Introduce Ordinance Amending Chapter 11 Relating to Single-Use Carry-Out Bagsj�
DATE:
I1Li�I
FROM:
MEETING DATE: 12/02/14
ITEM NO: 9
COUNCIL AGENDA REPORT
NOVEMBER 24, 2014
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
SUBJECT: INTRODUCE AN ORDINANCE AMENDMENT OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 11 OF THE TOWN OF LOS GATOS MUNICIPAL CODE
RELATED TO SINGLE -USE CARRY -OUT BAGS
RECOMMENDATION:
Introduce an ordinance amendment of the Town of Los Gatos to amend section 11.40.020 of the Town
of Los Gatos Municipal Code entitled Single -Use Carry-Out Bags. (Attachment 3)
After opening and closing the public hearing, the Town Council by motion and majority vote:
Introduce the first reading of the ordinance amending single -use carry-out bags, by title and summary
only, and instruct the Clerk to publish a summary no more than five days prior to the adoption.
ALTERNATIVES:
Instead of the action above, the Council may:
1. Not amend the Single -Use Carry-Out Bag Ordinance; or
2. Provide other direction.
BACKGROUND:
On September 3, 2013, the Town Council adopted an ordinance to ban single -use carry -out bags
effective February 3, 2014. The regulation prohibited retail establishments from providing customers
with single -use carry-out bags, except the sale of recycled content paper bags at a minimum charge of
10 cents. An increase to the minimum sale price that stores must charge for recycled content paper
bags from 10 cents to 25 cent is currently required effective January 1, 2015.
PREPARED BY:
Reviewed by:
CHRISTINA GILMORE6�
Assistant to the Town Manager
Town Manager Town Attorney
NAMGR\AdmmWorkFi1w\2014 Council Reports\Dec Mingle -Use Carry-Out Bag Amendment Staff Report 12.2.14.docx
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCE AN ORDINANCE AMENDMENT OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 11 OF THE TOWN OF LOS GATOS MUNICIPAL CODE
RELATED TO SINGLE -USE CARRY -OUT BAGS
NOVEMBER 24, 2014
DISCUSSION:
The scheduled increase to the minimum charge for recycled content paper bags was initially proposed
to mitigate the potential increase in the use of single -use paper bags and to encourage the switch to
reusable bags due to the ban on single -use plastic bags.
Since the implementation of the Town's single -use carry -out bag ordinance, the State has adopted
legislation (SB 270) that would prohibit the use of single -use plastic grocery bags in supermarkets and
drugstores starting July 1, 2015. By July 1, 2016, smaller grocery stores and convenience stores must
also comply with the requirements. Other bags, (paper, reusable, and in some jurisdictions,
compostable) are allowed only with a 10 cent minimum charge. Local ordinances adopted before
September 1, 2014, would be protected under a grandfathering clause.
The nearby communities of San Jose, Sunnyvale, Mountain View, Cupertino, Los Altos and
Campbell, who originally had similar 25 cents per bag fee increases scheduled, have amended their
ordinances to keep the bag fee at 10 cents, primarily due to observations by these agencies that there
has been no significant increase in paper bag usage since the single -use carry-out bag ordinances have
been implemented. In Morgan Hill and Palo Alto, no amendment was necessary as their ordinances
did not include an increase to 25 cents. The City of Santa Clara recently adopted a bag ordinance with
a minimum 10 cent bag charge and no automatic increase. The Santa Clara County ordinance, which
regulates the unincorporated areas, also does not include a fee increase; however, the minimum bag
charge is 15 cents.
CONCLUSION:
Staff recommends that the Town Council amend the Single -Use Carry-Out Bag Ordinance to eliminate
the 25 cent fee increase effective January 1, 2015, and keep the 10 cent bag fee in place to be
consistent with State law and neighboring communities.
ENVIRONMENTAL ASSESSMENT:
Under the California Environmental Quality Act (CEQA), no additional environmental review is
required. The Town's Ordinance is based on San Mateo County's model ordinance, which was
evaluated in San Mateo County's Environmental Impact Report. The EIR evaluated effects from both
the 10 cent minimum fee and the 25 cent minimum fee. Although the 25 cent fee was considered
"environmentally superior ", the 10 cent fee was determined not to have any significant impacts.
Therefore, the proposed amendment to the Town's ordinance to eliminate the increase in the minimum
fee from 10 cents to 25 cents is similar to the project considered in the County of San Mateo's EIR and
no additional CEQA analysis is warranted.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCE AN ORDINANCE AMENDMENT OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 11 OF THE TOWN OF LOS GATOS MUNICIPAL CODE
RELATED TO SINGLE -USE CARRY -OUT BAGS
NOVEMBER 24, 2014
FISCAL IMPACT:
There is no fiscal impact to the Town because all bag charges are retained by the retailer.
