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DATE:
TO:
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COUNCIL AGENDA REPORT
DECEMBER 4, 2014
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER)
MEETING DATE: 12/16/14
ITEM NO:
SUBJECT: ADOPT ORDINANCE 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:
Adopt an ordinance amending Chapter 11 related to Single -Use Carry-Out Bags that was
introduced at the Town Council meeting of December 2, 2014.
BACKGROUND:
On December 2, 2014, Council introduced an ordinance, which amends Chapter 11 of the Town
of Los Gatos Municipal Code related to Single -Use Carry-Out Bags.
DISCUSSION:
At its meeting of December 2, 2014, the Town Council held a public hearing to consider
amending Chapter 11 of the Town of Los Gatos Municipal Code to amend section 11.40.030
maintaining the minimum required charge for recycled paper bags or reusable bags at ten cents.
CONCLUSION:
Council adoption of the ordinance amendment will maintain the minimum required charge for
recycled paper bags or reusable bags at ten cents.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
PREPARED BY: CHRISTINA GILMORE &Y
Assistant to the Town Manager
Reviewed by: _V& Assistant Town Manager _W frown Attorney
NAMGRV.dminWorkFi1m\2014 Comeil Reports\Dm 16\Re ble Bags Ordinance Amendent -2nd Reading 12.16.14.docx
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
CHAPTER 11 OF THE TOWN OF LOS GATOS MUNICIPAL CODE RELATED
TO SINGLE -USE CARRY -OUT BAGS
DECEMBER 4, 2014
FISCAL IMPACT:
There is no fiscal impact associated with this ordinance change.
Attachments:
1. Redline Ordinance of the Town of Los Gatos Amending Chapter 11 of the Town of Los
Gatos Municipal Code related to Single -Use Carry -Out Bags
2. Ordinance of the Town of Los Gatos Amending Chapter 11 of the Town of Los Gatos
Municipal Code related to Single -Use Carry-Out Bags
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:
1 9.'»011.40.030 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.
djc)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.
e3AL_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, 20143 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, 20143. This ordinance takes effect 30 days after it is adopted.
ATTACHMENTI
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
R_ UMISITA0 71
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:
11.40.030 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
Calftesh 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, 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
December 16, 2014. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTACHMENT 2
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
Town Clerk Administrator