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IoW N of MEETING DATE: 8/19/13 M ITEM NO: Hsu„ . tos G Qs COUNCIL AGENDA REPORT DATE: AUGUST 12, 2013 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: REGULATION OF SINGLE -USE CARRYOUT BAGS A. ADOPT A RESOLUTION DETERMINING THE PROGRAM ENVIRONMENTAL IMPACT REPORT 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. B. INTRODUCE AN ORDINANCE OF THE TOWN OF LOS GATOS TO ADD A NEW SECTION 11 TO THE TOWN OF LOS GATOS MUNICIPAL CODE ENTITLED SINGLE -USE CARRYOUT BAGS RECOMMENDATION: 1. Adopt a resolution determining the Program Environmental Impact Report 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. (Attachment 1) 2. Introduce an ordinance of the Town of Los Gatos to add a new section 11 to the Town of Los Gatos Municipal Code entitled single -use carryout bags. (Attachment 2) After opening and closing the public hearing, the Town Council by motion and majority vote: 1. Direct the Clerk to read the title of the ordinance (no motion required). 2. Waive the reading of the ordinance (motion required). 3. Introduce the ordinance regulating single -use carryout bags and instruct the Clerk to publish a summary no more than five days prior to adoption (motion required). PREPARED BY: Christina Gilmore, Assistant to the Town Manager &0 Reviewed by: `A `1 Assistant Town Manager Town Attorney Finance N:\MGR\WdminWorkFiles\2013 Council Reports\Aug 19\Reusable Bag Ordinance \Staff Report Single -use Carryout Bags Ordinance 8.19.13.doex PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: SINGLE -USE CARRYOUT BAG ORDINANCE AUGUST 12, 2013 ALTERNATIVES: Instead of the action ,above, the Council may: • Not introduce the Single -Use Carryout Bag Ordinance, • Modify the Single -Use Carryout Bag Ordinance as desired by Council. Minor changes to the ordinance may not affect the CEQA findings or the effort to achieve regional consistency. However, should the Council desire more significant changes, staff will need to evaluate the need for supplemental CEQA analysis. BACKGROUND: In July 2012, the Town of Los Gatos adopted a sustainability,plan that outlined the Town's existing greenhouse gas emissions (GHG) inventory, identified GHG reduction targets, and established GHG reduction measures to be implemented to meet those reduction targets. Waste reduction efforts in the Solid Waste category included the adoption of an ordinance to ban the use of plastic bags in Los Gatos (SW -8). In October 2009, the Santa Clara County Recycling and Waste Reduction Commission (RWRC), a commission composed of ten elected officials who represent the range of local government solid waste system users and perspectives, recommended that all jurisdictions in the County establish a ban on plastic single -use, carry -out bags and a mandatory charge on paper carry -out bags at retail stores, excluding restaurants and fast -food establishments. In June 2011, the Santa Clara County Cities Association supported this recommendation. At its May 6, 2013 study session; the Town Council directed staff to develop an ordinance to ban plastic single -use, carry -out bags and require a charge for paper carry -out bags at retail establishments, To date, Santa Clara County and seven cities in the County have adopted single - use carryout bag restrictions. DISCUSSION: Regional Effort In September 2011, San Mateo County undertook an Environmental Impact Report (EIR) to examine the potential impacts of regulating the use of plastic bags and developed a proposed ordinance for regional adoption. The Town of Los Gatos and 23 cities in both San Mateo and Santa Clara counties, who were also considering a single use ban ordinance, were invited to participate in a regional approach to the EIR analysis. Municipalities in Santa Clara County who participated in this EIR process included Los Gatos, Milpitas, Cupertino, Los Altos, Campbell and Mountain View. The objectives of the proposed ordinance were: 1. Reduce the amount of single -use bags in trash loads; PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: SINGLE -USE CARRYOUT BAG ORDINANCE AUGUST 12, 2013 2. Reduce the environmental impacts related to single -use plastic carryout bags; 3. Deter the use of paper bags by customers in the respective jurisdictions; 4. Promote a shift toward the use of reusable carryout bags by retail customers in the respective jurisdictions; and 5. Avoid litter and the associated adverse impacts to the stormwater systems, aesthetics and the marine environment. Acting as the lead agency, the County of San Mateo prepared and released-an EIR in June 2012, with the participating municipalities acting as responsible agencies. A Final EIR was released in August 2012 and was certified by the San Mateo County Board of Supervisors in October 2012. By participating in this regional environmental review process, Los Gatos is now able to consider the ordinance developed by San Mateo County and rely on the Final Program EIR to comply with the CEQA requirements in the adoption of its own- bag ordinance. The ordinance being proposed by staff is consistent with the ordinance included in the Final Program EIR. CEQA Findings — Environmental Review San Mateo County, as the lead agency, certified a Program EIR that analyzed the environmental effects of the reusable bag ordinance in the study area. The study area consisted of San Mateo and Santa Clara Counties. Each of the 24 cities, including the Town of Los Gatos, is a responsible agency under CEQA. San Mateo County conducted a series of public workshops to allow public comment and input on the scope of the EIR. Seven public workshops were held in 2012 in the following cities; Half Moon Bay, San Mateo, Mountain View, South San Francisco, Campbell, Milpitas and Mountain View. The Draft EIR was issued with a 45 -day public review period, from June 22, 2012 to August 6, 2012. Copies were made available at the Los Gatos Library and on the Town's website. Public comments and questions regarding the Draft EIR were directed to San Mateo County for response. The Final EIR was issued with a 10 -day public review period, from August 31, 2012 to September 10, 2012, The Final EIR incorporates the Draft EIR and responses to public comments. Copies were made available at the Los Gatos Library and on the Town's website. Because of the large size of the EIR documents, they are available on -line on the Town's website at www.LosGatosCA.gov /ReusableBags rather than attached to this report. A hard copy of each document is available for review in the Town Clerk's Office and the CDD Department at Los Gatos Town Hall and at the public information counter at the Library. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: SINGLE -USE CARRYOUT BAG ORDINANCE AUGUST 12, 2013 CEQA Findings - Environmental Impacts The Final Program EIR estimates the volume of current plastic bag usage within the Study Area at 552 million bags per year, including Los Gatos at approximately 16 million. With the proposed ordinance in effect, it is anticipated that 95 percent of that volume would be replaced by a combination of paper (30 percent) and reusable (65 percent) bags, leaving 5 percent or 27.6 million plastic bags still used each year at retail establishments exempt from the ordinance. The Final EIR identifies and analyzes the potential environmental impacts of such a shift in bag usage as follows: Air Quality, (1) A beneficial impact associated with a reduction in emissions due to a reduction in the total number of plastic bags manufactured; and (2) a less- than - significant impact associated with an increase in emissions resulting from increased truck trips to deliver recycled paper and reusable carry -out bags to local retailers. Biological Resources: A beneficial impact associated with a reduction in the amount of single - use plastic bags entering the coastal and bay habitat as litter.. Greenhouse Gas (GHG) Emissions: A less- than - significant impact associated with increased GHG emissions due to an increase in the manufacturing of single -use paper bags. Hydrology /Water Quality: (1) A beneficial impact associated with a reduction in the amount of litter and waste entering storm drains; and (2) a less- than - significant impact due to an increase in the use of chemicals associated with an increase in production of recyclable paper bags. Utilities and Service Systems: (1) A less -than- significant impact due to increased water usage resulting from the washing of reusable bags; (2) a less- than - significant impact due to increased wastewater generation resulting from the washing of reusable bags; and (3) a less-than- significant impact due to an increase in solid waste generation resulting from increased usage of paper bags. None of the impacts require mitigation because they are all either beneficial or less than significant. Final EIR Certification The San Mateo County Board of Supervisors certified the Final Program EIR on October 23, 2012 and issued a Notice of Determination pursuant to the CEQA Public Resources Code, Section 21000 et seq, and the CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. Pursuant to Section 15096 of the CEQA Guidelines, the Town of Los Gatos may act as a responsible agency and consider and rely upon the Final Program EIR prepared and certified by PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: SINGLE -USE CARRYOUT BAG ORDINANCE AUGUST 12, 2013 the County, as the proposed ordinance is the same ordinance included in the Final Program EIR. The Town may then proceed with consideration of the proposed ordinance. Should Council make changes to the - proposed ordinance, such changes may trigger the need for further CEQA review. Proposed Ordinance for the Town of Los Gatos The objectives of the proposed ordinance for the Town of Los Gatos are to: 1. Reduce the environmental impacts related to single -use plastic carry -out bags, such as impacts to biological resources, water quality, and utilities. 2. Deter the use of paper bags. 3. Promote a shift toward reusable bags. 4. Avoid litter and associated adverse impacts to stormwater systems, aesthetics, and the marine environment. 5. Reduce clean -up costs associated with litter. 6. Reduce the amount of single -use plastic bags entering waterways in conformance with the requirements of the Town's Municipal Regional Stormwater Permit. Los Gatos' ordinance (Attachment 2) is consistent with the Reusable Bag Ordinance in the San Mateo County Program EIR. The ordinance provides as follows: • Bans single -use, carry -out bags at all retail businesses selling clothing, food and personal items directly to consumers. • Exempts restaurants, fast -food places, and nonprofit charitable reuse organizations, such as Goodwill. • Allows merchants to sell recycled - content paper carry -out bags or reusable carry -out bags for a minimum charge of 10 cents per bag (increasing to 25 cents January 1, 2015). • Reusable carry -out 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 mils (0.00225 inches) thick and is specifically designed and manufactured for multiple reuse. • Exempts customers enrolled in the State's supplemental food stamps programs from the bag charge. • Allows retailers to provide protective bags for produce, meat, prescriptions, live fish, greeting cards, or garment bags (dry cleaning, clothing) at no charge. • Retailers keep the 10 cents from the sale of the bag and are not required to pay sales tax. • Retailers must itemize the purchase of any recycled paper or reusable bag on sales receipt. • Retailers must keep records at the store for three years and make available upon request by the Town. • If adopted, the ordinance would be effective February 3, 2014. • !_ o MAYOR AND TOWN COUNCIL SUBJECT: SINGLE -USE CARRYOUT BAG ORDINANCE AUGUST 12, 2013 Public Input Process Town staff conducted three public input meetings in June and July 2013; two meetings were held for businesses, and one for residents. The Town mailed notices to approximately 739 retail establishments potentially affected by the proposed ordinance. Notices were also published by the Chamber of Commerce in its monthly newsletter; distributed to Town Boards and Commissions, Los Gatos Saratoga Recreation, the Los Gatos Growing Greener list serve, and the What's New list serve; and posted to the Next Door Los Gatos web page and the Town's website. The Town also published notices in the Los Gatos Weekly and on Patch. In total, approximately 26 residents and business representatives attended the public meetings. Public comments received during the meetings are summarized in Attachment 3. Concerns Regarding the Ordinance While the Town has received input from members of the public who support the restriction of single use plastic bags, others have expressed concern. Attachment 4 includes emails in support and opposition to the proposed ordinance, which mirror comments received at the public meetings. Individuals and groups supporting the ordinance cite the negative impacts of the use of plastic bags on the environment, including litter, landfill capacity, aquatic habitat, wildlife safety, and storm drain blockage. Individuals and groups opposing the proposed ordinance cite the following concerns: • Too much government regulation . • Impact of charge for paper bags on seniors • Charge for paper bags unreasonable • Bacteria on reusable bags • Potential for increased shoplifting • Merchants use specialized plastic bags for marketing • Deterring of customers to cities without a bag ban • Numerous uses for single -use bags around the home • Question validity of surveys of litter reduction • Fiscal impact and long -term health impacts have not been determined These issues have either been addressed in the proposed ordinance, considered in the environmental review, reflect policy positions, or cannot be assessed or determined. The proposed ordinance addresses several concerns voiced by the business community, including delaying the effective date of the ordinance to allow time for businesses to utilize their current bag inventories; allowing exemptions for produce, several other products, and for non - profit charitable reuse organizations; and permitting the use of reusable plastic bags that can be used for marketing. PAGE 7 MAYOR AND TOWN COUNCIL SUBJECT: SINGLE -USE CARRYOUT BAG ORDINANCE AUGUST 12, 2013 Stop the Bag Ban, a group of private citizens from various cities, is circulating a petition for an initiative that would prohibit the City of Campbell from regulating, taxing or requiring charges for "carryout bags," unless such regulation, tax or charge is approved by the voters. Stop the Bag Ban has notified Town staff of its intentions to circulate a similar petition if the Town adopts an ordinance regulating the use of single -use plastic bags. Currently, there are 18,957 total registered voters within the Town of Los Gatos. 1,896 signatures (10 %) would be required for a ballot initiative to be placed on a general election. 