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Desk Item #11bN of MEETING DATE: 8/19/13 ITEM NO: I I DESK ITEM - b Og Gp(0 COUNCIL AGENDA REPORT DATE: AUGUST 19, 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 REMARKS: The title of the ordinance is amended to read: Ordinance of the Town of Los Gatos to add a new Article IV to Chapter 11 to the Town of Los Gatos Municipal Code entitled "Single -Use Carryout Bags." If the Council approves the Ordinance, the Clerk should be instructed to read the title provided in this desk item. Additional correspondence was received for the period of 1:01 p.m. Monday, August 19, 2013 through 3:00 p.m. Monday, August 19, 2013, Attachments 1, 2, 3 and 4 (previously received with staff report 1. Resolution (with Exhibit A) 2. Ordinance PREPARED BY: Christina Gilmore, Assistant to the Town Manager Reviewed by: L" J Wssistant Town Manager ,_Town Attorney Finance NAMGR\AdminWorkFiles\2013 Council ReportAAug 19\Reusable Bag Ordinance \8.19.13 Single -Use Carryout Bag Desk Item- b.docx PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: SINGLE -USE CARRYOUT BAG ORDINANCE AUGUST 19, 2013 3. Public Outreach Comment Summary 4. Public Comments received through 3:00 p.m. Thursday, August 15, 2013 Attachment 5 (received with Addendum): 1, Public Comments received 3:01 p.m. Thursday, August 15 through 12:00 p.m. Friday, August 16, 2013. Attachment 6 (received with Desk Item -a): 1. Public Comments received 12:01 p.m. Friday, August 16 through 1:00 p.m. Monday, August 19, 2013. Attachment 7 (received with Desk Item -b): 1. Public Commments received 1:01 p.m. Monday, August 19, 2013 through 3:00 p.m. Monday, August 19, 2013. From: Ron Meyer <rjmmeyer @comcast,net> Sent: Monday, August 19, 2013 2:36 PM To: Town Manager Cc: Christina Gilmore Subject: Questions and Comments on Proposed Plastic Bag Ban Dear Los Gatos Town Council: I have read the article that was in the Los Gatos Town News regarding the Proposed Plastic Bag Ban. Also, I have reviewed the meeting minutes and Powerpoint Presentation given at the May 20th meeting. As a citizen and resident of Los Gatos, I am voicing my position as against the proposed plastic bag ban! What seems to be missing from the Powerpoint and from the meeting minutes are answers to the following major questions: 1) What is the problem the proposed ban solves? -Z) How big and pervasive is the problem? 3) What are the major sources of the problem? 4)How doe this ban serve the people /residents and the businesses of Los Gatos? 5) What are the benefits to the people /residents and the businesses of Los Gatos? 6) What are the costs to the people /residents and the businesses of Los Gatos? 7) What are the inconveniences caused by this proposed ban on the people /residents and the businesses of Los Gatos? 8) How many options were explored as possible solutions? a) biodegradable plastic bags b) paper only bags left to the discretion of the business owners as to what types of paper bags and whether to charge or not charge their customers c) Not proposing the ban at all 9) How were the exempt stores and customers and the Categories of Stores affected determined? From my personal observations along Vasona Lake and Creek, Lexington Reservoir and other waterways in the South Bay, the vast majority of plastic bag litter is from "fast food" restaurants and not grocery, hardware and the other stores mentioned as those to be affected! a) What facts and evidence were used to make the determinations? b) What other criteria were used to make the determinations? 10) How does this proposed ban reconcile itself with the "role of government" as it affects the lives of the people /residents and businesses of Los Gatos? 11) Where in the California State Constitution or Los Gatos Town Articles of Incorporation does it allow these types of proposed bans to violate the rights of the people /residents and businesses? 12) Who on the City Council and or the Staff came up with the ideas for the proposed ban and the genesis of it? 13) How does this proposed ban make the lives of the people /residents and business owners better? ATTACHMENT 7 I want to see answers to the questions above presented at tonight's Town Council meeting, and if not all of them can be answered tonight, those not answered, addressed, answered and presented to the people /citizens and business owners of Los Gatos before the Town Council takes any action on the ban. It is my opinion that the proposed ban violates the rights of the people /citizens and the businesses of Los Gatos! This is not serving them and is not what governments are supposed to do! Regards, Ronald J. Meyer Resident and Citizen of Los Gatos