Attachments 2-4ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE IH TO CHAPTER
10 OF THE TOWN OF LOS GATOS MUNICIPAL CODE TO PROHIBIT THE USE OF
POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE CONTAINER -WAR BY FOOD
PROVIDERS
THE TOWN COUNCIL, OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Chapter 10 of the Los Gatos Town Code is amended to add Article III, Section (10.30.010-
10.30.75) shall read as fully set forth on Exhibit A.
SECTION H
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 IH
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 August 27, 2013, the City of San Jose certified a Program Initial Study ( "IS ") that analyzed
the impacts of this expanded polystyrene foam food service container -ware ordinance if adopted in cities
throughout the County of Santa Clara 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 Program Initial Study and Negative Declaration ( "Initial Study/Negative
Declaration ") 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
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2. On the basis of the Program Initial Study, Negative Declaration, and public comment
received by both the City of San Jose and the Town of Los Gatos, there is no 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 IS 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 City's Program IS and is within the scope of the project described in the City's Final
Program IS; 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 December 2, 2014 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 2014. This
ordinance shall be effective on June 1, 2015.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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CHAPTER 10
ARTICLE IH
EXPANDED POLYSTYRENE FOAM FOOD SERVICE CONTAINER -WARE
Sec.
10.30.010
Findings and purpose.
Sec.
10.30.015
Definitions.
Sec.
10.30.020
Implementation Date.
Sec.
10.30.025
Polystyrene Foam Disposable Food Service Ware Prohibited.
Sec.
10.30.030
Exemptions.
Sec.
10.30.035
Administrative Penalty.
Sec.
10.30.040
Severability
See. 10.30.010 Findings and purpose.
The Town Council finds and determines that:
(a) Plastic debris and in particular expanded polystyrene foam ( "EPS ") is a distinctive litter concern
because it is lightweight, floats, and readily travels from land to inland waterways and out to the
ocean where it breaks down into small pieces to be mistaken for food by birds and other marine
wildlife.
(b) EPS disposable food service ware comprises a majority of EPS litter observed in storm drains.
(c) The proposed ban of EPS disposable food service ware would require food providers to use
alternative disposable food service ware that should result in a reduction of EPS litter, reduce the
reis of harm to aquatic wildlife, and improve water quality in the Town of Los Gatos creeks and
Southern San Francisco Bay.
This Council does, accordingly, find and declare that it should restrict the free distribution of single
use, carry-out bags.
Sec. 10.30.015 Definitions.
Customer means any person obtaining prepared food from a food provider.
Disposable food service ware or food container means a container or single -use disposable
product that is used, or intended to be used, to hold prepared food. Disposable food service ware or food
container includes, but is not limited to, plates, trays, cups, bowls, and hinged or lidded containers
(clamshells). Disposable food service ware does not include straws, utensils or drink lids.
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Food provider means any establishment, vendor, business, organization, entity, group or
individual located or operating in the Town of Los Gatos that offers prepared food or beverages,
regardless of whether there is a charge for the food or beverage; (1) to the public for consumption on or
off its premises; (2) as a catered event; and/or (3) at cafeterias of private schools and places of
employment, whether or not such establishments are open to the general public. Food provider includes,
but is not limited to, Town - sponsored events, Town - permitted events, restaurants, retail food
establishments, caterers, cafeterias, stores, shops, sales outlets, grocery stores, pubs, coffee shops,
convenience stores, liquor stores, supermarkets, delicatessens, fraternal clubs serving the public, itinerant
restaurants, mobile food vendors, vehicles or carts, or roadside stands.
Vendor means any store or business which sells or offers goods or merchandise, located or
operating within the Town of Los Gatos.
Polystyrene foam means the thermoplastic petrochemical material made from a styrene monomer
and expanded or blown using a gaseous agent (expanded polystyrene) including, but not limited to, fusion
of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion -blow
molding (extruded foam polystyrene). Polystyrene foam is commonly made into disposable food service
ware products. Polystyrene foam does not include clear or solid polystyrene (oriented polystyrene).
Prepared food means food or beverages that are packaged, cooked, chopped, sliced, mixed,
brewed, frozen, squeezed or otherwise prepared on the premises. Prepared food does not include (1) any
raw, uncooked meat products or fruits or vegetables unless it can be consumed without further
preparation; or (2) prepackaged food that is delivered to the food vendor wholly encased, contained or
packaged in a container or wrapper, and sold or otherwise provided by the food vendor in the same
container or packaging.
Sec. 10.30.020 Implementation Date.
This Chapter shall be effected and implemented beginning on June 1, 2015.
Sec. 10.10.060 Polystyrene Foam Disposable Food Service Ware Prohibited.