2,844 signatures (15 %) would be required for a ballot initiative to be placed on a special election. Staff has consulted with the Santa Clara County Registrar of Voters to obtain the projected costs of a ballot initiative on a special election and a primary election. The costs are as follows: • Costs of a Stand -Alone Special Election: 6 -page measure: $344,000 • Additional cost of a 6 -page measure on a June 2014 Primary Election: $35,766 • Additional cost of a 6 -page measure on a November 2014 General Election: $35,766 Ordinance Implementation Staff recommends designating February 3, 2014 as the effective date for the ordinance. A February effective date will provide retailers sufficient time to use up their current inventory and purchase eligible bags, for consumers to obtain reusable bags as alternatives to single -use carry- out bags, and staff time to inform merchants and residents about the new regulation. The County of San Mateo developed a regional outreach campaign to facilitate consistent messaging in communities, and includes items such as a toolkit that can be distributed to retailers containing information and display signs for store windows, cash registers, and cart corral areas. Similar tool kits have been used successfully in other cities implementing reusable bag ordinances. If the proposed ordinance is adopted, the Town staff will develop and implement an outreach program in September 2013, potentially using or adapting this regional toolkit. Outreach to residents will include email notifications through Town list serves and other organizations; advertisements in local newspapers; posting on the Town's website; notices on KCAT; and other similar efforts. Enforcement of the ordinance is proposed to be handled by the Town Manager's office, primarily on a complaint basis. CONCLUSION: Staff recommends that the Town Council adopt a resolution making California Environmental Quality Act findings as a responsible agency and introduce an ordinance adding Chapter 11, Article IV to the Los Gatos Municipal Code regarding Single -Use Carryout Bags. In addition to achieving one of the Town's sustainability goals to ban single -use plastic bags, the ordinance will help deter the use of paper bags; promote a shift toward the use of reusable bags; PAGE 8 MAYOR AND TOWN COUNCIL SUBJECT: SINGLE -USE CARRYOUT BAG ORDINANCE AUGUST 12, 2013 avoid litter and the associated adverse impacts to storm water systems, aesthetics, and the marine environment; reduce litter clean -up costs; and reduce the amount of single -use plastic bags entering waterways in conformance with the requirements of the Town's Municipal Regional Stormwater Permit. PUBLIC NOTICING: In addition to the Town's standard agenda posting requirements, notice of this meeting was provided via email to Los Gatos retailers, meeting participants and environmental groups. A notice was also posted on the Town's website, Next Door Los Gatos, and in the Los Gatos Weekly. FISCAL IMPACT: There is minimal fiscal impact associated with the approval of the recommendations as described above. There was no cost to the Town for the environmental analysis services provided by San Mateo County as part of the regional effort, saving the Town approximately $40,000 to $50,000. Costs for resident and business outreach and education efforts to implement the proposed ordinance are estimated between $5,000 and $10,000. Attachments: 1. Resolution (with Exhibit A) 2. Ordinance 3. Public Outreach Comment Summary 4. Public Comments received through 3:00 p.m. Thursday, August 15, 2013 RESOLUTION 2013- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DETERMINING THE PROGRAM ENVIRONMENTAL IMPACT REPORT PREPARED BY THE COUNTY OF SAN MATEO FOR THE REUSABLE BAG ORDINANCE BE FOUND ADEQUATE FOR THE TOWN OF LOS GATOS'S ACTION; AND ADOPTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACT FOR THE ADDTION OF CHAPTER 11.40 TO THE TOWN OF LOS GATOS MUNICPAL CODE REGARDING REUSABLE BAGS WHEREAS, single -use, carryout bags constitute a high percentage of litter, which is unsightly, costly to clean up, and causes serious negative environmental impacts; and WHEREAS, the Town of Los Gatos ( "Town ") has a substantial interest in protecting its residents and the environment from negative impacts from plastic carryout bags and single -use, carryout bags; and WHEREAS, adoption of an ordinance regarding reusable bags is considered a "project" for purposes of the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et seq.; and WHEREAS, the County of San Mateo ( "County ") designated itself the lead agency for environmental review under CEQA of reusable bag ordinance, addressing the impacts of an ordinance banning single -use, carryout bags from stores, while requiring stores that provide recycled- content paper or reusable bags to charge customers a minimum of Ten Cents ($0.10) per bag; and WHEREAS, the County prepared a Program Environmental Impact Report (EIR) specifically analyzing the environmental impacts of 24 jurisdictions (18 cities within San Mateo County and 6 cities in Santa Clara County, including the Town of Los Gatos) adopting the same ordinance as San Mateo County's within their respective jurisdictions; and WHEREAS, on October 23, 2012, the San Mateo County Board of Supervisors certified a Program EIR; and WHEREAS, the Town is participating as a responsible agency in the Initial Study and Program EIR that was certified by the San Mateo County Board of Supervisors in connection with the County's adoption of the Reusable Bag Ordinance; and N: \MGR \Adm1nWorkFiles \2013 Council Reports \Aug 19 \Reusable Bag Ordinance \Single -use Carryout Bags Resolution 8.19.13.docx ATTACHMENT 1 WHEREAS, there are no site - specific operations required by the Town's adoption of its ordinance that are anticipated to create environmental effects different from those covered by the Final Program EIR; and WHEREAS, the Town's proposed ordinance fits within the scope of the County's Program EIR and has, therefore, modeled its ordinance on the County's ordinance, and the ordinance is textually identical to the Reusable Bag Ordinance adopted by the County of San Mateo on October 23, 2012 in all substantive respects; and WHEREAS, the Town Council has reviewed and carefully considered the information in the Draft and Final Program EIR, and makes the findings contained in this resolution as an objective and accurate document that reflects the independent judgment and analysis of the Town in the discussion of the ordinance's environmental impacts; BE IT FURTHER RESOLVED, that based on the entirety of the record before it, which includes, without limitation, San Mateo County's Program EIR, all reports, minutes, and public testimony submitted as part of the Town Council's meeting on August 19, 2013, the Town Council of the Town of Los Gatos, upon independent review and all the evidence before it, hereby finds as follows: 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The documents and other material constituting the record for these proceedings are located at the Town Manager's Office, for the Town of Campbell, 110 E. Main Street, Los Gatos CA 95030, and in the custody of the Town Manager. 3, The Town Manager has reviewed and considered the Program EIR and environmental impacts of the proposed ordinance as shown in the Program EIR. 4. The Program EIR prepared and certified by the County of San Mateo for adoption of a reusable bag ordinance within 24 jurisdictions in San Mateo and Santa Clara Counties, specifically including the Town of Los Gatos, having been prepared in accordance with the provisions of CEQA, is determined to be adequate for Council's action on this reusable bag ordinance. 5. The City Council hereby approves and adopts the entirety of the CEQA findings of fact for the Town of Los Gatos as a responsible agency pursuant to Section 15096 for the reusable bag ordinance, attached as Exhibit A, and incorporated herein by reference. 6. Based on the information and analysis in the Program EIR, the Town Council finds that the proposed ordinance will not result in any significant effect on the environment. The N: \MGR \AdminWorkFiles \2013 Council Reports \Aug 19 \Reusable Bag Ordinance \Single -use Carryout Bags Resolution 8.19.13,docx City Council finds that there are no feasible alternatives or mitigation measures that would substantially lessen or avoid any significant effect the project would have on the environment. 7. None of the conditions CEQA Guidelines Section 15162 or Section 15163 are applicable to adoption of this ordinance, and adoption of this ordinance is an activity that is part of the program examined by the EIR, is within the scope of the project prescribed in the EIR, and no further environmental review is required. BE IT FURTHER RESOLVED that a Notice of Determination shall be prepared and filed pursuant to CEQA Guidelines Section 15096. BE IT FURTHER RESOLVED that this resolution shall become effective on February 3, 2014 upon its passage and adoption. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 191h day of August, 2013, by the following vote: 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 N: \MGR \AdminWorkFiles \2013 Council Reports \Aug 19 \Reusable Bag Ordinance \Single -use Carryout Bags Resolution 8.19.13.docx THIS PAGE INTENTIONALLY LEFT BLANK CEQA FINDINGS OF FACT OF THE TOWN OF LOS GATOS TOWN COUNCIL FOR THE REUSABLE BAG ORDINANCE August 19, 2013 EXHIBIT A 1. FINDINGS OF FACT The Program Environmental Impact Report (EIR) assumes the adoption of the Proposed Ordinance by the Lead Agency, the County of San Mateo ( "the County"), and adoption of ordinances that are identical or materially similar to the County's ordinance by each participating city in the Study Area, The Study Area is defined in the Program EIR as including the geographical limits of unincorporated San Mateo County and the participating municipalities as follows: Belmont, Brisbane, Burlingame, Colima, Daly City, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, Woodside, Campbell, Cupertino, Los Altos, Los Gatos, Milpitas, and Mountain View. The following references to "Proposed Ordinance" refer to the adoption of the ordinance by the Town of Los Gatos, a responsible agency and participating Town in the Study Area: A. Impacts Declared to be Beneficial (No Mitigation Required) Air Quality Impacts: Impact AQ -1: With a shift toward reusable bags, the Proposed Ordinance is expected to substantially reduce the number of single -use, carry -out bags, thereby reducing the total number of bags manufactured and the overall air pollutant emissions associated with bag manufacture, transportation, and use. Therefore, air - quality impacts related to alteration of processing activities would be Class IV, beneficial, effect. Biological Resource Impacts: Impact BIO -1: Although the Proposed Ordinance would incrementally increase the number of recycled paper and reusable bags within the Study Area, the reduction in the amount of single -use plastic bags would be expected to reduce the overall amount of litter entering the coastal and Bay habitat, thus reducing litter- related impacts to sensitive wildlife species and sensitive habitats. This is a Class IV, beneficial, effect. Hydrology and Water Quality Impacts: Impact HWQ -1:The Proposed Ordinance would incrementally increase the number of recycled paper and reusable bags in the Study Area, but the reduction in the overall number of single -use plastic bags used in the Study Area would reduce the amount of litter and waste entering storm drains, This would improve local surface -water quality, a Class IV, beneficial effect. B. Impacts Declared to be Less Than Significant (No Mitigation Required) The Town finds that the environmental impacts identified in the Final Program EIR as being "less than significant" or as having "no impact" have been described and analyzed accurately and are less than significant or will have tto impact for the reasons described in the Final Program EIR. Reference should be made to the Draft Program EIR and Final Program EIR for a more complete description of the findings regarding these impacts. Specifically, the Town makes the following findings as to the following impacts: Air Quality Impacts: Impact AQ -2: With an expected increase in the use of recyclable paper bags, the Proposed Ordinance would generate air pollutant emissions associated with an incremental increase in truck trips to deliver recycled paper and reusable carry -out bags to local retailers. However, emissions would not exceed Bay Area Air Quality Management District (BAAQMD) operational significance thresholds. Therefore, operational air quality impacts would be Class III, less than significant. Impacts Related to Greenhouse Gas Emissions: Impact GHG -1: The Proposed Ordinance would increase the number of recyclable paper bags used in the Study Area. Implementation of the Proposed Ordinance would incrementally increase GHG emissions over existing levels. However, emissions would not exceed thresholds of significance. Therefore, impacts would be Class III, less than significant. • Impact GHG -2: The Proposed Ordinance would not conflict with any agency's applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Impacts would be Class III, less than significant. Hydrology and Water Quality Impacts: ® hnpact HWQ -2:A shift toward reusable bags and potential increase in the use of recyclable paper bags could potentially increase the use of chemicals associated with their production, which could degrade water quality in some instances and locations. However, bag manufacturers would be required to adhere to existing regulations, including NPDES Permit requirements, AB 258, and the California Health and Safety Code. Therefore, impacts to water quality from increasing bag processing activities would be Class III, less than significant. Impact to Utilities and Service Systems: Impact U -1: The increase of reusable bags within the Study Area as a result of the Proposed Ordinance would incrementally increase, by a negligible amount, water demand due to washing of reusable bags. However, sufficient water supplies are available to meet the negligible increase in demand created by reusable bags. Therefore, water supply impacts would be Class III, less than significant. • Impact U -2: Water use associated with washing reusable bags would increase negligibly in the Study Area, resulting in an increase in wastewater generation. However, projected wastewater flows would remain within the capacity of the wastewater collection and treatment system of the Study Area, and would not exceed applicable wastewater treatment requirements of the Regional Water Quality Control Board (RWQCB). Impacts would be Class III, less than significant. Impact U-3: The Proposed Ordinance would alter the solid waste generation associated with increased paper bag use in the Study Area. However, projected future solid waste generation would remain within the capacity of regional landfills. Impacts would, therefore, be Class III, less than significant. 2. ALTERNATIVES The Program EIR assumes the adoption of the Proposed Ordinance by the County and adoption of ordinances that are identical or materially similar to the County's ordinance by each municipality in the Study Area. The following references to "Proposed Ordinance" refer to the adoption of an individual ordinance by the Town of Los Gatos: As noted above, the project would not result in any significant unavoidable effects. All potential impacts identified by the Draft Program EIR and the Final Program EIR are either beneficial or less than significant such that no mitigation measures are required. In order to select and analyze alternatives that would avoid or substantially lessen any of the projects identified less -than- significant adverse environmental effects, the following environmental topics for which less -than- significant effects were identified in the Final Program EIR were considered: • Air Quali ty:. Pollutant emissions from paper bag manufacture and delivery. • Greenhouse Gas Emissions: Emissions from paper bag manufacture, delivery, and degradation. • Hydrology and Water Quality: Litter in storm drains and waterways associated with plastic and paper bags. • Utilities and Service S, sue: Water use from the manufacture of plastic and paper bags and cleaning of reusable bags, as well as wastewater generation from the cleaning of reusable bags. Solid waste from the disposal of plastic, paper, and reusable bags. The following four alternatives are evaluated in the Final Program EIR: • Alternative 1: No Project The no project alternative assumes that the Proposed Ordinance is not adopted or implemented. Single -use plastic and paper carry -out bags would continue to be available free of charge to customers at most retail stores throughout the Study Area. In addition, reusable carry -out bags would continue to be available for purchase by retailers. Thus, it is assumed that the use of carry- out bags at Study Area retail stores would not materially change compared to current conditions. • Alternative 2: Ban on Single -Use Plastic Bags at All Retail Establishments Similar to the Proposed Ordinance, this alternative would prohibit Study Area retailers from providing single -use plastic carry -out bags to customers at the point -of -sale and create a mandatory minimum Ten Cent ($0.10) charge per paper bag until December 31, 2014 and Twenty -Five Cents ($0.25) per paper bag on or after January 1, 2015. However, under this alternative, the ordinance would apply to all categories of retail establishment, including restaurants, and nonprofit, charitable retailers. As a result, under this alternative, no single -use plastic carry -out bags would be distributed at the point -of -sale anywhere within the Study Area. ® Alternative 3: Mandatory Minimum Charge of Twenty -Five Cents ($0.25) for Paper Bags This alternative would continue to prohibit Study Area retail establishments from providing single -use plastic bags to customers at the point -of -sale; but would increase the mandatory minimum charge for a single -use paper bag from $0.10 to $0.25 initially rather than on or after January 1, 2015. As a result of the $0.15 mandatory minimum charge increase per paper bag, it is anticipated that this alternative would further and more quickly promote the use of reusable bags since customers would be deterred from purchasing paper bags due to the additional cost. • Alternative 4: Ban on Both Single -Use Plastic and Paper Carry -Out Bags This alternative would prohibit all Study Area retail establishments (except restaurants and nonprofit, charitable retailers) from providing single -use plastic and paper carry -out bags to customers at the point -of -sale. It is anticipated that by also prohibiting paper carry -out bags, this alternative would significantly reduce single -use paper carry -out bags within the Study Area, and further promote the shift to the use of reusable bags by retail customers. By banning both single - use plastic and paper bags, customers would be forced to use reusable carry -out bags. This is expected to increase the number of reusable bags purchased within the Study Area. A. Alternatives Eliminated from Consideration The Program EIR assumes the adoption of the Proposed Ordinance by the County and adoption of ordinances that are identical or materially similar