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ORDINANCE 2219 <br />ORDINANCE OF THE TOWN OF LOS GATOS TO ADD A NEW ARTICLE IV TO CHAPTER <br />11 TO THE TOWN OF LOS GATOS MUNICIPAL CODE ENTITLED <br />"SINGLE -USE CARRY -OUT BAGS" <br />THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: <br />SECTION I <br />Chapter 11 of the Los Gatos Town Code is amended to add a new Article IV (11.40.0 10 through <br />11.040.070) shall read as fully set forth on Exhibit A. <br />SECTION H <br />In the event that any part of this ordinance is held to be invalid, the invalid pail or parts shall be <br />severed from the remaining portion of the ordinance which shall remain in full force and effect. <br />SECTION HI <br />It is the intent of the Town Council of the Town of Los Gatos to supplement State and Federal <br />law and to not duplicate or contradict such law, and this ordinance shall be construed consistently with <br />that intention. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason <br />held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of <br />this ordinance. The Town Council hereby declares that it would have passed this ordinance and each <br />section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more <br />sections, subsection, sentences, clauses, or phrases be declared unconstitutional. <br />SECTION IV <br />On October 23, 2012, the County of San Mateo certified a Final Program Environmental Impact <br />Report ( "EIR") that analyzed the impacts of this reusable bag ordinance if adopted in cities throughout the <br />County of San Mateo as well as neighboring jurisdictions. The FIR was certified pursuant to the <br />California Environmental Quality Act, Public Resources Code Section 21000 et seq. ( "CEQA') and the <br />CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. It is incorporated by <br />reference herein. <br />Pursuant to Section 15096 of the CEQA Guidelines, the Town of Los Gatos acts as a responsible <br />agency for adoption of this ordinance within the Town of Los Gatos. Upon independent review of the <br />EIR and all evidence before it, the Town Council makes the following findings: <br />1. The Final Program Environmental Impact Report ( "Final Program EIR ") is complete, <br />correct, adequate, and prepared in accordance with CEQA, 14 California Code of Regulations, <br />Section 15000 et seq. ( "CEQA Guidelines "), and the public comment period; and <br />2. On the basis of the Initial Study, Notice of Preparation, Filial Program EIR, and public <br />comment received by both the County of San Mateo and the Town of Los Gatos, there is no <br />