A. On or after June 1, 2015, a food provider shall not dispense prepared food to a customer in a
polystyrene foam food container.
Sec. 10.30.025 Exemption to the Polystyrene Foam Disposable Food Service Ware
Prohibition.
A. Raw eggs and raw, butchered meat, fish, or poultry that is sold from a butcher case or a similar
retail appliance.
B. A food provider may seek an exemption from the prohibition under Section 10.10.065 due to a
"unique packaging hardship" under Subsection B of this Section or a "financial hardship" under
Subsection C of this Section.
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C. The food provider must demonstrate that no reasonably feasible alternative exist to a specific and
unique polystyrene foam disposable food service ware to qualify for a "unique packaging
hardship" exemption.
D. The food provider must demonstrate both of the following to qualify for a "financial hardship"
exemption: (1) a gross income under $300,000 on their annual income tax filing for the most
recent tax year; and (2) with respect to each specific and necessary polystyrene foam disposable
food service ware, that there is no feasible alternative that would cost the same or less than the
polystyrene foam disposable food service ware.
E. The food provider may submit a written application for an exemption on a form provided by
Public Works. The Director of Public Works ( "Director ") may require the applicant to submit
additional information or documentation to make a determination regarding the exemption
requested. A request for exemption shall be reviewed on a case by case basis, and may be
granted in whole or in part, with or without conditions, for a period of up to twelve (12) months.
The national food vendor or food vendor must apply for a new exemption period no later than
sixty (60) days prior to the expiration of the then current exemption period to preserve a
continuous exemption status. Each application shall be reviewed anew and will be based on the
most current information available. The determination of the Director shall be final and is not
subject to appeal.
Sec. 10.30.030 Administrative Penalty.
A penalty may be imposed upon findings made by the Town's code compliance officer that any food
provider has provided a "disposable food service ware" or "food container" in violation of the Chapter.
The amount of penalty and the penalty procedures are contained in Los Gatos Municipal Code, Article III,
Section 1.30, entitled "Administrative Citations."
Sec. 10.30.040 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.
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Optional Ordinance Language
See. 10.10.050 Definitions.
Disposable food service ware or food container means a container or single -use disposable
product that is used, or intended to be used, to hold prepared food. Disposable food service ware or food
container includes, but is not limited to, plates, trays, cups, bowls, and hinged or lidded containers
(clamshells), and includes polystyrene foam coolers or ice chests which are not wholly encapsulated or
encased within a more durable material. Disposable food service ware does not include straws, utensils or
drink lids.
Vendor means any store or business, organization, or entity that sells or offers goods or
merchandise, located or operating within the Town of Los Gatos.
Sec. 10.10.060 Polystyrene Foam Disposable Food Service Ware Prohibited.
A. On or after June 1, 2015, a food provider shall not dispense prepared food to a customer in a
polystyrene foam food container.
B. On or after June 1, 2015, polystyrene foam food service ware shall not be sold or provided by an y
vendor in the Town of Los Gatos.
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From:
Lenore Grant <lenoregrant @comcast.net>
Sent:
Thursday, July 31, 2014 4:12 PM
To:
Christina Gilmore
Subject:
Foam ordinance
Follow Up Flag:
Follow up
Flag Status:
Completed
Hello, I run a business that provides hot lunch to an elementary school in Los Gatos. I am not against a ban on foam
food service items as long as this change has a real and positive impact on our town and the environment. Without a
compost program, a ban of foam items will have little or no effect; placing compostable food service items in regular
garbage bags and sending them to the dump accomplishes nothing. In order for this ordinance to have any real
meaning, the Town of Los Gatos needs to implement an composting program similar to the one in Palo Alto and
Cupertino. Until this happens, business owners cannot get behind this proposal.
Regards,
Lenore Grant
ATTACHMENT
From: Don Wolf [ mai1to:donwolf20()comcast.net]
Sent: Friday, November 21, 2014 9:13 PM
To: Town Manager
Subject: Trash proposal should be trashed
Dear Town Council,
The proposed prohibition of Styrofoam containers is not needed and should be trashed. This ordinance
would cause a lot of damage to our town with practically no impact on the perceived problem. If there is a
need for this, it should be done by the county, state or federal government. Otherwise, it simply becomes
another piece of bureaucracy that the town administration has to enforce and the merchants in Los Gatos have
to suffer.
If there is a need and higher government puts into place similar rules, the confusion and waste of time
on every bodies part will be for nothing. If nothing is done by higher authorities, then our attack on the problem
is miniscule.
Sincerely,
Don Wolf,
Resident, former Los Gatos merchant and former Chairman of the Board of Los Gatos Chamber of Commerce