to the County's ordinance by each municipality in the Study Area. The following references to "Proposed Ordinance" refer to the adoption of an ordinance by the Town of Los Gatos: CEQA requires that all alternatives considered be described, but it does not require a full analysis of alternatives that are infeasible, that do not meet the project objectives, or that do not potentially reduce environmental impacts. Alternatives considered but eliminated from further consideration for these reasons are addressed in Section 6.5 of the Draft Program EIR and are summarized below. • Additional litter removal programs, education efforts, enforcement for littering, and recycling programs for plastic bags: This alternative was rejected because it does not achieve the ordinance objectives, including reducing the use of paper bags and promoting a shift toward the use of reusable bags. • Ban Styrofoam (polystyrene) in addition to banning single -use plastic carry -out bags: This alternative would not achieve the Proposed Ordinance's objectives of reducing the environmental impacts related to single -use plastic bags or reduce any of the Proposed Ordinance's environmental effects. Environmental impacts related to polystyrene use are outside the scope and objectives of the proposed action. Ban single -use plastic carry -out bags, but not charge for paper bags at retailers in the Study Area: This alternative was rejected because it would not reduce customers' use of paper bags, which have greater impacts related to air quality, GHG emissions, and water quality than plastic bags on a per -bag basis. In addition, this alternative would not achieve the Proposed Ordinance's objective of promoting a shift toward the use of reusable carry -out bags by retail customers to as great a degree as would occur with the Proposed Ordinance. Ban the use of single -use plastic carry -out bags by retailers (except restaurants), with the exception of plastic bags made with biodegradable or compostable additives: This alternative was rejected from consideration because the environmental impacts associated with using biodegradable and compostable additives are uncertain at this time. Researchers at California State University Chico Research Foundation tested the degradation of biodegradable bags in composting conditions and found that they did not degrade (CIWMB 2007; Green Cities California MEA, 2010). Furthermore, these bags reduce the quality of recycled plastics when introduced into the recycling stream and so must be kept separate to avoid contaminating the recycling stream (CIWMB 2007; Green Cities California MEA, 2010). Therefore, it is unclear what environmental impacts may be associated with switching to plastic bags made with biodegradable additives or water - soluble bags. W addition, this alternative would not achieve the objectives of reducing the amount of single -use plastic bags in trash loads (e.g., landfills), in conformance with the trash load reduction requirements of the NPDES Municipal Regional Permit, promoting a shift toward the use of reusable carry -out bags by retail customers and avoiding litter and the associated adverse impacts to stormwater systems, aesthetics, and the marine environment (San Francisco Bay and Pacific Ocean). Ban the use of single -use plastic carry -out bags by retailers (except restaurants) and apply the ban to "doggie waste clean -up bags at public parks: While plastic "doggie waste clean -up" bags may have certain impacts to the environment, it is assumed that these types of bags represent only a very small percentage of total plastic -bag use. In contrast, the use of these types of bags promote the proper disposal of solid waste and benefit water quality in reducing sources of stormwater pollution. Thus, while this alternative would further reduce the overall number of plastic bags produced and used, it would not promote a shift toward the use of reusable carry -out bags by retail customers in the Study Area and could potentially increase impacts to stormwater systems. Environmental impacts related to plastic "doggie waste clean -up" bag use in the Study Area are outside the scope and objectives of the Proposed Ordinance, Implement an action targeting litter from homeless encampments near water bodies: This alternative would not achieve the objectives of reducing the amount of single -use plastic bags in trash loads (e.g, landfills), in conformance with the trash load reduction requirements of the NPDES Municipal Regional Permit and promoting a shift toward the use of reusable carry -out bags by retail customers. • Require retailers to offer incentives for customers to use reusable bags (such as paying customers) rather than banning single -use bags: While this alternative may deter some customers from using single -use plastic and paper bags, it may not promote the shift to reusable carry -out bags by retail customers as effectively and would place a financial burden on the Study Area retailers. B. Findings Regarding Project Alternatives CEQA only requires public agencies to make findings regarding the feasibility of project alternatives in limited circumstances. Public Resources Code Section 21081(a) provides that a public agency may not approve a project unless it makes findings, with respect to each significant project effect, that: (1) mitigation has been required to reduce the significant effect; (2) mitigation to reduce the significant effect is within the jurisdiction of another public agency and should be adopted by that agency; and (3) that "[s]pecific economic, legal, social, technological, or other considerations... make infeasible the mitigation measures or alternative identified in the environmental impact." (Pub. Res. Code Section 21081(a), emphasis added, see also CEQA Guidelines Section 15091(a).) In Mira Mar Mobile Community v. City of Oceanside (CH Oceanside) (2004) 119 Cal.App4h 477, 490, the Court of Appeals confirmed that, where the city found that only adverse impact of a project could be avoided through the imposition of mitigation measures, "it was not required to make any findings regarding the feasibility of proposed alternatives." (Citing Rio Vista Farm Bureau Center v. County ofSolano (1992) 5 Cal.AppAth 351, 379 [ "CEQA does not require the agency to consider the feasibility of environmentally superior project alternatives identified in the EIR if described mitigation measures will reduce environmental impacts to acceptable levels "], Laurel Heights ImprovenaentAss'n v. Board ofSup&visors (1988) 47 Cal.3d 376, 402, and Laurel Hills Homeowners Ass'n v. City Council (1978) 83 Cal.App.3d 515,521.) The Project would not result in any significant unavoidable effects. All potential impacts identified by the Draft Program EIR and the Final Program EIR are either beneficial or less than significant such that no mitigation measures are required. Accordingly, the Town is not required to make findings regarding the feasibility of the alternatives considered in the EIR. C. Summary of Significant Unavoidable Impacts Section 15126.2(b) of the CEQA Guidelines requires that an EIR describe any significant impacts which cannot be avoided. Based on the analysis contained in the Final Program EIR, implementation of the project would not result in any significant unavoidable environmental impacts. D. Growth - Inducing Impacts of the Project The Program EIR assumes the adoption of the Proposed Ordinance by the County and adoption of ordinances that are identical or materially similar to the County's ordinance by each municipality in the Study Area. The following references to "Proposed Ordinance" refer to the adoption of an individual ordinance in each participating agency of the Final Program EIR: Section 15126.2(d) of the CEQA Guidelines requires a discussion of the ways in which a proposed action could be growth- inducing. This includes ways in which the project would foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Based on the analysis contained in the Draft Program EIR, the project would not be growth - inducing as it would not affect long -term employment opportunities or increase the region's population. Employment patterns in the region would not be affected as there are no known plastic bag manufacturing facilities in the Study Area. In addition, recyclable paper bag use is anticipated to increase incrementally. However, similar to plastic bag manufacturing, employment patterns in the region would not be affected by the Proposed Ordinance as there are no known paper bag manufacturing, plants in the Study Area. However, it should be noted that there is a paper bag manufacturing plant in Buena Park, California. Also, demand for reusable bags can be anticipated to increase. Nevertheless, incremental increases in the use of paper and reusable bags in the region are not anticipated to significantly affect long -term employment at these facilities or increase the region's population. Revenues generated by sales of paper bags would remain with the affected stores. The Proposed Ordinance would not affect economic growth and, therefore, would not be significant. No improvement to water, sewer, and drainage connection infrastructure would be necessary for project implementation. No new roads would be required. Because the Proposed Ordinance would not include any physical development or construction activities and would not involve the extension of infrastructure into areas that otherwise could not accommodate growth, it would not remove an obstacle to growth. For these reasons, the project would not result in significant growth - inducing impacts. E. Significant Irreversible Changes to the Environment The Program EIR assumes the adoption of the Proposed Ordinance by the County and adoption of ordinances that are identical or materially similar to the County's ordinance by each municipality in the Study Area. The following references to "Proposed Ordinance" refer to the adoption of an individual ordinance in each participating agency of the Final Program EIR: Section 15126.2(c) of the State CEQA Guidelines states that significant irreversible environmental changes associated with a project shall be discussed, including the following: (1) Uses of nonrenewable resources during the initial and continued phases of the project that may be irreversible because a large commitment of such resources makes removal or nonuse thereafter unlikely; (2) Primary impacts and, particularly, secondary impacts (such as highway improvement that provides access to a previously inaccessible area), which generally commit future generations to similar uses; and (3) Irreversible damage that could result from environmental accidents associated with the Proj ect. The intent of the Proposed Ordinance is to reduce the environmental impacts related to the use of single -use, carry -out bags, and to promote a shift toward the use of reusable bags. As an ordinance, the project would not include development of any physical structures or involve any construction activity. Therefore, the Proposed Ordinance would not alter existing land uses or cause irreversible physical alterations related to land development or resource use. To the contrary, the express purpose of the ordinance is to reduce the wasteful use of resources and associated environmental impacts. Therefore, the project, as proposed, would not result in significant irreversible environmental changes. 3. ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM All potential impacts identified by the Program EIR are either beneficial or less than significant such that no mitigation measures are required. Therefore, no mitigation monitoring program is required or necessary. THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS TO ADD A NEW SECTION 11 TO THE TOWN OF LOS GATOS MUNICIPAL CODE ENTITLED "SINGLE -USE CARRYOUT 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 11.040.050) 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 anyone 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 hnpact Report ( "EIR") that analyzed the impacts of this reusable bag ordinance if adopted in cities throughout the County of San Mateo as well as neighboring jurisdiction. 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 EIR, and public comment received by both the County of San Mateo and the Town of Los Gatos, there is no Town of Los Gatos Single -Use Carryout'Bags Regulation —DRAFT Page 1 of 6 ATTACHMENT 2 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 , 2013. This ordinance shall be effective on February 3, 2014. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWNOF LOS GATOS LOS GATOS, CALIFORNIA Town of Los Gatos Single -Use Carryout Bags Regulation —DRAFT Page 2 of 6 Sec. 11.40.010 Sec. 11.40.015 Sec. 11.40.020 Sec. 11.40.030 Sec. 11.40.040 Sec. 11.40.050 Sec. 11.40.060 Sec. 11.40.070 ARTICLE IV. SINGLE -USE CARRYOUT BAGS Findings and purpose. Definitions. Implementation Date. Single use carry -out bag. Record keeping and Inspection. Exemptions. Enforcement Severability See. 11.40.010 Findings and purpose. The Town Council finds and determines that: (a) The use of single -use carryout bags by consumers at retail establishments is detrimental to the environment, public health and welfare. (b) The manufacture and distribution of single -use carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions. (c) Single -use carryout bags contribute to environmental problems, including litter in storm drains, creeks, the bay and the ocean. (d) Single -use carryout 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 free 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 suites, dresses, coats, or the like without crushing or wrinkling the same. Nonprofit charitable reuses 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 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 Town of Los Gatos Single -Use Carryout Bags Regulation —DRAFT Page 3 of 6 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 of 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 post - consumer recycled content; is one hundred percent 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 establishment 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 M 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. Town of Los Gatos Single -Use Carryout Bags Regulation —DRAFT Page 4 of 6 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. 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 sale receipt. E. A retail establishment may provide 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 1550) 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 complete and accurate 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 an 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 carryout 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. Town of Los Gatos Single -Use Carryout Rags Regulation —DRAFT Page 5 of 6 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 future 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. N:\MGR\AdminWorlcFiles\2013 Council ReportMug 19\Reusable Bag Ordinance \Single -use Carryout Bags Ordinance 8.19.13.doex Town of Los Gatos Single -Use Carryout Bags Regulation —DRAFT Page 6 of 6 PROPOSED SINGLE -USE CARRYOUT BAG ORDINANCE SUMMARY OF PUBLIC OUTREACH COMMENTS Three outreach meetings were conducted during the months of June and July 2013 regarding the Single - Use Carryout (Reusable Bag) Ordinance. Town staff scheduled two public input meetings with retailers to discuss the provisions of the Ordinance. These meetings were held on June 13 and June 18 at the Chamber of Commerce offices. One public input meeting for residents was held on July 25 in the Council Chambers at Town Hall. Approximately 26 community members and business representatives in total attended the input meetings. The Town Manager's office also received seven (7) phone calls from Town residents about the proposed ordinance. Six (6) residents expressed their opposition to the ban, and one (1) resident expressed their support of the ban. Public comments received during and subsequent to the meetings are summarized in this attachment. The comments and questions received during the public input meetings included the following: • The proposed charge for paper and reusable bags. • Which businesses are exempt from the proposed ordinance. • The definition of gift bags. • The proposed implementation date. • The ordinance process. • The definition of nonprofit charitable reuse organizations. • The types of protective bags that is allowable under the proposed ordinance. • Who keeps the 10 cent fee. • The amount of bacteria found on reusable bags. In general, comments either supported the ordinance based on environmental protection or opposed the ordinance based on concerns about too much government regulation. Specific comments from the three meetings are provided below. Input from the June 13 and June 18, 2013 Retailer Information Meetings • What is the definition of a "gift bag" as it applies to the Ordinance? • How can businesses donate unused bag inventory to non - profit organizations? • Is the donation of bags tax deductible? • Is it possible for the Town of Los Gatos to purchase souvenir bags to be sold at