unless requested by the consumer; and WHEREAS, the State of California requires cities to on or before June 1, 2022, authorize an enforcement agency to enforce the provisions of AB 1276 (California Public Resources Code Section 42270 - 42273); and WHEREAS, the City Council determines that adoption of this resolution is in the public interest. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gilroy does hereby find, determine, resolve and order as follows: Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct. Section 2. Approval and Authorization. The City Council does further resolve, order and or direct as follows: 1. Authorizes the Community Development Director and/or their designee(s) to serve as the enforcement agency for the City of Gilroy. Section 3. This resolution shall take effect immediately upon adoption. DocuSign Envelope ID: 9D4E2D2E-709A-4214-9FC3-EC123962C34E Resolution No. 2022-28 Enforcement of AB 1276 City Council Regular Meeting | May 16, 2022 PASSED AND ADOPTED this 16th day of May 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, HILTON, LEROE- MUÑOZ, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: BRACCO ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk DocuSign Envelope ID: 9D4E2D2E-709A-4214-9FC3-EC123962C34E CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2022-28 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, May 16, 2022, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, May 16, 2022. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal) DocuSign Envelope ID: 9D4E2D2E-709A-4214-9FC3-EC123962C34E