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
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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)
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