downtown retailers and merchants to customers? • For some retailers, a January 1, 2014 implementation deadline is OK, but would prefer a later implementation deadline to exhaust current bag supplies. • Several merchants use their bags as part of their marketing — concern that recycled paper bags that meet the ordinance requirements will not have the same quality as the bags currently provided to customers. • Pool supply stores and Car Dealerships —often customers purchase liquid chemicals and other items that would need to be placed in a protective bag. • Concern from merchants that a bag ban could encourage the increase of shoplifting in stores. Page 1 of 4 NAMGR\AdminWorkFiles\2013 Council Reports\Aug 19\Reusable Bag Ordinance \Swnmary of Public Outreach 8.19.13.docx ATTACHMENT 3 Input from the July 25, 2013 Community Information Meeting Questions: • Q1: What was the result of the meeting with the retailers? • Al: Most of the retailers are already providing bags that would meet the requirements of the proposed ordinance. Those retailers would need to charge a fee for the bags. The Town expects a high level of compliance from the retailers. • Q2: Could a customer walk out the door with purchased products they pay for without purchasing a bag? • A2: Yes. Customers are not required to purchase a bag, especially if they bring their own reusable bag for their purchases. o Q3: Have vendors from the Farmer's Markets been informed of this proposed ordinance? o A3: The Town has followed up with the Farmer's Market to make sure they are aware of the proposed ordinance. However, produce bags (without handles) used for meats, fruits and vegetables are allowable under the proposed ordinance. o Q4: Where can merchants purchase plastic bags that meet the 2.25 mil requirement? o A4: A list of vendors who supply reusable plastic bags and reusable paper bags has been made available to merchants and on the Town's website. • Q5: Why can't businesses provide paper bags at no charge? • A5: The intent of the ordinance is to deter the use of paper bags in addition to banning single -use plastic bags. • Q6: How can people in Los Gatos stop the ordinance from going into effect? • A6: All comments received from the community meeting and any communication to the Town Council will be included in the outreach/feedback section of the report to the Town Council. Residents can also email their support or opposition for the proposed ordinance to the Town and attend the Council meeting on August 19. Public Comments: o Support ■ Environmental • All plastic bags should be eliminated • Environmental benefits from decreased costs- for litter mitigation • Canvas bags take the place of 600 plastic bags during their lifespan • Without a bag ban, our food chain will continue to be impacted. Single - use plastic bags have a negative effect on the organisms /environment Page 2 of 4 N: \MGR \AdminWorkFiles\2013 Council Reports\Aug 19 \Reusable Bag Ordinance \Summary of Public Outreach 8.19.13.docx • St. Mary's conducted a survey (yearlong) and there is a very negative impact to wildlife with single use plastic bags. ■ Better and /or Alternate Choices • People need to rethink how they use plastic, and make better or alternative choices from using plastic and /or plastic bags • A bag ordinance is similar to the non - smoking ordinances that have been enacted. 20 years from now we will find out that banning bags was the right thing to do environmentally. o Oppose ■ Anti- Business • A bag ban is anti- business • Concern that shoplifting rises as plastic bags are banned and only reusable bags can be used. • Shoplifting is a loss to the entire community —bag bans contribute to shoplifting, and the actual costs of this have not been considered. • Real fiscal impacts of a bag ban have not been discussed /explored. • Bag bans force more people to shop in cities that do not have a ban. Potential ban means loss of business for Los Gatos. • Business owners should at least be given the option to charge customers. ■ Farmer's Markets Plastic & paper bags are convenient at farmers markets. Plastic bags are more convenient for produce. ■ Multiple Uses for Plastic Bags • Single -use plastic bags have many uses around the home; therefore they are used multiple times, multiple ways. ■ Health Concerns Reusable bags are not sterile. What are the long -term health impacts from banning single -use plastic bags? More instances of disease (i.e. E.Coli on the rise). ■ Anti- Government/Big Brother • Why should the government tell us what to do? • A bag ban feels like local government is dictating what people should be doing. • The bag ban punishes everyone in the community for what a few people (i.e. litterers) do. • Los Gatos should not follow other cities into a bag ban without letting voters decide that they want a ban. • The dictatorial tone of the Federal, State and local government is not appreciated. Does not want to see a bag ban implemented at the local level. • Against government control and interference in people's lives. • Why does an ordinance have to go into effect? People should be able to make their own choices. Page 3 of 4 NAM0R\AdminworkFiles\2013 Council Reports\Aug 19\Reusable Bag Ordinance \Summary of Public Outreach 8.19.13.docx • Bag bans should be put to a vote of the people; it should not be legislated by government. We live in a republic democracy. • Save Our Bags will circulate a petition to repeal the ordinance if it goes into effect. ■ Potential Loss of Jobs • Concerned about potential job losses if a bag ban is put into place (Paper /Plastic bag manufacturers). Alternatives to a Bag Ban • More creative thought process should go into thinking of alternatives to a bag ban. • Would be a better option to charge a recycling fee to encourage people to recycle plastic bags, like cans & bottles. Page 4 of 4 NAMGR \AdminWorkFiles\2013 Council ReportMug 19 \Reusable Bag Ordinance \Summary of Public Outreach 8.19.13.doex Public comments in favor of the Regulation of Single -Use Carryout Bags ATTACHMENT 4 THIS PAGE INTENTIONALLY LEFTBLANK � 2 >, ra �\/ �; 2 4� o O 2 ®o w » $/�/ 0/ . §2k�/ R § 2 S 0 e2a£E m / § `§ # R § \ _ 2 � E / q R ® » @ % / '§ § a o m a § / ul 2 2 ( § % -0 \ _C t � ' ru g u \ ) E ° ® S 7 \ 0 u o E ® M ® 0 / F % § 0 = m � \ � § \ k % k � 2�G ?°/ q §O k _ &-E 0 2 t E G � 0' : / o k q` ■ �� � J g � �� . b c $� � c 0 p m § .0 3' _ § U © E C:D N q E Z c � ¥ c�� R C E o � O U m• � / q � O S � m q � 2 >, ra �\/ �; 2 4� o O 2 ®o w » $/�/ 0/ . §2k�/ R § 2 S 0 e2a£E m / § `§ # R § \ _ 2 � E / q R ® » @ % / '§ § a o m a § / ul 2 2 ( § % -0 \ _C t � ' ru g u \ ) E ° ® S 7 \ 0 u o E ® M ® 0 / F % § 0 = m � \ � § \ k % k � 2�G ?°/ q §O k _ &-E 0 2 t E G � 0' : / o k q` ■ �� � J g � �� . ai T IN r_ 0 7 = tA f GA O o o a C a vi m rtl RS C . L LU lu L.o m EF- -,,, m Lu ,1-- N . L In ,G y _ 0 dl 4a C FF- i � M UA Uj I � tU u m N a N u1 m LL ny Cz o >.o(,7 ova 1 ai T IN r_ 0 _E i � M I � O N N � ro bn O.. v Q t/S aj ai T IN - CLEAN WATER C., CALIFORNIA 350 Frank H. Ogawa Plaza, Suite 200 Oakland, CA 94612 July 26, 2013 Barbara Spector 110 E Main Street Los Gatos, CA 95030 RE: Support Town Action to Ban Plastic Bags and Require Stores Charge for Paper Dear Mayor Spector: On behalf of Clean Water Action, I write to express our support of town actions to ban plastic single -use carry -out bags and require that establishments charge 10 cents for recyclable paper bags. The free distribution of single -use disposal bags burdens local taxpayers (for litter control costs), unnecessarily consumes scarce natural resources, creates plastic pollution, and adds to the blight on neighborhoods created by litter. In short, it is a practice that must come to an end, especially where there are reusable alternatives. Plastic bags contribute significantly to local litter problems and cost taxpayers a lot of money. The litter audit performed by the City of San Jose revealed that bags (including retail and non - retail bags) were the third largest component of the street litter problem, after fast food and a large amount of miscellaneous litter. Plastic retail bags comprised 4.9% of the overall litter problem.' While Clean Water Action strongly supports reducing the quantity of fast food packaging as it is the most common form of street litter and most significant component of marine debris,' bags are a good place to start to try to reduce street litter and marine debris. Californians use an estimated 19 billion single -use plastic bags every year.' Managing those bags when they become waste is costly. The state spends $25 million annually to clean up and landfill these littered bags and this figure does not even include the over $300 million that local. governments continually to spend to clean littered streets and waterways .4 The City of San Francisco estimated that to clean up, recycle, and landfill plastic bags costs the city 17 cents per bag.' ' City of San Jose, "Targeted Litter Assessment 2009" 1 California Coastal Commission (2006). "Eliminating Land -based Discharges of Marine Debris in California: A Plan of Action from The Plastic Debris Project." ' California Integrated Waste Management Board, (Available at: www; zerowaste .ca.gov /PlasticBags /default.htm ). 4 /d ' City of San Francisco Department of the Environment, "Bag Cost Analysis," November 18, 2004, (www.ei.sf.ca.us /site /sfenviroiiment page.asp ?id= 28374). Retrieved 1/5/09. The City of San Francisco delayed passing a bag ban to give the bag industry time to establish recycling programs at grocery stores as an alternative option. After two years, there were no measurable results to report. The City took action in 2006 and banned plastic bags. The lesson is that California cities cannot recycle our way out of this problem. This chart shows the rate of plastics generation in California between 1960 and 1999, as compared to the rate of recovery and recycling,' Less than 5% of these bags are currently being recycled'; the rest end up in landfills or as litter, clogging storm drain systems, and make their way to waterways and the ocean where they have become a persistent threat to wildlife and present multiple threats to the marine ecosystem. It is estimated that 60 -80% of all marine debris, and 90% of floating debris is plastic.' Plastics are so durable that no one actually knows how long it will take them to fully break down. Current research shows that they continue to break down become microplastics that are ingested by small marine life- this means that many marine creatures are becoming plasticized- as well humans may. Over 267 species worldwide have been impacted by large plastic litter such as plastic bags. Bans work to end a litter problem. In San Francisco's 2008 litter audit, plastic retail bags, which had been banned for several years, were approximately 0.5% of the overall large litter identified (as compared to San Jose's 4.9% for plastic retail in 2009). Charging for a product, rather than giving it out for free, can be a successful strategy for encouraging consumers to live without it. Ireland has demonstrated that a fee of 22 euro cents ($0.33 USD) on plastic carryout bags effectively deters consumer use and plastic bag litter, and that such fee rates must be appropriately determined to keep rate of non -use steady. 10 Since placing a fee on plastic bags in 2002, plastic bag usage and litter in Ireland has decreased by over 90 %." It is important to provide customers with a recycled content and recyclable paper bag at the checkout counter, in case a customer forgets his reusable bag, but passing the cost of the bag on to the customer is an effective way to change behavior over time. s California Integrated Waste Management Board (2003) "Plastics White Paper: Optimizing Plastics Use, Recycling and Disposal in California," http: / /www,calrecycte.ca.gov /publications /Plastics /43203008.pdf /d, US EPA 2005 Characterization of Municipal Solid Waste, Table 7. e California Coastal Commission (2006). `Eliminating Land -based Discharges of Marine Debris in California: A Plan of Action from The Plastic Debris Project." ' N. Wallace. "Debris entanglement in the marine environment: a review" ( 985) pp. 259 -277 in: R.S. Shomura and H.O. Yoshida (eds.), Proceedings of the Workshop on the Fate and Impact of Marine Debris, U.S. Department of Commerce, NOAA Technical Memorandum. NMFS, NOAA -TM- NMFS - SWFC -5. ° As ofJuly 1, 2007 the fee was 22 Eurocents = 33 U.S, cents according to 2007 exchange rates Ireland Dept of the Environment, Heritage & Local Government: wNnv environ is /en /Environment /Waste /PlasticBags Changing behavior is what a bag ban is all about. The United States represents 5% of the world's population but consumes 27 % of the world's resources. This country is the architect of the throw -away society- the pandemic search for convenience at the expense of the environment. While the European Union is busy strategizing on how to get the EU's consumption of the world's resources from 14% to a sustainable level by 2050,12 our national leaders are busy trying to protect the American way of life- a model of consumption. Action in the United States is coming from the ground up. The Town of Los Gatos should join other California jurisdictions in sending a message that we can do things differently. Already over 79 California jurisdictions or 30% of the state's population - including San Francisco, South San Francisco, Daly City, Colma, Millbrae, Belmont, Burlingame, Foster City, San Jose, Portola Valley, Redwood City, County of Santa Clara, the County of San Mateo, County of Marin, and the County of Los Angeles - have joined China, parts of India, Ireland and many other places across the world in taking action to ban the bag and support reusables. On behalf of Clean Water Action and our 480 members in Los Gatos and 55,000 members in California, we urge you to do the same. Sincerely, Samantha Meyer Zero Waste Program Coordinator Clean Water Action 415.369.9174 1 smeyer @cleanwater.org Cc: Vice Mayor Leonardis and Councilmembers McNutt, Pirzynski, Jensen " http: / /ec.eiaropa.eu /environment /eussd /escp_en.htm THIS PAGE INTENTIONALLY LEFT BLANK From: Samantha Meyer <smeyer @cleanwater.org> Sent: Friday, July 26, 2013 3:05 PM To: Christina Gilmore Subject: Reusable Bag Ordinance Meeting Follow UP Follow Up Flag: Flag for follow up Flag Status: Completed Hi Christina, Thanks for putting on the community information meeting last night about the reusable bag ordinance. I just sent a letter of support to the town council on behalf of Clean Water Action and our members.' I wanted to check in with you about the council's support for the ordinance. Do you have a sense of where each of the council members stand? Do you anticipate the ordinance will pass? Thanks, Samantha Samantha Meyer I Zero Waste Program Coordinator 1415.369.9174 Clean Water Action I Clean Water Fund 1 350 Frank H. Ogawa Plaza, Suite 200, Oakland, CA 94612 Website I Mailing List I Donate I Facebook I Twitter I Linkedln Get 25¢ every time you _bring your own cup! Subject: FW: Plastic Bag Ban - Yes From: CRobinRoss [mailto:crobinross @aol.com] Sent: Wednesday, July 31, 2013 11 :35 AM To: Town Manager Subject: Plastic Bag ban - Yes Hello, Please support the City of Los Gatos' ban on plastic bags. 2.4 million pounds of plastic pollution enters the ocean worldwide every hour. I hope the residents of Los Gatos are educated enough to care about our impact on the environment and ocean. Thank you, Robin Ross Docent Seymour Marine Discovery Center in Santa Cruz Resident - 15590 Linda Avenue Los Gatos, CA 95032 Subject: FW: Please, Ban Plastic Bag Use From: Crumpton [ma ilto:crumpton3Ccbverizon.net] Sent: Wednesday, July 31, 2013 4:18 PM To: Town Manager; egilmoreCallosgatosca.gov Subject: Please, Ban Plastic Bag Use Hello, We are supportive of the plastic bag ban ordinance being proposed in Los Gatos. There are too many birds, fish and wildlife being affected, not to mention the unsightly bags accumulating where they are not wanted. Please vote to eliminate the use of plastic bags in Los Gatos. Respectfully, Crumpton, Cathy, Tom & Will 124 Las Astas Dr. Los Gatos, CA 95032 crumpton3 @verizon.net 408 - 356 -3632 i From: Stuart Wisong <angel @wisonghadlock.com> Sent: Saturday, August 03, 2013 11:54 AM To: Christina Gilmore Subject: Is California's cities ban on plastic bags working? Follow Up Flag: Follow up Flag Status: Completed Christina Gilmore, Los Gatos Manager Assistant. In 1982 Kroger grocery store chain introduced the plastic bag. In 1983 the Safeway chain introduced the plastic bags. Soon all of the grocery stores and many large box stores like K Mart, Walgreens, and Cosco were putting their products in plastic bags. At the time little if any thought was given to where the plastic bags would finally rest after we had discarded them in the garbage. We should all know now where they have gone. Most have gone into our landfill, to wait out the thousand years estimate that it will take to degrade. The rest of the bags have gone into our streams, rivers and oceans where they are ingested or wrapped around animals. For example the Loggerhead sea turtle and other sea animals see the plastic bags