Attachments:
1. Reusable Bag Ordinance, Adopted September 3, 2013
2. Redline Ordinance Amendment
3. Draft Ordinance Amendment
THIS PAGE
INTENTIONALLY
LEFT BLANK
ORDINANCE 2219
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 CARRY -OUT BAGS"
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Chapter 11 of the Los Gatos Town Code is amended to add a new Article IV (11.40.0 10 through
11.040.070) shall read as fully set forth on Exhibit A.
SECTION II
In the event that any part of this ordinance is held to be invalid, the invalid part or parts shall be
severed from the remaining portion of the ordinance which shall remain in full force and effect.
SECTION III
It is the intent of the Town Council of the Town of Los Gatos to supplement State and Federal
law and to not duplicate or contradict such law, and this ordinance shall be construed consistently with
that intention. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason
held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of
this ordinance. The Town Council hereby declares that it would have passed this ordinance and each
section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more
sections, subsection, sentences, clauses, or phrases be declared unconstitutional.
SECTION IV
On October 23, 2012, the County of San Mateo certified a Final Program Environmental Impact
Report (`BIR ") that analyzed the impacts of this reusable bag ordinance if adopted in cities throughout the
County of San Mateo as well as neighboring jurisdictions. The EIR was certified pursuant to the
California Environmental Quality Act, Public Resources Code Section 21000 et seq. ( "CEQA') and the
CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. It is incorporated by
reference herein.
Pursuant to Section 15096 of the CEQA Guidelines, the Town of Los Gatos acts as a responsible
agency for adoption of this ordinance within the Town of Los Gatos. Upon independent review of the
EIR and all evidence before it, the Town Council makes the following findings:
1. The Final Program Environmental Impact Report ("Final Program EIR ") is complete,
correct, adequate, and prepared in accordance with CEQA, 14 California Code of Regulations,
Section 15000 et seq. ( "CEQA Guidelines "), and the public comment period; and
2. On the basis of the Initial Study, Notice of Preparation, Final Program FIR, and public
comment received by both the County of San Mateo and the Town of Los Gatos, there is no
ATTACHMENT 1
substantial evidence that the project as proposed will have a significant effect on the environment;
and
3. Adoption of this ordinance and analysis of the EIR reflects the independent judgment of
the Town Council of the Town of Los Gatos; and
4. None of the conditions listed in CEQA Guidelines, Section 15162(a) are applicable to
adoption of this ordinance, and adoption of this ordinance is an activity that is part of the program
examined by the County's Final Program EIR and is within the scope of the project described in the
County's Final Program EIR; and
5. A Notice of Determination shall be filed pursuant to CEQA Guidelines, Sections 15094
and 15096.
SECTION V
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on August 19, 2013, and adopted by the following vote as an ordinance of the Town of Los Gatos
at a regular meeting of the Town Council of the Town of Los Gatos on September 3, 2013. This
ordinance shall be effective on February 3, 2014.
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steven Leonardis, Diane McNutt, Joe Pirzynski, and Mayor Barbara Spector
NAYS:
ABSENT:
ABSTAIN:
SIGNED: CL., br'Q
MAYOR THE TOWN OF LOS GATOS
\ LQS TOS, CALIFORNIA
ATTES • I
CL RK AD ISTRATO OF THE TOWN OF LOS GATOS
LOS , CALIFORNIA
ARTICLE IV. SINGLE -USE CARRY -OUT BAGS
Sec.
11.40.010
Findings and purpose.
Sec.
11.40.015
Definitions.
Sec.
11.40.020
Implementation Date,
Sec.
11.40.030
Single use carry-out bag.
Sec.
11.40.040
Record keeping and Inspection.
Sec.
11.40.050
Exemptions.
Sec.
11.40.060
Enforcement
Sec.
11.40.070
Severability
Sec. 11.40.010 Findings and purpose.
The Town Council finds and determines that:
(a) The use of single -use, carry -out bags by consumers at retail establishments is detrimental to the
environment, public health, and welfare.
(b) The manufacture and distribution of single -use, carry-out bags requires utilization of natural
resources and results in the generation of greenhouse gas emissions.
(c) Single -use, cagy -out bags contribute to environmental problems, including litter in storm drains,
creeks, the Bay, and the ocean.
(d) Single -use, carry-out bags provided by retail establishments impose unseen costs on consumers,
local governments, the state, and taxpayers, and constitute a public nuisance.
This Council does, accordingly, find and declare that it should restrict the flee distribution of single -
use, carry -out bags.
See. 11.40.015 Definitions.
Customer means any person obtaining goods from a retail establishment.
Garment Bag means a travel bag made of pliable, durable material with or without a handle,
designed to hang straight or fold double and used to carry suits, dresses, coats, or the like without
crushing or wrinkling the same.
