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Single-Use Bag Ordinance CC PH 8.19.13Regulation of Single-Use Carryout Bags Public Hearing Town of Los Gatos August 19, 2013 1 October 2009 County-wide single-use carryout ban recommendation for fifteen cities July 2012 Town of Los Gatos Sustainability Plan adopted May 6, 2013 Study Session Direction to develop draft ordinance Background 2 Regional Efforts San Mateo County EIR Served as the Lead Agency for EIR 24 cities participated Analyzed environmental effects of a Reusable Bag Ordinance Provides uniform, consistent regulations in a broad geographical area Los Gatos draft ordinance consistent with Final EIR 3 CEQA Environmental Review Draft EIR issued on June 22, 2012 Seven public workshops were held Copies made available at Library & Town’s Website Final EIR issued on August 31, 2012 Copies made available at Library & Town’s Website 4 Final EIR certified October 23, 2012 Volume of bags in Study Area 552M bags per year Los Gatos: 16M per year 95% of volume replaced by paper and reusable bags 5% (27.6M) exempt plastic bags still used each year CEQA Findings 5 Environmental Impacts CEQA Findings of Fact Beneficial and Less than Significant Impacts Zero Negative Impacts Beneficial Impact Air Quality Biological Resources Hydrology/Water Quality Less Than Significant Impact GHG Emissions Utilities and Service Systems No mitigations required 6 Public Input Process Direct mailing to 739 business license holders Three Public Input Meetings Held Emails to Meeting attendees, Interested Parties & What’s New List Serve Posting on Town website & Los Gatos Nextdoor Distributed to Town Boards, Commissions & LGS Recreation Notices in LG Weekly & Patch 7 Proposed Ordinance Bans single-use carryout bags at all retail businesses selling clothes, food and personal items to consumers Except restaurants and non profit charitable thrifts Allows protective bags for produce, meat, prescriptions, newspapers, dry-cleaning, live fish, and greeting cards Requires minimum charge of $0.10 for paper or reusable carryout bags (Increases to $0.25 on or after January 1, 2015) Exempts State’s supplemental food stamp program recipients Retailers keep the money from paper and reusable bag sales Retailers must itemize bag sales on store receipts Retailers must keep records for 3 years, and provide records if requested by the Town 8 Intent of the Ordinance Reduce environmental impacts and pollution Deter the use of paper bags Promote a shift toward reusable bags Avoid litter and other impacts to stormwater systems, aesthetics and marine environment Reduce litter clean-up costs Meet trash reduction requirements of Town’s Municipal Regional Stormwater Permit 9 Implementation February 3, 2014 Outreach campaign Retailers Residents 10 Alternatives Do not introduce the Single-Use Carryout Bag Ordinance. Modify Single-Use Carryout Bag Ordinance; additional Environmental Review may be required depending on modification. 11 Recommendations Adopt a resolution determining the Program EIR prepared by the County of San Mateo for the Reusable Bag Ordinance be found adequate for the Town of Los Gatos action; and adopting the California Environmental Quality Act findings of fact for addition of Chapter 11.40 to the Town of Los Gatos Municipal Code regarding single-use carryout bags. Introduce an ordinance of the Town of Los Gatos to add a new Article IV to Chapter 11 to the Town of Los Gatos Municipal Code entitled single-use carryout bags. 12