floating on the surface of the ocean and looking like the jelly fish that they like to eat, they ingest them. River and sea otters have been found floating on the water with a plastic bag cutting off their air supply. There is a floating island of plastic trash the size of Texas in the Pacific Ocean, north of Hawaii. It has been named the "Great Garbage Patch." It is killing sea life and polluting our water. Since the animals on our planet do not have the ability to rectify this problem then it is up to us. As custodians of the planet "Earth" we must provide a plan to clean up our streams, oceans, rivers and lakes. We must take action to prevent the continual accumulation of the plastic pollution that is floating on our waters. The Banning of plastic bags is the obvious first step. It is up to us to use reusable cloth bags. Once we empty our groceries at home we return our reusable bags to the trunk of our cars and then remember to take them out when we are ready to shop. In no time we have acquired the habit. Some stores give a credit of five to ten cents for each bag we bring to the store. The money can go to a charity. At Los Gatos, Whole foods grocery store the credit for bringing your own bag is donated to the Furry Friends Animal Rescue and has added up to the thousands of dollars. What a great idea. We are helping our environment, the sea animals and also donating to Furry Friends Animal Rescue. Thank you Los Gatos City Council for our streams, rivers, lakes and oceans become healthy once again. Stuart Wisong Los Gatos Author Subject: FW: Please ban single -use bags in Los Gatos - - - -- Original Message---- - From: Carolyn Mone [mailto:carolmone @me.com] Sent: Wednesday, August 07, 2013 11:34 PM To: Council Subject: Please ban single -use bags in Los Gatos Dear Council Members, I respectfully request you take action to ban single use plastic bags and place a fee on recycled paper bags in Los Gatos, I support this measure because it will encourage a shift toward reusable bags. Plastic litter degrades our neighborhoods and local waterways. It is hazardous to public health, wildlife, and is difficult to collect once it becomes litter. As a taxpayer, I believe our budget for litter removal must be spent wisely. Banning single use plastic bags will reduce spending taxpayer dollars on the cleanup of plastic debris. Carolyn Mone 538 Eleanor Dr Woodside, CA 94062 Subject: FW: Please ban single -use bags in Los Gatos - - - -- Original Message---- - From: Cindy Clark [mailto:cindyclarl< @verizon.net] Sent: Wednesday, August 07, 2013 3:09 PM To: Council Subject: Please ban single -use bags in Los Gatos Dear Council Members, I respectfully request you take action to ban single use plastic bags and place a fee on recycled paper bags in Los Gatos. I support this measure because it will encourage a shift toward reusable bags. Plastic litter degrades our neighborhoods and local waterways. It is hazardous to public health, wildlife, and is difficult to collect once it becomes litter. As a taxpayer, I believe our budget for litter removal must be spent wisely. Banning single use plastic bags will reduce spending taxpayer dollars on the cleanup of plastic debris. Cindy Clark 16326 W. La Chiquita Ave. Los Gatos, CA 95032 Subject: FW: Please ban single -use bags in Los Gatos - - - -- Original Message---- - From: Rajiv Parihar [mailto:swatil<shah @hotmail.co Sent: Wednesday, August 07, 2013 4:18 PM To: Council Subject: Please ban single -use bags in Los Gatos Dear Council Members, I respectfully request you take action to ban single use plastic bags and place a fee on recycled paper bags in Los Gatos. I support this measure because it will encourage a shift toward reusable bags. Plastic litter degrades our neighborhoods and local waterways. It is hazardous to public health, wildlife, and is difficult to collect once it becomes litter. As a taxpayer, I believe our budget for litter removal must be spent wisely. Banning single use plastic bags will reduce spending taxpayer dollars on the cleanup of plastic debris. Rajiv Parihar 104 Alta Heights Ct. Los Gatos, CA 95030 Subject: FW: Please ban single -use bags in Los Gatos - - - -- Original Message---- - From: A. Barnett [ mailto:monibarnett@hotmail.comj Sent: Wednesday, August 07, 2013 4:49 PM To: Council Subject: Please ban single -use bags in Los Gatos Dear Council Members, I respectfully request you take action to ban single use plastic bags and place a fee on recycled paper bags in Los Gatos. I support this measure because it will encourage a shift toward reusable bags. Plastic litter degrades our neighborhoods and local waterways. It is hazardous to public health, wildlife, and is difficult to collect once it becomes litter. As a taxpayer, I believe our budget for litter removal must be spent wisely. Banning single use plastic bags will reduce spending taxpayer dollars on the cleanup of plastic debris. A. Barnett 101 Wollin Way Los Gatos, CA 95032 Subject: FW: Please ban single -use bags in Los Gatos - - - -- Original Message---- - From: Judy Long [mailto:iudymlong @comcast.net] Sent: Wednesday, August 07, 2013 5:13 PM To: Council Subject: Please ban single -use bags in Los Gatos Dear Council Members, I respectfully request you take action to ban single use plastic bags and place a fee on recycled paper bags in Los Gatos. I support this measure because it will encourage a shift toward reusable bags. Plastic litter degrades our neighborhoods and local waterways. It is hazardous to public health, wildlife, and is difficult to collect once it becomes litter. As a taxpayer, I believe our budget for litter removal must be spent wisely. Banning single use plastic bags will reduce spending taxpayer dollars on the cleanup of plastic debris. Judy Long 14850 La Rinconada Dr. Los Gatos, CA 95032 Subject: FW: Please ban single -use bags in Los Gatos - - - -- Original Message---- - From: Steve Kaylor [mailto:l<aylorsan @me.com] Sent: Wednesday, August 07, 2013 5:43 PM To: Council Subject: Please ban single -use bags in Los Gatos Dear Council Members, I respectfully request you take action to ban single use plastic bags and place a fee on recycled paper bags in Los Gatos. I support this measure because it will encourage a shift toward reusable bags. Plastic fitter degrades our neighborhoods and local waterways. It is hazardous to public health, wildlife, and is difficult to collect once it becomes litter. As a taxpayer, I believe our budget for litter removal must be spent wisely. Banning single use plastic bags will reduce spending taxpayer dollars on the cleanup of plastic debris. Steve Kaylor 100 Towne Terrace Los Gatos, CA 95032 Subject: FW: Ban Plastic Bags now! - - - -- Original Message---- - From: Peter Binkley [ mailto:peterbinl<ley @yahoo.com] Sent: Thursday, August 08, 2013 4:25 PM To: Council Subject: Ban Plastic Bags now! Dear Council Members, Please ban single use plastic bags and place a fee on recycled paper bags in Los Gatos. 'Reusable bags are the smart way to do our shopping and consumers should be encouraged to do our shopping responsibly. Plastic litter is unsightly in our neighborhoods and waterways. It is hazardous to public health, wildlife, and is difficult and expensive to collect once it becomes litter. Plastic is becoming a permanent part of our landscape and food web and is doing irrevocable damage. Just do some research on the great pacific garbage patch and you'll see we've been going the wrong direction with all of this disposable plastic. Thank you for making the responsible decision, Peter Binkley, MD 16910 Frank Ave, Los Gatos, CA Peter Binkley 16910 Frank Ave Frank Avenue Los Gatos, CA 95032 From: Sue Vang <suevang @cawrecycles.org> Sent: Sunday, August 11, 2013 5:36 PM To: Town Manager Subject: reusable bag ordinance - support Attachments: CAW _LetterOfSupport_LosGatos.pdf Follow Up Flag: Follow up Flag Status: Completed To Whom It May Concern, On behalf of Californians Against Waste, one of the nation's leading non - profit environmental research and advocacy organizations focusing on resource conservation and pollution prevention through waste reduction and recycling, I respectfully submit a letter in support of a Reusable Bag Ordinance in Los Gatos. Please forward as appropriate. Thank you for your assistance. Best, Sue Vang Policy Associate I Californians Against Waste 921 11th Street, Suite 420 1 Sacramento, CA 95814 (p) 916- 443 -5422 1 (f) 916 - 443 -3912 www.cawrecVcles.org Get updates and support us on Facebook, Twitter, or Causes! - f; tans A_ _ Conserving Resources. Preventing Pollution. Protecting the Environment. August 9, 2013 Mayor Barbara Spector Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Re: Reusable Bag Ordinance — Support Dear Honorable Mayor Spector, Californians Against Waste (CAW) respectfully urges you to support a reusable bag ordinance in Los Gatos. Single -use plastic bags are a costly, environmentally damaging, and easily preventable source of litter and pollution. Light and easily airborne, plastic bags are uniquely litter -prone even when properly disposed of, and pose a serious threat to our environment and wildlife. Plastic pollution kills thousands of birds, turtles and other species and threatens California's multi billion dollar ocean -based economy. When they are no longer visible to the naked eye, plastic bags are still not gone but have degraded into particles that adsorb toxins and contaminate our food chain and water. In addition to the environmental benefits of this ordinance, there are considerable direct economic benefits for the Town, including lowered litter and clean up costs, reduced maintenance and sorting costs for the curbside recycling program, decreased clogging and cleanup of stormwater systems, and of course diminished grocery costs. Los Gatos residents are currently using over 10 million plastic bags annually. These "free" bags cost grocers over $175,000 each year, a cost that is then passed on to their customers. This type of bag ordinance, as evidenced by recent numbers from LA County, successfully reduces both plastic and paper bag distribution. One year after implementation, the County reported a 95% overall reduction of all single -use bags distributed, including a 30% reduction of paper bags. San Jose's one year report after its bag ordinance implementation showed almost 90% cleaner stormwater systems and 60% cleaner streets and creeks. CAW has worked with retailers, bag manufacturers, and local governments to try to manage single -use plastic bags through recycling. We sponsored AB 2449 (Levine) which provides in -store recycling for plastic bags. Despite establishing the state's largest collection infrastructure for any single material, efforts to manage plastic bags through recycling have failed. In the latest report from 2009, only 3 % were returned for recycling. Efforts to enact a statewide ban of plastic bags with SB 405 (Padilla) failed to pass earlier this summer. Los Gatos and other municipalities, who are primarily responsible for the clean -up and cost of plastic litter, cannot wait for state action. Plastic marine pollution is a global problem with local solutions. The phase out of single -use bags is a proven solution for combating waste and the costs of plastic bag litter, CAW thanks the Town for its environmental leadership and urges you to continue this tradition of leadership by supporting the single -use carryout bag ordinance. Sincerely Mark Murray Executive Director cc: Town Council Members 921 11th Street, Suite 420 • Sacramento, CA 95814 9 (916) 443 -5422 FAX: (916) 443 -3912 9 www.cawrecycles.org From: DLRedwoods @aol.com Sent: Monday, August 12, 2013 1:27 PM To: Town Manager Cc: Christina Gilmore; sheila.sanchez @patch,com; BSpector; bschmidt @valleywater.org; Gloria.Gill @PRK.SCCGOV.ORG; ellen.sweeney @comcast,net; sweeney.djs @gmail.com; bethphilli @gmail.com; lindsey. rabbitt- cerelli @wholefoods.com; dsparrer @community- news papers.com; jpeterson @community- newspapers.com; dlewis @savesfbay.org; Ikasa @saveourshores.org; activist @surf rid ersantacruz. org ;janice.frazier @sbcglobal.net; mondy @sccreeks.org Subject: Re: Reusable Bag Ordinance - -Los Gatos Council Mtg., 08/19/13, >My Feedback< Attachments: 072513plbagjpg; SeaTurtlePlasticBagl.JPG; TerryMcCormacjpg I am for reusable bags, not plastic bags, not paper bags. Following is my response to some of the arguments I read, hear, against a plastic bag ban ordinance. 1. Reusable bags may lead to E. coli infections. My response: Just like my clothes I machine wash with the clothes my made in the United States of America reusable. bag (call 1- 800 - 333- 6737). There are other providers. Also grocery stores will have the vegetable, fruit, fish, meat lighter bags still available after the ordinance to safely hold foods and lessen outer reusable bag contamination. 2. Charging a fee for paper bags is another tax. Now government is interfering with my shopping? Government should be more concerned with fixing potholes. My response: Like petroleum based plastic bags, paper bags are a bad idea. Already this year about 2 million United States acres, including millions of carbon sequestering trees, have been destroyed by wildfires. Cutting down trees for paper bags is not a good idea. Just after San Jose banned plastic bags I saw for me a historical number of paper bags at a Target store. Turn the ordinance into an overall positive, Merchants could consider giving a 10 cents credit for each reusable bag used. Or like Gayle's Bakery in Capitola; give a numbered ticket for a weekly $100 gift certificate or similar drawing. Merchants, including others such as Realtors can create their own made in the U.S.A. washable, reusable bags for sale and /or advertising, gifting. The ordinance presents an opportunity to be creative, improve customer interest and help our environment. Stores could hold a contest for shoppers to artistically create their reusable bag design. Winning choices receive a gift certificate and showcasing in Los Gatos Patch and /or the Los Gatos Weekly- Times.. 3. Reusable bags will lead to increase theft. My response: Theft generally seems to be increasing in our society, including packages from porches in broad daylight. In Scotts Valley in front of a CVS I witnessed a person load up many partially filled shopping bags, plastic, not reusable, into a shopping cart then enter the store. Why? Possibly to steal. I called the police and they called the store to watch. 4. Plastic bag manufacturing workers will lose their jobs. I use the bags in small garbage cans and /or to pick up after my dog. Why change current availabilities? My response: Plastic bags are petroleum based, have clogged storm drains, jammed recycling machines and more often than not waste can trashed or littered (see attached photo with a gnarly plastic bag near Los Gatos Creek taken by Sheila Sanchez, Los Gatos Patch Editor and creek cleanup volunteer). Los Gatos Creek empties into the Guadalupe River which empties into the San Francisco Bay. The bags have caused sea turtles, who mistake them for jellyfish, to choke (see attached photo from the Internet). Or other marine life such as a baby sea otter (see attached photo by Terry McCormac) to become entrapped. People from outside Santa Cruz County visit beaches some times with plastic bags. Plastic bags blow or are pulled out of trash cans and dumpsters particularly by seagulls and crows searching for snacks and if into the waves eventually could become a part of the larger than Texas Great Pacific Garbage Patch, northwest of California. There are dark colored biodegradable, not resembling jellyfish, pet waste bags. Workers can be retrained to manufacture reusable bags. David Lane, Los Gatos, Volunteer, 2011 Santa Clara County Creeks Coalition Watershed Keeper of the Year Conservation August 11, 2013 =P is NO AUG 15/ 2013 Activism Research Education Members of the Honorable Los Gatos Town Council 110 E. Main Street Los Gatos, CA 95030 Dear Honorable Town Council Members, The Santa Cruz Chapter of the Surfrider Foundation is aware that the Los Gatos Town Council will consider a city -wide ordinance aimed at reducing or eliminating the widespread use of single -use plastic bags and single -use paper bags in the city's retail establishments. We understand that this ordinance will be produced by city staff at your direction, and we wish to thank all concerned for their hard work on this important coastal issue. In general, we are in support of all actions which tend to reduce marine and environmental litter, so we wish to supply the following comments. The Surfrider Foundation is a non - profit grassroots organization dedicated to the protection and enjoyment of our world's oceans, waves and beaches. Founded in 1984 by a handful of visionary surfers in Malibu, California, the Surfrider Foundation now maintains over 55,000 members and 80 chapters worldwide. For more information on the Surfrider Foundation, go to www.surfrider.org For local information, go to www.surfridersantacruz.org We urge all members of the Los Gatos Town Council to vote in favor of a ban on single - use "carryout" plastic bags and to attach a modest charge on all single- use "carryout" paper bags. We understand the ordinance will be written with the intention of strongly encouraging the shopping public to switch to re- useable bags of washable clothe or other thick, re- useable material. 