Nonprofit charitable reuser means a charitable organization, as defined in Section 501(c)(3) of
the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization,
that reuses and recycles donated goods or materials and receives more than fifty percent (50 %) of its
revenues from the handling and sale of those donated goods or materials,
Person means any natural person, firm, corporation, partnership, or other organization or group
however organized.
Prepared food means foods or beverages which are prepared on the premises by cooking,
chopping, slicing, mixing, freezing, or squeezing, and which requires no further preparation to be
consumed. Prepared food does not include any raw, uncooked meat product, or fruits or vegetables
which are chopped, squeezed, or mixed.
Public eating establishment means a restaurant, take -out food establishment, or any other
business that receives ninety percent (90 %) or more of its revenue from the sale of prepared food to be
eaten on or off its premises.
Recycled paper bag means a paper bag provided at the check stand, cash register, point -of -sale, or
other point of departure for the purpose of transporting food or merchandise out of the establishment that
contains no old - growth fiber and a minimum of forty percent (40 %) post - consumer recycled content; is
one hundred percent (100 %) recyclable; and has printed in a highly visible manner on the outside of the
bag the words "Reusable" and "Recyclable," the name and location of the manufacturer, and the
percentage of post - consumer recycled content.
Retail establishment means any commercial establishment that sells perishable or nonperishable
goods, including, but not limited to, clothing, food, and personal items directly to the consumer; and is
located within or doing business within the geographical limits of the Town of Los Gatos. Retail
establishment does not include public eating establishments or nonprofit charitable reusers.
Reusable bag means either a bag made of cloth or other machine washable fabric that has
handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed
and manufactured for multiple reuse. A garment bag may meet the above criteria regardless of whether it
has handles or not.
Single -use, carry -out bag means a bag other than a reusable bag provided at the check stand, cash
register, point -of -sale, or other point of departure, including departments within a retail establishment, for
the purpose of transporting food or merchandise out of the establishment. Single -use, carry -out bags do
not include bags without handles provided to the customer: (1) to transport prepared food, produce, bulk
food, or meat from a department within a retail establishment to the point -of -sale; (2) to hold prescription
medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or
contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag.
Sec. 11.40.020 Implementation Date.
This Chapter shall be effected and implemented beginning on February 3, 2014.
Sec. 11.40.030 Single -use carry -out bag.
A. No person or retail establishment shall provide a single -use, carry -out bag to a customer at the
check stand, cash register, point -of -sale, or other point of departure for the purpose of
transporting food or merchandise out of the establishment, except as provided in Chapter 11,
Article 1V.
B. On or before December 31, 2014, a retail establishment may only make recycled paper bags or
reusable bags available to customers if the retailer charges a minimum often cents ($0.10) per
bag.
C. On or after January 1, 2015, retail establishment may only make recycled paper bags or reusable
bags available to customers if the retailer charges a minimum of twenty -five cents ($0.25) per
bag.
D. Notwithstanding this section, no retail establishment may make available for sale a recycled paper
bag or a reusable bag unless the amount of the sale of such bag is separately itemized on the sales
receipt.
E. A retail establishment may provide (1) one or more recycled paper bags at a no cost to any of the
following individuals: a customer participating in the California Special Supplement Food
Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section
123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; a customer
participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with
Section 155 00) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a
customer participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of
Part 6 of Division 9 of the California Welfare and Institutions Code.
Sec. 11.40.040 Recordkeeping and inspection.
Every retail establishment shall keep a record or documents of the purchase and sale of any recycled
paper bag or reusable bag by the retail establishment for a minimum period of three (3) years from the
date of purchase and sale, which record shall be available for inspection at no cost to the Town during
regular business hours by any Town employee authorized to enforce this part. Unless an alternative
location or method of review is mutually agreed upon, the records or documents shall be available at
the retail establishment address within the Town of Los Gatos. The provision of false information,
including incomplete records or documents to the Town, shall be a violation of this Chapter."
Sec. 11.40.050 Exemptions.
The provisions of this Chapter shall not apply in the following circumstances where:
(a) A plastic or paper canyout bag with or without handles is provided by a public eating
establishment to transport prepared food;
(b) A plastic or paper bag with or without handles is provided by a nonprofit charitable
reuser,
(c) A plastic or paper bag without handles is provided to transport prepared food, produce,
bulk food, or meat from a department within a retail establishment to the point of sale;
(d) A plastic or paper bag without handles is provided to hold prescription medication
dispensed from a pharmacy;
(e) A plastic or paper bag without handles is used to segregate food or merchandise that
could damage or contaminate other food or merchandise when placed together in a reusable bag or
recycled bag;
(f) A garment bag or garment cover used to protect and transport clothing or other textiles.