2222 East Cliff Drive, Suite 234, Santa Cruz California 95062 83.1- 476 -7667 activist @surfriders "antacruz.org www.siitfridersantacru" pl As coastal residents, we are keenly -aware of the catastrophic environmental issue that single -use plastic bags represent because of their incredible longevity in the natural environment. As a petroleum -based material, plastic products do not ever biodegrade, and "disposable" plastic bags are a distressing and common item of litter in our neighborhoods, our natural areas, our waterways, and our oceans. Plastic bags are also a notorious threat to our wildlife, both on land and sea. For example: each year over one million seabirds and one- hundred thousand marine animals die from ingestion of or entanglement in plastics, (including plastic bags which look like jellies to hungry sea creatures).. Around 100 billion petroleum -based plastic checkout bags are used each year in the United States, requiring an estimated 12 million barrels of oil each year. Sadly, less than 5% of these bags are recycled each year and cities, counties, and non -profit organizations must pay millions of dollars each year to clean up plastic litter. Carry -out paper bags are also a major source of litter in our communities, and as products commonly intended for a one - time -use, their manufacture, transport, and disposal represents a huge waste of shrinking resources. Your positive action at this time will clearly be in step with the trend evident in other environmentally -aware jurisdictions and demonstrates that Los Gatos is a regional leader on this issue. We remain hopeful that other nearby jurisdictions will follow your action and implement similar plastics and litter reduction ordinances. Our Surfrider chapter looks forward to the forthcoming ordinance. We also want you to know that we believe a tremendous number of town residents will welcome such an ordinance and support such an action. Please, feel free to contact us if we may be of assistance in this matter. For the oceans, waves, and beaches, Matt Kuhn and Sarah Mansergh Co- Chairs, Santa Cruz Chapter of the Surfrider Foundation 2222 East Cliff Drive, Suite 234, Santa Cruz California 95062 831- 476 -7667 activist @surfridersantacruz.org www.surfridersantaciuz.org P2 Public comments opposing Regulation of Single -Use Carryout Bags THIS PAGE INTENTIONALLY LEFT BLANK From: Kirsten Dryden <kdryden2 @yahoo.com> Sent: Friday, June 07, 2013 2:50 PM To: Christina Gilmore Subject: Re: Reusable Bag Ordinance - Retailer Information Meetings June 13 & June 18 Hello Christina, Thank you for your e -mail. I will be on vacation from June 9th - June 20th and therefore will miss both meetings. If needed and helpful please stop in and grab one of our bags. We have paper shopping bags with handles that are three sizes. One has a silver stamp on it and the others we order the basic paper shoppers from uline and put an Automobuild sticker on the front. I don't love the idea of charging for a bag. People love a nice bag! One idea that might be great ... is to have a generic "shopping in Los Gatos" bag. If the bag meets all the recycle criteria and we can get the price down to something reasonable it might be fun to all give out the same bag. Just an idea. I also will say that it is necessary to have a handle on a bag.. Mom's need to hold their kids hands so they can't be using both hands for a bag. Often Mom's will hang the bag on a stroller etc.. I hope this e -mail helps. I am sorry I have to miss the meetings. I look forward to hearing what is decided.. Kind Regards, Kirsten Dryden Automobuild On Thu, 6/6/13, Christina Gilmore <CGilmore(c�los atosca. ov> wrote: From: Christina Gilmore <CGilmore cr,los atosca.gov> Subject: Reusable Bag Ordinance - Retailer Information Meetings June 13 & June 18 To: "Christina Gilmore" <CGilmoreQlos atg osea.goov >, "Monica Renn" <mrennnlos atosca.goy> Date: Thursday, June 6, 2013, 2:46 PM Dear Los Gatos Retail Business Owner, The Town of Los Gatos will be holding retailer information meetings on the proposed reusable bag ordinance on June 13 at 8:30 a.m, and June 18 at 12 noon. The meetings will be held at the Los Gatos Chamber of Commerce offices located at 10 Station Way, Los Gatos. From: Vintages <sales @vintageslg.com> Sent: Wednesday, July 10, 2013 6:14 PM To: Christina Gilmore Cc: Ronee Nassi Subject: Re: Town of Los Gatos - Reusable Bag Ordinance - Community Meeting -July 25,7 p.m. -8:30 p.m. I hope to be able to make the next meeting, but I want to make one point. Jan 1st 2014 is too early! I typically buy 1 year + each time I buy bags, which I need to do to keep costs down. My most recent purchase was in March! I have enough of some paper bags to last until next summer. The bags I have in stock range from 10% to 40% recycled, but do not have all the printed info you require ... and mV supplier would charge me to print the special info Vou want on the bag. Why can't the date be pushed out far enough for independent shops (which Los Gatos - encourages by its town general plan) to use up existing supplies of paper bags. We already encourage people to not use bags or to use bags they already have from other retailers, so our rate of use is down, which of course is extending the life of our inventory. I like the ordinance, but the implementation time is too short for non- formula stores like us. I have no problem with the 10c charge (even using my current bags), but the recycled % of my current bags and the special Los Gatos required markings on the bags are BIG problems. Bob & Susan Bortfeld Vintages 130C N. Santa Cruz Ave., Los Gatos, CA 95030 tel 408- 399 -9090 e fax 408 - 399 -9097 Website: www.vintagesantiques.com Blog: vintageslg.blogspot.com On Wed 07/10./13 4 :16 PM, Christina Gilmore CGilmore @losgatosca.gov sent: The Town of Los Gatos Invites You to a Reusable Bag Ordinance Community Meeting. When: Thursday, July 25, 2013 7:00 -8:30 p.m. Where: Town Hall Council Chambers 110 E. Main Street Los Gatos, CA A little more about the meeting: The Town of Los Gatos is joining many other cities in the region to encourage the use of reusable bags for purchases at retail stores. Community members interested in learning more about this proposed ordinance and what to expect are encouraged to attend this community meeting. For more information about the proposed ordinance, please visit www.LosGatosCA.gov /ReusableBags 1 From: Robbie Biller <rbiller @frenchcarrot.com> Sent: Monday, July 15, 2013 9 :10 PM To: Christina Gilmore Subject: Plastic bag ban Follow Up Flag: Follow up Flag Status: Completed Hi, I heard about the proposed ban on plastic bags, and I have some questions. The Los Gatos website said there is a community outreach meeting on Thursday, July 25th. Is this meeting supposed to be getting the communities opinions in a two -way dialogue, or is it more of a one -way dialogue, merely informing the community about what is going to happen? Regarding bacteria on reusable bags, the FAQ on the Los Gatos website says: "Reputable, independent studies, have found that reusable bags contain less than SS colony units of bacteria, which is far less than you would find on a doorknob, kitchen sponge or kitchen countertop. " The FAQ does not give any references for these studies. I'd like to look at the studies, so I'd like the references. Also, are there any other upcoming meetings or other information not covered on the website? Any other meetings that would be appropriate to attend? I don't know if regular council meetings would be the right place or not. Sincerely, Robbie Biller From: Robbie Biller <rbiller @frenchcarrot.com> Sent: Wednesday, July 17, 2013 11:20 PM To: Christina Gilmore Subject: RE: Plastic bag ban Thank you for your reply, and quoting the relevant section. However, after looking at San Jose's Draft Environmental Impact Report, I find it to be a pile of rubbish. For starters, the sample size of reusable bags is far too low. They only sampled 25 bags, which is practically criminal when dealing with something that could literally take the life of innocent children. For arguments salve, if we assume a harmful contamination rate of one percent (Which is absurdly high. Actual contamination rates are going to be far lower.), the study would have to increase the sample size by four times to even catch a single contaminated bag, statistically speaking. Not to mention that as far as I can tell, there was little investigation into looking for particularly harmful bacteria, because that's what actually matters about this whole bacteria discussion. Everyone should know that the entire planet is covered in microorganisms, and nearly all of them are harmless, but it's the tiny fraction that can make us sick we need to worry about. To quote: The study said that an "unacceptable total coliform count was found in three (12 percent) of the reusable'bags, indicating the possible presence of intestinal bacteria (no specific test, however, was done for fecal coliform). Seems like that would have been a good time to do some more testing, yet they did none. Glancing through the rest of the report, I find nothing better. Pointless discussion about how plastic and paper bags release toxic chemicals, yet ignore reusable bags as though they were made of magic pixie dust that can't harm anything. A rather baffling discussion about how cockroaches will eat just about anything, and then imply that paper bags breed cockroaches.. To wrap up, I find that San Jose's report is lacking in scientific rigor, padded (to the tune of 174 pages) with irrelevancies, contains unfounded statements, and on the whole, is basically useless. It is my hope that if Los Gatos wants to reduce its environmental footprint, it should find better ways of doing it. There are far better ways than this. Ways that will have more impact than this questionable business. I'd love to discuss better ideas, from the simple and boring to the crazy harebrained ideas that just might work. For instance, outright banning things seldom makes people happy. Instead, it often makes them angry and hostile. When they have been inconvenienced enough by a ban on bags, they will start to see any further environmental causes in a bad light, even if those subsequent causes can have ten times the positive impact of banning bags. Put in a familiar saying, "you catch more flies with honey than you do with vinegar." (Of course I'd rather use maple syrup, since I don't like animal products.) Sincerely, Robbie Biller Lee Eljak. 217 Chateau La Salle Drive San Jose CA 95.111 Los Gatos City Council 1`10'E. Main St Los Gatos CA 95030 July 25, 2013 Reference: Plastic Bag Ban Dear Los Gatos City Council members, After living under San - Jose's restrictive ban on plastic bags, here are my-recommendations for the city council: 1) Let the voters decide. 2) Revoke the unfair paper bag - charge to the.consurner /taxpayer. a.) The ban and subsequent 10 cent paper bag fee steads money out of everybody's pocketbook; b.) This environmental clean -up fee should be part of the business costs and not extorted directly from the consumers pocket, c.) The 10 cent charge ;per bag sounds ike price - fixing; do I sense a class- action lawsuit against the cities taking the 10 cent fee? I wonder how many folks notice that the .fee goes to 25 ,cents after one year; again, no originality and the 25 cents also reeks of price-flking. d.) Grandma or grandpa living on social security and not on welfare need all the money they get, punishingthe elderly and the non - welfare poor with the paper bag fee reeks of"injustice. e.) Why is there no outcry from the merchants? is it because the paper'bag fees are profitable for the stores ?' 3) Prevent`.health.risks to the public. a.) Plastic bags are sterile; reusable bags brought into store are not guaranteed sterile; They have been news stories detailing unclean:bags coming into the stores. b;j Consumers use the plastic -bags at home for nagging garbage; paper bags won't do. c.) Vermin disposal is more easily done with using plastic bag as a glove, Grab the dead rat or mouse with you plastic bag glove, invert the bag encasing the rodent in the plastic bag and tie . off the bag for convenient disposal in the trash. Humans.don't touch a possibly diseased rat. d.) Else, the dead rat sits atop the garbage pall attracting flies and all the health risks associated. Envision your, spouse opening the garbage pall to see maggots dining on the rat ('or mouse) carcass. 4) Don't clone other cities' ordinances 'be creative. a.) Do the ban, but eliminate the paper bag fee. b.) Research bio- degradable plastic bags c.) Charge CRV on plastic bags•to allow consumers money back. d.) Pay the homeless -a fee for each bag picked up in the creeks or streets. 5) Silicon Valley cities need to focus on more important priorities: a.) Jobs; b.) Finding homes for the 5,000 or more homeless; c.) Addressing the cost of astronomically high housing prices; d.) Addressing the exorbitant rents (San Jose has the highest rents in the United States of America, surpassing New York and Honolulu); e.) 500,000 illegal aliens In the bay area; f.) Graffiti -laden freeway signs, noise barriers and defaced private property; g,). Drugs; h.) Gangs. In summary, do not ban the plastic bag. If you do ban the plastic bag, rescind the paper bag fee. Support your constituents. If you let this plastic bag ban go into effect, the next anti- business gesture is going to ban Styrofoam products, Then perhaps disposable diapers, both infants and adult diapers, will be banned, Then what? Cigarette butts? Respectfully, Lee J Ellak Ln 0 a V) W m m c m L S. O 41 N cr o ` > O X'+ m .r bp ai u a 4� y c < o U Ln CS3 a O 't o m a a a N c a m m Q . C 4-, r 4 r ti > Q 3 a1 Ql Er CL W 'Ui m ao > � o G u N m ' u (3] 0 tow N L � O � . � 0 oz 0 m o rya p- E > a) rya 41 4 O cu o > 4) O �r1 M Ln OJ L. al L } 0 t C bb .m i Q ,0 � ns o `^ �c a �1 �4 �ll 0 ui w O N cr O O O i. CS3 O aj u C N r V u C tow q oz o =3 �. 4- 4) O ro M OJ LA tn t a u � c Lo OJ L. al L } 0 t C bb .m i Q ,0 � ns o `^ �c a �1 �4 �ll THIS PAGE INTENTIONALLY LEFT BLANK 7 -25 -2013; Good evening. I am a longtime resident of Los Gatos and oppose the proposed bag ban. I believe special interests are lobbying elected officials to push consumers to reusable bags, not to benefit the environment but to generate profits under the guise of environmentalism. These ordinances we've seen in other cities like San Francisco and San Jose are an orchestrated cash grab for big grocers who keep every penny they collect from the bag charges. What's worse, once adopted expect 10 cents rises to 25 cents then rises to a buck and higher with nothing consumers can do about it. Aren't we tired of government telling us what's in our best interest? I am and I'm speaking up because of it. Sure, I'm all for protecting the environment but the facts are plastic bags make up a super -small fraction of litter and won't reduce much waste in our landfill. In a New York Times interview, environmental policy expert Mark Daniels said "Moving consumers away from plastic bags only pushes people to less environmentally friendly options such as paper bags, which require more energy to produce and transport, and reusable bags, which are not recyclable," Recently I've seen articles where plastic bag bans even lead to increased shoplifting. .plastic bags area convenience to customers and 9 out of 10 bags are reused. The ban in San Jose aggravated me so much I stopped shopping at some stores there. I'm tired of the exaggerated environmental claims and really just want government to but out. If I want to use reusable bags at Safeway I will but don't punish me if I don't. Make the right decision and oppose a plastic bag ban. Rob Huston 111 Abby Wood Ct Los Gatos CA 95032 . . . . . . . . ... t rut h- . Ut 0 plAbo Despite the facts, plastic bags have gotten a bad rap. Here's the truth about your plastic bags and why they are the right choice for 'the, environment, your wallet and j your community, Litter and Comp OsItion R PLIC,B*S Plastic bags. are 100%-reusable and recyolable. Roicycle your plastie bags In, th,6'bins outside your local grocery store. 4,0 t truth,,., he About o 4. -CLO Bags 4116 P, IA I SM!