Sec. 11.40.060: Enforcement and violation -- penalty.
(a) The Town Manager, or his or her designee, has primary responsibility for enforcement of
this Chapter. The Town Manager is authorized to promulgate regulations and to take any and all
other actions reasonable and necessary to enforce this Chapter, including, but not limited to,
investigating violations, issuing fines, and entering the premises of any retail establishment during
business hours.
(b) If the Town Manager or his or her designee determines that a violation of this Chapter
has occurred, he/she will issue a written warning notice to the operator of a retail establishment that a
violation has occurred and the potential penalties that will apply for firtum violations.
(c) Any retail establishment that violates or fails to comply with any of the requirements of
this Chapter after a written warning notice has been issued for that violation shall be guilty of an
infraction.
(d) If a retail establishment has subsequent violations of this Chapter, the following penalties
as contained in Resolution 2004 -97, will be imposed and shall be payable by the operator of the retail
establishment:
(1) One hundred dollars ($100.00) for a first violation;
(2) Two hundred dollars ($200.00) for a second violation within one year;
(3) Five hundred dollars ($500.00) for each additional violation within one year.
(e) Any recipient of an administrative citation may contest the citation by completing a
request for hearing form and returning it to the Town within thirty (30) days from the date of the
administrative citation, as described in section 1.30.035 of this Code.
Sec. 11.40.070: Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held
invalid or unconstitutional, such portion shall be deemed separate, distinct and independent provision and
such decision shall not affect the validity of the remaining portion thereof.
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS AMENDING SECTION 11.40.030 OF CHAPTER 11
ARTICLE IV OF THE TOWN OF LOS GATOS TOWN CODE
RELATING TO THE REGULATION OF SINGLE -USE CARRYOUT BAGS
The Town Council of the Town of Los Gatos does hereby ordain that Section 11.40.030
be amended as follows:
9.17.130 Single -Use Carryout Bag.
a) No person or retail establishment shall provide a single -use carryout bag to a
customer at the check stand, cash register, point -of -sale or other point of departure
for the purpose of transporting food or merchandise out of the establishment, except
as provided in chapter 11, article IV.
b) On or before December 31, 2014, a retail establishment may only make recycled
paper bags or reusable bags available to customers if the retailer charges a minimum
of ten cents ($0.10) per bag.
e) On of afief january 1, , establishment may J reeyeled Y °Ye b
or feusable bags available to eustamers if the retailer ehafges a minimum Of tWeHty
five eents ($0.25) per- bag.
d-)�)_Notwithstanding this section, no retail establishment may make available for
sale a recycled paper bag unless the amount of the sale of such bag is separately
itemized on the sale receipt.
eldd _A retail establishment may provide one (1) or more recycled paper bags at no
cost to any of the following individuals: a customer participating in the California
Special Supplement Food Program for Women, Infants, and Children pursuant to
Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106
of the Health and Safety Code; a customer participating in the Supplemental Food
Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of
Division 9 of the California Welfare and Institutions Code; and a customer
participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900)
of Part 6 of Division 9 of the California Welfare and Institutions Code.
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on December 2, 2013 and adopted by the following vote as an ordinance of the Town
of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
December 16, 2013. This ordinance takes effect 30 days after it is adopted.
ATTACHMENT
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
Town Clerk Administrator
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS AMENDING SECTION 11.40.030 OF CHAPTER 11
ARTICLE IV OF THE TOWN OF LOS GATOS TOWN CODE
RELATING TO THE REGULATION OF SINGLE -USE CARRYOUT BAGS
The Town Council of the Town of Los Gatos does hereby ordain that Section 11.40.030
be amended as follows:
9.17.130 Single -Use Carryout Bag.
a) No person or retail establishment shall provide a single -use carryout bag to a
customer at the check stand, cash register, point -of -sale or other point of departure
for the purpose of transporting food or merchandise out of the establishment, except
as provided in chapter 11, article IV.
b) On or before December 31, 2014, a retail establishment may only make recycled
paper bags or reusable bags available to customers if the retailer charges a minimum
of ten cents ($0.10) per bag.
c) Notwithstanding this section, no retail establishment may make available for sale a
recycled paper bag unless the amount of the sale of such bag is separately itemized
on the sale receipt.
d) A retail establishment may provide one (1) or more recycled paper bags at no cost to
any of the following individuals: a customer participating in the California Special
Supplement Food Program for Women, Infants, and Children pursuant to Article 2
(commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the
Health and Safety Code; a customer participating in the Supplemental Food Program
pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of
the California Welfare and Institutions Code; and a customer participating in
Calfresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of
Division 9 of the California Welfare and hnstitutions Code.
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on December 2, 2013 and adopted by the following vote as an ordinance of the Town
of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
December 16, 2013. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTACHMENT
APPROVED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
Town Clerk Administrator