- RN IA I RIAMM The Dilot So Green The U.S, ITC reports that hundreds of millions of reusable bags are Imported to the United States each year., It takes more energy to transport a reusable bag from ur overseas than it -does to manufaature and trans anAwerican— ade�' plastic bagf, 'jN ..... . . . . . . . . . . . . . . . . . . . . . . . . ............. M-__ Some stores have seen deelfiaes in bustness. One Solana Beach business saw A 2_R percent decline in business following the implementation of the ban, A Groeery Outlet Store told a, Portland newspaper that they have last over $1.0,000 to shoplifters using rousable bags. out 0 stic LS Businesses One store found that Sao Klastic,grocory baskets ave been stolen by customers, since the bag ban was announced. Following Seattle's ban on ' plastie bags, nearly 40 perceat of storeowners surveyed, post-bait reported seeing their costs for aarryoutbag-$ increase between 40 and 20 G Pereont. truth.. out 0 stic LS Businesses One store found that Sao Klastic,grocory baskets ave been stolen by customers, since the bag ban was announced. Following Seattle's ban on ' plastie bags, nearly 40 perceat of storeowners surveyed, post-bait reported seeing their costs for aarryoutbag-$ increase between 40 and 20 G Pereont. i I . '. . " *,' ., : �; . : " : :. - - .1 T - 4 , ..I.. \2 b RAQ Sty, A. .4 ty' Mop N .... .... .. .. ;,Y, ,x. A F� _q, Jil. V, •-ho I" tF ,., 1. , i/ AJjatim Q, & Ilk YA1 W._ mb jjal W"4 YQ No QNXIM., M. A10", "YA01, POST. e-j wvm ilk .:q itr?// w x WR R 04 .5111"M 21-11, "MANG, :t. M 1 11 0'. 1, � "-.. , , 4 � v ., A - a No �jvj, 01 Q.—VA" Wool toys � It d 04 N 6�4vn.%. a wa I O"A" NOT,, wo .401�5t:jkf 4 ROY 4;0�. 4$A,1,w W "Y Q Wy -0>4 K& -tit q no, CwTvaAM I W I - q F 140d Q� w pal IV -0 At Ac 3w !Wqk I,, I PWM "vL (43WV I -M, W Al" Ow". 1 W!"y' 4 N V, C.dr_v ''iii;'. ,// Ozg. U—n- W I-A l"; —6— — 'U *: •hilpfti- _1w Mir, 16071'. '6u h 'Ohn-M-4- T. 1-tewaas%lav WIM of V44. own s, "W".- 64. Mi� P, 'T "1' 04, X t_ . .... . - d W 4 c X oWE O A W w We -:b r.. MT: vg. t.. tv 0 vamp i 7m.-MM wool to 4 •"MMITTSIA f'. :,, !) - was, THIS PAGE INTENTIONALLY LF,FT BLANK From: StopThe BagBan <stopthebagban @gmail.com> Sent: Friday, July 26, 2013 12:05 PM To: Christina Gilmore Subject: Bag Ban Presentation Follow Up Flag: Flag for follow up Flag Status: Completed Christina: Thanks for running the meeting last night and listening to the comments from people. I was just disappointed that the conversation was cut off early as we still had a lot of negative impacts of the ban to discuss. As I mentioned in my other email to the city council, I have 25 of them listed on our website. Unfortunately, I loaned your presentation handout to someone else who tools it home. Can you send me a copy of your presentation? Also, may I respond to you about your presentation after I review it? The presentation included a number of false and misleading statements about bags that can be refuted by facts. I believe that you would want to present accurate information to the public and the city council on this issue. I also noted that it does not list any negative downsides of the bag bans. One item to mention that is often misquoted is the city of San Jose report l year after the ban. Did you read their report and investigate the supporting data? We actually asked for it and have it. It turns out that they compared DIFFERENT areas pre and post ban. Also, NON - PLASTIC bag trash also decreased by 30% in the numbers, which means the 89% number is wrong. But that is never mentioned of course, and cities like Los Gatos just take the number that was passed to them and reprint it without question, which is a shame. And even if 89% is true, isn't it alarming that 11% of the people are shopping outside San Jose? (Otherwise where are those bags coming from!) That means 110,000 people are shopping in cities like Los Gatos, Campbell, and Milpitas. That is great news for you! Anyway, thanks in advance for sending out the presentation. Don Williams From: Joseph Sze <josephs609 @gmail.com> Sent: Friday, July 26, 2013 4:46 PM To: Town Manager Subject: Comment card on bag ordinance? Compliant on how meeting was handled last night Dear manager, Los Gatos seems a nice town. However yesterday a meeting I attended gave me a very bad impression of the town for the first time. First of all it appears that the staff wanted to close the meeting early as most of the resident's comments are opposing not supporting the proposal therefore not going their way. I almost got cut off when the staff asked any last comments she immediately proceeded to close the meeting it was after repeated requests she did not close on me. Second of all while the meeting is scheduled to end at 8:30pm the staff decided to cut off much discussion time after they closed the meeting a half an our early. Essentially cutting off the discussion to lockup the chamber early without asking if the residents need anything else or for more questions. I am really disappointed in how the city handled this issue. Isn't the city supposed to work for the people? If people don't support an ordinance is it the proper way to kick them out of the chamber and proceed with it anyways I also looked for the comment card. I could not find any. I wonder can I find it online. Please give me links to it. Thank you Joseph From: Joseph Sze <josephs609 @grnaH,corn> Sent: Friday, July 26, 2013 5:00 PM To: Town Manager Subject: Negative view of otherwise nice city Staff attitude toward bag ban opponents Dear city staff, I attended the meeting about the new bag ordinance yesterday. I saw on the presentation paper there is something about a comment card. Though I did not see the comment card either in the chamber nor online. I have many concerns on how the meeting was handled. While your staff seemed friendly at first they seem to be prejudicial when they noticed that 10 out of 14 attendees spoke out saying the ban is not a good idea for the city, The staff closed the meeting half an hour prior to scheduled ending time and pushed the residents out of the chamber without listening to them or ask if they need more help or assistance. Last year I applaud the city for rejecting the idea for their city after they learned most residents are opposed to the measure when asked whether they should follow San Jose.The mayor said if one wants to do it, it should be done at the state's level. I am very dissappointed that this year the city has followed other cities in allowing special interests overpower the residents in decision making. I take pictures of different locations many times during the past year I noticed Los Gatos Creeks, streams, and roadways are much cleaner than San Jose. The San Jose's data is completely screwed as it shows the same amount of bag litter reduction the year before the bag ban went into effect showing. This clearly shows that the data is inaccurate or something else other than the bag ban caused the drop in litter. I,e forceful eviction and bulldozing of homeless encampments along the creels, Your city is otherwise a nice city if only you would listen to the residents and not the special interests. If you pass the ban against the people's will we the people are going to start a petition to overturn the ban, From: Jim Pfeiffer <jim.pfeiffer @verizon,net> Sent: Saturday, July 27, 2013 8:28 PM To: Christina Gilmore Subject: Plastic Ban Ordinance Follow Up Flag: Flag for follow up Flag Status: Completed Please forward this email to those city officials responsible for the enacting the ordinance to prohibit single use plastic bags in our local stores. Please don't fall for this ineffective and emotional reaction to litter. I remember when several years ago these same environmentalists lobbied to stop the use of paper bags. According to them at the time we were killing the forests. Over the years we've learned to make these bags from nearly all recycled paper materials. There are many alternatives that don't force. this inconvenience and create health hazards-for shoppers that this ordinance would impose. The city should take the lead in promoting the options to plastic, while still leaving the choice up to the consumers. A much more enlightened approach for the city would be to use its efforts to educate the public on proper disposal and recycling of the current single use bags. The basic principles of conservation apply here: the greenest individual choice is the one that results in the greatest actual reduction, reuse and recycling by the consumer, Eliminating the options is the wrong solution. Paper grocery bags require five times more energy to produce than the plastic bags. What people don't know is that each paper bag will ultimately result in between tens and hundreds of times more greenhouse gas emissions than a plastic bag. It is suspected this is also true of reusable bags if used only a few times and then discarded. Another argument for single use plastic is that more and more people reuse "single -use" plastic bags. We use these for household tasks like bagging garbage and cleaning up messes. We also reuse paper too, and the point here is that we need both. We deserve the choice. The city should also work with the packaging suppliers to encourage them to replace the current petroleum based bags with biodegradable plastic bags. . These materials are now available everywhere for eating utensils, food containers, and compostable bags. Although they are not a significant improvement over paper bags in terms of fossil fuel use, greenhouse gas emissions, and fresh water to make, they do require somewhat less total energy and generate less solid waste. The view that prohibiting plastic bag use is evidence of the city's progress on environmental issues is not right and is popular for the wrong reasons. It is proof that good intentions coupled with bad information and bad government intervention can lead us astray. Please don't follow in the footsteps of the cities around us that have already fallen for this Jim Pfeiffer Cell: 408 497 0909 Email: jim.pfeiffer(a)verizon.net Subject: FW: Comment card on bag ordinance? Compliant on how meeting was handled last night From: Joseph Sze [mailto:iosephs609(�i)gmail.com] Sent: Monday, July 29, 2013 12:59 PM To: Janette Judd Subject: Re: Comment card on bag ordinance? Compliant on how meeting was handled last night Thanks for noticing it me. This was not mentioned in the meeting at all. I strongly hope the city listens to its people and not be pressured by special interests nor peer pressure from other cities. If residents oppose they should respect their wishes. In the discussion for residents last Thursday I noticed 10 out of 14 opposed the measure. I hope this nice city don't side with interests more than the residents as with San Jose and some other Cities. Though the city staff responded by dismissing the residents early instead of staying till the scheduled 8:30 dismissal time to discuss and answer additional questions that might come up. I really hope this nice city would put residents ahead'of interest groups which San Jose and some other cities. By the way are there any chances I can write additional comments for this meeting. Joseph Sent from my iPhone 1 From: Icing on the Cake <info @icingonthecakebakery.com> Sent: Thursday, August 01, 2013 9;39 AM To: Christina Gilmore Subject: Good Morning! Hi Christina, I was reviewing on -line information regarding the proposed Town ordinance restricting plastic bag usage. Since more than 90% of our revenue is generated from food that we prepare at the bakery, would we be exempt from the proposed ordinance? Thanks, Lynn Magnoli Owner /Icing on the Cake From: Stop The Bag Ban <stopthebagban @gmail.com> Sent: Friday, August 09, 2013 9:42 AM To: Cc: Pamela Jacobs; stopthebagban @gmail.com Subject: RE: 'Bag Ban Presentation Christina 1. Can you tell me how the city council voted (the count and who voted) to instruct the city to draft an ordinance? I couldn't find it when searching online through archives. (When was it done ?) 2. Also, please clarify how much credit the Regional Water Quality Control Board has promised if Los Gatos passes a bag ban. And have you already measured the number of plastic bags so you know how much reduction there could be? In your report, you state these points: The Regional Water Quality Control (RWQC) Board has mandated that cities reduce the amount of litter escaping into waterways by 40% by 2014. It is part of our Municipal Permit. One strategy identified by the RWQC is for cities to adopt bag ordinances to prohibit disposal, thin plastic carryout bags from retail stores. So just want to get some clarification on how you will measure this, or how many "points" you are promised by RWQC. 3. Do you have copies of any other reports or presentations that were given to the city council? I am finally getting some time to be able to respond to your report, which I hope will be helpful for you to present a balanced view to the council. Thanks, Don Williams From: Stop The Bag Ban [mailto:stopthebagban @gmail.com] Sent: Thursday, August 01, 2013 12 :34 AM To: 'Christina Gilmore' Cc: 'Pamela Jacobs' Subject: RE: Bag Ban Presentation Christina: What is the intended vote count by the city council for the bag ban in Los Gatos? (From your information, how does the council intend to vote ?) I have watched this process in several cities, and it has always been a done deal from the beginning. From your information, comments, lack of response from any council members, and just the fact that this is moving forward toward a vote, that indicates that the city council has basically already decided to implement the ban. Is that correct? Was there a vote when the city council told the city workers to create the Ordinance? I have watched frustrated citizens in several cities raise serious issues with the bag bans, attend meetings, write emails, only to just get ignored by the city council members. Worse yet, the city council members make comments as they vote for the ban that obviously indicated they did not do any serious research and had already made up their mind. Things like "this is just the right thing to do" or "why are we so far behind other cities in doing this" etc. shows a complete lack of investigation into the issue. Or they will quote a concern about the pacific garbage patch, yet done no research that reveals there are NO plastic bags found in any exploration of the pacific garbage patch. I just want to know if we, and the Los Gatos citizens, are just wasting our time in trying to provide city council members information that reveals the complete lack of need for a ban, the problems associated with the bans, and concerns over the reach of local government into behavior control. So I'd appreciate knowing how the council intends to vote. Secondly, can you tell me how much credit (toward the 100% reduction goal) the San Francisco Regional Water Quality Control Board has promised to Los Gatos if they pass a bag ban? I did not see that number in your material, except a reference to a need to meet their guidelines. Thanks, Don Williams From: Stop The Bag Ban [mai Ito: stopthebagban gmail.com] Sent: Monday, July 29, 201312:18 AM To: Christina Gilmore Cc: Pamela Jacobs Subject: RE: Bag Ban Presentation Thanks Christina for the response, I did not catch that you had indicated that unless there were any new ideas that the time would be wrapped up. Thanks for sending the link. I'm really busy on the Campbell bag ban repeal petition, as well as several papers on bag bans in general, but would like to try to address the errors of your presentation. ' Just out of curiosity, why do all of the city presentations about bag bans only present one side (the:pro- bag -ban side) to the public and the city councils? I have seen several of these presentations by "city staff" and they a[I look the same, repeating the same pro- bag -ban reasons with absolutely NO negative impacts or concerns even raised. (If any negative sides are even questioned, the city staff then explains them away.) They are a lot of fluff about how bag bans are the greatest thing ever and will solve all these terrible worldwide problems. They also qu'ote several statements that are not backed by fact or lack a thorough examination. I'm just wondering why these are so biased. Is it the bias of the department putting together the report, or are you told to create just a pro -bag -ban presentation? Thanks for any insight you can offer, because a citizen would assume that the city was providing a balanced perspective, but I have never seen it. Thanks, Don Williams Subject: FW: Plastic bag ban Attachments: marketljpeg; marketljpeg; market3jpeg From: Robbie Biller [ mailto :rbiller(a)frenchcarrot.com] Sent: Saturday, August 03, 2013 2:55 PM To: Town Manager Subject: Plastic bag ban Hi, (I hope this is the right email for matters concerning the plastic bag ban. It's the email they said to use at the July 25th meeting.) I attended the meeting on Thursday, July 25th, and one of my comments was "what do the vendors at the Farmers Market think of this ?" Cristina said that she had not gotten their take on it, but she would investigate. Well, being curious, I decided to do my own thing, and the following Sunday I asked the vendors for their take on things, and if they would sign an informal poll supporting a Farmers Market exemption for the Los Gatos plastic bag ban. The total count is 24 signatures from 22 different vendors. (Including a signature from the market manager. Wasn't sure if it should count as vendor or not.) I've attached scans of the signatures. I realize that this whole thing is totally informal, but the results show that a lot of Farmers Market vendors oppose the plastic bag ban as currently defined, and would support an exemption for the Farmers Market. Sincerely, Robbie Biller I support a Farmers Market exemption for the Los Gatos plastic bag ban. Signature Name (Printed) Vendor i Date 'sow VA2 '14 - f a I support a Farmers Market exemption for the Los Gatos plastic bag ban. Signature Name (Printed) Vendor Date VU . . ..... . ............. ...... C, I support a Farmers Market exemption for the Los Gatos plastic bag ban Signature Name (Printed) Vendor Date "71 13 5A- LS A, . . . .. ...... Subject: FW: Plastic Bag Ban - - - -- Original Message---- - From: Aaron Tysdal [mailto:aarontiz @gmail.com] Sent: Monday, August 05, 2013 10:58 PM To: Town Manager Subject: Plastic Bag Ban Dear Mr. Larson, As a Los Gatos resident, I object strongly to the blanket ban on so- called "single use" plastic bags by town merchants. I say this because my family has either reused or recycled every single bag we have received from stores we patronize for the last twenty years.. I also appreciate the practice of bringing your own canvas bag shopping, something we have also been doing for the past twenty years. But this is decision that should be left between the merchant and the consumer and is none of the Town's business. While enjoying the Los Gatos Creek Trail or Vasona Lake Country Park or Oak Meadow Park with my wife and son, I always try to do my part and pick up a few pieces of litter, and I can testify that there is plenty of plastic wrappers and straws and lids and miscellaneous trash, none of which is addressed at all by this ban. Rather, this is simply the latest trendy Greener - than -thou gesture that certain people with too much time on their hands think Los Gatos needs to ape. I don't feel I'm owed a free source of plastic bags, but as long as my family finds shopping bags convenient to use and reuse, we will be doing our shopping in those communities. If this mindless banning sweeps every community in the region, we will just have to resort to purchasing the plastic bags we need, and these will then truly be "single use ". Sincerely, Aaron Tysdal 123 Calle Nivel Los Gatos From: Tom Priest <tomp @caps4ups.com> Sent: Saturday, August 10, 2013 8:40 PM To: Town Manager Subject: Single Use Plastic Bag Issue Follow Up Flag: Follow up Flag Status: Completed I am supportive in retaining the legality of using single use plastic bags by the merchants of Los Gatos. We are a town of responsible citizens and the convenience of such bag use is well warranted. Tom Priest 134 Regent Drive Los Gatos, CA 95032 Subject: FW: new "no plastic bag" ordience From: Brett Holmes [mailto :BHolmes(@ohlone.edu] Seat: Saturday, August 10, 2013 9:52 AM To: Council Subject: new "no plastic bag" ordience Dear Los Gatos City Counsel Members, I just wanted to write to share my disappointment with hearing you are passing an ordnance to ban plastic bags in the town. If I have this wrong, please ignore the rest of this email. The bags are recyclable? That is a good thing, no? And if the concern is that they biodegrade to somehow downstream hurt the environment... why don't we look together at the data behind that claim. I have a Master's in Statistics, I would gladly review that science with you. If it is true, I will be the 1st to help support such a ban. But I do not believe it to be true. And if the environment is the only concern, why are paper bags still legal? And more importantly, why are stores going to charge us for paper bags? Why don't we just go back to grocery stores giving us (paper) bags for free? It just seems fundamentally anti -free to force us to buy and then carry cloth bags. It is a small loss of liberty I know, but one of many these days. Thanks for listening and best regards Brett Holmes 21484 Mary Alice Way Los Gatos, CA 95033 From: Leon Pappanastos <leonpap @earthlink,net> Sent: Saturday, August 10, 2013 2:33 PM To: Town Manager Subject: Plastic bags Follow Up Flag: Follow up Flag Status: Completed I don't think that the citizens of Los Gatos are careless about their use of plastic bags. Therefore I do not see the need to limit their use, Leon Pappanastos From: Melanie Allen <mallen @garlic.com> Sent: Saturday, August 10, 2013 3;15 PM To: Town Manager Subject: Ban of plastic bags Follow Up Flag: Follow up Flag Status: Completed I am adamantly opposed to this ban as based on other cities bans. If Los Gatos wants to ban plastic bag use fine, but to charge people for paper bags is unacceptable. It's just another tax on our citizens, especially our seniors. People from other cities in the area come into Los Gatos to avoid the ban, bringing more commerce to Los Gatos. And why are we following like a bunch of sheep? Melanie Allen 172 College Ave. Los Gatos Sent from my Wad From: Mike Maiten <mike.maiten @gmail.com> Sent: Saturday, August 10, 2013 4:19 PM To: Town Manager Cc: Jackie Rose; April Maiten Subject: Question on the proposed plastic bag ban Follow Up Flag: Follow up Flag Status: Completed I have a question on the proposed plastic bag ban. In particular, will the ban apply to certain types of plastic bags (see below)? I looked on the web site www.los atg osea.gov /ReusableBag_s (which redirected to http: / /www.los atg osea.gov /index.aspx ?NID= 1951) and did not see these cases listed. I recommend that the following types of plastic bags be exempt from the ban: • Single use plastic bags that are supplied by newspapers when delivering newspapers- to-the home. They prevent the paper from getting wet from weather or lawn sprinklers. Without this daily protection, our newspaper would be unreadable due to lawn sprinklers that go on after delivery times in the morning. • Garbage bags (for kitchen size or large size) purchased at the store. These are clearly single use and serve a valuable function. They keep the trash cans in the house neat and prevent soiling the can, and aid in disposal and transport to the refuse bins. Garbage bags are usually purchased in boxes or rolls. • Food Bags (such as zip locks, etc) that are single use and protect food. These are usually purchased in boxes. • Plastic bags that contain small items such as note cards. These protect the item during shipping, storage, display, and transport. The item is placed in the bag by the manufacturer. The item is contained within the plastic protective bag and they are sold together (the item is sold inside the protective bag, forming a single unit of sale). Please let me know how the proposed law treats these kinds of single use plastic bags. Thank you. <MSM> --------------------- Mike Maiten 136 Belvue Drive Los Gatos, CA From: Susan Thompson <spthompson49 @gmail.com> Sent: Saturday, August 10, 2013 4:39 PM To: Town Manager Subject: Reusable Bag Ordinance Follow Up Flag: Follow up Flag Status: Completed Please record me as AGAINST this ordinance. The people in Los Gatos are responsible and do not need a law to dictate their shopping behavior. I resent this sort of intrusion on our personal freedom. I already use re- usable bags. I carry an entire bagful of them in my car at all times. On the rare occasion I forget to bring my bag into the store, I either excuse myself to go get it or take a paper or plastic bag, which I then re -use many times. I don't need my hand slapped if I occasionally forget to bring in my own bag! This is an unnecessary ordinance, designed to wield power and coerce. The businesses maybe don't mind because they get to keep the 10 cents, but we consumers mind a lot. Susan Thompson, Los Gatos Resident i THIS PAGE INTENTIONALLY LEFT BLANK From: Paul Smith <smith5laf @yahoo.com> Sent: Sunday, August 11, 2013 1 :39 AM To: Town Manager Cc: smith51AF @yahoo,com Subject: Thin -film carry -out bags Follow Up Flag: Follow up Flag Status: Completed Jackie Rose Community Outreach Coordinator from Town of Los Gatos The Single -Use Carryout Bag (Reusable Bags) Ordinance is currently scheduled for a public hearing at the August 19 Town Council meeting. The Town Council will consider an ordinance adding a new section to the Town Code to require the regulation of single -use plastic bags. The meeting will be held in the Council Chambers, Civic Center, 110 E. Main Street, Los Gatos. Public comment on this item can be emailed to rnaila« er ti),losgatosca.., -ov and will be received through 3 p.m. on August 19. Any comments received through August 19 will be included in the staff report/ public comment for the August 19 meeting. The August 19 Town Council meeting agenda will be finalized and posted to the public by the end of Friday prior to the meeting (August 16). Please feel free to check the Town website for the confirmed Council meeting agenda and staff reports: lrttp, / /�,vww I „_ o,SGatosca_�;ov The spreading mania to ban these bags is a misconceived effort, looking at only one step in the environmental usage cycle of minimize, use and re -use, recycle, and dispose of bags. Even with our carelessness in handling them, the bags still are far less than 1% of the persistent trash on land or sea. Many studies confirm this, including my own observations in Guadalupe, Los Gatos Creels and elsewhere, not to speak. of sailing through the Pacific gyre and the Sargasso Sea in the Atlantic gyre. Through many miles of floating detritus on one Central Atlantic trip, mostly plant waste, I saw occasional man -made stuff but never a plastic bag. Through hundreds of miles of the Pacific gyre ?: Nothing. There's stuff out there, but more thinly spread than you can imagine. And floating plastic film does disintegrate under solar radiation, down to fragment size that doesn't harm digestion by marine life. Other surveys, possibly motivated by imprecise counts and mis- classification of plastic film debris by volunteers (perhaps by adding in all the plastic film wrapping of packaged foods and other stuff), wildly exaggerate quantities of carry -out bags trashed. This is not to say it's a non - problem; but it's controllable by sensible management that solves the larger debris issues missed by the "bag ban” approach. This is scapegoating of a single issue that's being manageable by proper waste handling, including one process where cities around the Bay are inconsistent. That is the. screening of storm drains, which a few jurisdictions around the Bay are doing, but too many are ignoring the flow of plastic and other trash into the streams and the Bay. Screens work at the entry sumps, at drain outlets, and in creeks and rivers. Many excellent, economical designs are installed around the USA and are doing a great job. Trouble is, your town's clean drains don't do much good if my town continues to belch trash. The cost 1 of high- performing storm drainage is far les than the financial and environmental cost of a "bag ban which doesn't even help with the vast majority of waste plastic film. Plastic film pollutes far less than paper products it replaces, requiring less energy to produce than paper bags, cutting air and water pollution by a huge percentage, normally able to be used /re -used more, lower unit costs of transportation in every phase, and huge reductions in landfills. Paul A. Smith Lt Col, USAF (ret) Fortner systems engineer and project manager, AF Systems Command, SecAF SP, and Lockheed Environmental Studies at UCSC Heather St John From: Dick Allen <rallen @garlic.com> Sent: Monday, August 12, 2013 10;57 AM To: Town Manager Subject: I am opposed to the bag ban Follow Up Flag: Follow up Flag Status: Completed I am opposed to the proposed bag fee associated with the proposed plastic bag ban. This represents a new tax on all Los Gatos shoppers and is an extra burden on those shoppers who are economically disadvantaged. This will encourage them to seek shopping venues which do not have such fees (even though that may be difficult). Some advocate bringing your own bags to the store; but this results in unsanitary bag reuse and shoplifting. Seattle merchants have reported a large increase in shoplifting following introduction of that city's plastic bag ban. Richard Allen rallen @garlic.com From: j jankins <judijudi,j @yahoo.corn> Sent: Tuesday, August 13, 2013 10;38 AM To: Town Manager Subject: bag Ordinance Please do not do this! Stop government trying to micro manage our lives. We do not want you to be dictators. Limit your laws to health and safety issues. The bag Ordinance would be bad for business; I know people who live in San Jose but do their grocery shopping etc in Campbell or Los Gatos to avoid the bag law restrictions. Do you know that there are health issues with bacteria in reusable bags ( milk leaks, produce fragments etc) . Please do not pass this Ordinance! Sincerely, Judith Hoskins From: Frank Mandarino <mfrank746 @sbcglobal.net> Sent: Wednesday, August 14, 2013 12:56 PM To: Town Manager Subject: Single use plastic bag Dear Sir, I am not in favor of a single use bag. I prefer no change be made to the existing ordanance. I believe in less government intervention, not more. Frank Mandarino 272 Casitas Bulevar LG, CA 95032 THIS PAGE INTENTIONALLY LEFT BLANK From: Debra Janssen <debrajmart @gmail.com> Sent: Wednesday, August 14, 2013 1:54 PM To: Town Manager Subject: Plastic Bag Ban This plastic bag ban is yet another way to redistribute money from everyone who buys groceries, clothing and consumer items to the government. It is supposed to reduce horrendous plastic pollution in our waterways and streets. Its effect in large cities has been only more people sick from dirty reusable fabric bags, even a few deaths. So that all the greenies can feel better that they've saved the environment. Their do- gooder efforts would be much better spent cleaning up actual trash around homeless encampments and downtown concerts, where people leave ACTUAL trash. This bag ban has harmed individuals in San Jose and caused several vulnerable smaller businesses to close, losing precious jobs. This ordinance will just make a few Limosine Liberals FEEEL better, not make an actual positive change. Lastly, if it's such a necessity, how come Foodstamp recipients are exempt? Their pollution doesn't impact as much? With 40% of Americans on some kind of food assistance, this asinine measure exempts 40% off the top anyway. Can't you government busy bodies think of anything more important to do with your overpaid publically financed jobs? Debra Janssen From: Gemma Halliday <gemmahalliday @gmail.com> Sent: Thursday, August 15, 2013 12:02 PM To: Town Manager Subject: plastic bag ban I think a ban on bags is a TERRIBLE idea. I go out of my way to shop in Los Gatos because it does NOT have the ban. If they have the ban just the same as San Jose, I will start shopping in Santa Clara or some other town that does not have the ban. Not only do I personally hate the idea of being charged for bags, but I worry that this will hurt our downtown area If I'm window shopping, I'm so much LESS likely to actually purchase something if I don't have my reusable bag with me. I think it will kill the impulse shopping in downtown, especially when people have a long way to walk to their cars. I won't buy bags, so if I don't have a reusable with me, I won't purchase more than I can easily carry... which downtown is not much. I think there are many people who feel the same way I do. Please. Don't make me go shop in Santa Clara instead. Robin Flury resident, homeowner, and Los Gatos native Town (Manager From: Patti Rice < Patti @thespaoflosgatos.com> Sent: Thursday, August 15, 2013 2;44 PM To: Town Manager Subject: Bag Ordinance Good afternoon — I would like to offer my opinion as a retailer concerning the upcoming bag ordinance. As an upscale retailer, I find it extremely distasteful to have to charge my clients .10 or .25 for bags. I understand the need to prevent plastic bags from ending up as trash in the street and creeks, however, I don't think nicer bags provided by clothing stores, spas and salons have that same risk. I understand the need for reusable and recycled products, however, I don't think customers should be forced to pay for them from stores where they shop so infrequently. The bags I use already are a heavy reusable plastic, so I won't need to make any changes, but I hate the idea of having to charge my clients. I also do not like the idea of clients bringing in their own bags in my store — it makes shoplifting way too convenient. Perhaps the volume of bags used should be a consideration — grocery stores, for example, go through a ton of bags. People purchase goods from grocery stores several times a week, so it makes sense to concentrate on this use and encourage(force) people to use reusable bags. However, for shopping done on an average of monthly or semi - monthly, and a better quality bag is (already) in use, you aren't doing anything to improve the current conditions other than making us charge clients. Why not take the lead in this trend by putting our customers first, and initiate this policy on grocery stores, or high volume stores, only? Completely ban the plastic "T- Shirt" bags and require reusable or recycled — charge if needed where it would make the most difference — high volume grocery stores. Please — it is difficult enough managing business in this economic market without nickel and diming our clients. Thank you for taking the time to review this. Patti A. Rice The Spa - Los Gatos 100 South Santa Cruz Avenue Los Gatos, CA 95030 (408) 354 -5901, extension 103 www.thespalosgatos.com THIS PAGE INTENTIONALLY LEFT FLANK