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COUNCIL AGENDA REPORT
DATE: AUGUST 26, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 9/3/13
ITEM NO:
SUBJECT: ADOPT AN ORDINANCE OF THE TOWN OF LOS GATOS ADDING
ARTICLE IV TO CHAPTER 11 TO THE TOWN OF LOS GATOS
MUNICIPAL CODE ENTITLED "SINGLE -USE CARRY -OUT BAGS."
RECOMMENDATION:
Adopt ordinance that was introduced at the Town Council meeting of August 19, 2013.
2. Instruct the Clerk Administrator to either:
a. Publish the ordinance within 30 days after adoption; or
b. Publish a summary no more than 30 days after adoption (if summary published
before adoption.)
BACKGROUND:
On August 19, 2013, Council introduced an ordinance, which adds Article IV to Chapter 11 to
the Town of Los Gatos Municipal Code entitled "Single -Use Carry -Out Bags" (Attachment 1).
DISCUSSION:
At its meeting of August 19, 2013, the Town Council held a public hearing to consider a
proposed ordinance related to single -use, carry -out bags. Los Gatos is one of 24 cities in San
Mateo and Santa Clara Counties participating in a regional effort to reduce environmental
impacts related to the use of single -use, carry -out bags and to promote a shift toward the use of
reusable bags.
The new Ordinance to the Los Gatos Municipal Code will add provisions to help deter the use of
paper bags; promote a shift toward the use of reusable bags; avoid litter and the associated
adverse impacts to stormwater systems, aesthetics, and the marine environment; reduce litter
clean -up costs, and reduce the amount of single -use bags entering waterways in conformance
with the requirements of the Town's Municipal Regional Stormwater Permit.
PREPARED BY: Christina Gilmore, Assistant to the Town Manager(W
Reviewed by:
Town Manager
Attorney Finance
N:IMGR\AdminWorkFiles\2013 Council Reports \September 3 \Single -Use Carry -Out Bag Ordinance \Staff Report Single -use Carryout Bags
Ordinance 2nd Reading 9.3.13.docx
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: SINGLE -USE CARRY -OUT BAG ORDINANCE
AUGUST 26, 2013
If Council adopts the ordinance at its September 3, 2013 meeting, it would go into effect on
February 3, 2014.
ENVIRONMENTAL ASSESSEMENT:
The Town Council adopted 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 adopted 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, carry -out bags.
FISCAL IMPACT:
There is minimal fiscal impact associated with the approval of the recommendations as described
above.
Attachments:
1. Ordinance of the Town of Los Gatos Adding Article IV to Chapter 11 to the Town of Los
Gatos Municipal Code entitled "Single -Use Carry -Out Bags."
2. Public Continents received through 3:00 p.m. Thursday, August 29, 2013
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS TO ADD A NEW ARTICLE IV TO CHAPTER
11 TO THE TOWN OF LOS GATOS MUNICIPAL CODE ENTITLED
"SINGLE -USE CARRY -OUT BAGS"
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Chapter I1 of the Los Gatos Town Code is amended to add a new Article IV (11.40.0 10 through
11.040.070) shall read as fully set forth on Exhibit A.
SECTION H
In the event that any part of this ordinance is held to be invalid, the invalid part or parts shall be
severed from the remaining portion of the ordinance which shall remain in full force and effect.
SECTION III
It is the intent of the Town Council of the Town of Los Gatos to supplement State and Federal
law and to not duplicate or contradict such law, and this ordinance shall be construed consistently with
that intention. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason
held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of
this ordinance. The Town Council hereby declares that it would have passed this ordinance and each
section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more
sections, subsection, sentences, clauses, or phrases be declared unconstitutional.
SECTION IV
On October 23, 2012, the County of San Mateo certified a Final Program Environmental Impact
Report ( "EIR ") that analyzed the impacts of this reusable bag ordinance if adopted in cities throughout the
County of San Mateo as well as neighboring jurisdictions. The FIR 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
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
and 15096.
A Notice of Determination shall be filed pursuant to CEQA Guidelines, Sections 15094
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 TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ARTICLE IV. SINGLE -USE CARRY -OUT BAGS
Sec.
11.40.010
Single use carry-out bag.
Sec.
Findings and purpose.
Sec.
11.40.015
11.40.050
Exemptions.
Definitions.
Sec.
11.40.020
Sec.
11.40.070
Implementation Date.
Sec.
11.40.030
Single use carry-out bag.
Sec.
11.40.040
Record keeping and Inspection.
Sec.
11.40.050
Exemptions.
Sec.
11.40.060
Enforcement
Sec.
11.40.070
Severability
Sec. 11.40.010 Findings and purpose.
The Town Council finds and determines that:
(a) The use of single -use, carry -out bags by consumers at retail establishments is detrimental to the
environment, public health, and welfare.
(b) The manufacture and distribution of single -use, carry -out bags requires utilization of natural
resources and results in the generation of greenhouse gas emissions.
(c) Single -use, carry-out bags contribute to environmental problems, including litter in storm drains,
creeks, the Bay, and the ocean.
(d) Single -use, carry -out bags provided by retail establishments impose unseen costs on consumers,
local governments, the state, and taxpayers, and constitute a public nuisance.
This Council does, accordingly, find and declare that it should restrict the free distribution of single -
use, carry -out bags.
Sec. 11.40.015 Definitions.
Customer means any person obtaining goods from a retail establishment.
Garment Bag means a travel bag made of pliable, durable material with or without a handle,
designed to hang straight or fold double and used to carry suits, dresses, coats, or the like without
crushing or wrinkling the same.
Nonprofit charitable reuser means a charitable organization, as defined in Section 501(c)(3) of
the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization,
that reuses And recycles donated goods or materials and receives more than fifty percent (50 %) of its
revenues from the handling and sale of those donated goods or materials.
Person means any natural person, firm, corporation, partnership, or other organization or group
however organized.
Prepared food means foods or beverages which are prepared on the premises by cooking,
chopping, slicing, mixing, freezing, or squeezing, and which requires no further preparation to be
consumed. Prepared food does not include any raw, uncooked meat product, or fruits or vegetables
which are chopped, squeezed, or mixed.
Public eating establishment means a restaurant, take -out food establishment, or any other
business that receives ninety percent (90 %) or more of its revenue from the sale of prepared food to be
eaten on or off its premises.
Recycled paper bag means a paper bag provided at the check stand, cash register, point -of -sale, or
other point of departure for the purpose of transporting food or merchandise out of the establishment that
contains no old - growth fiber and a minimum of forty percent (40 %) post- consumer recycled content; is
one hundred percent (100 %) recyclable; and has printed in a highly visible mariner on the outside of the
bag the words "Reusable" and "Recyclable," the name and location of the manufacturer, and the
percentage of post - consumer recycled content.
Retail establishment means any commercial establishment that sells perishable or nonperishable
goods, including, but not limited to, clothing, food, and personal items directly to the consumer; and is
located within or doing business within the geographical limits of the Town of Los Gatos. Retail
establishment does not include public eating establishments or nonprofit charitable reusers.
Reusable bag means either a bag made of cloth or other machine washable fabric that has
handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed
and manufactured for multiple reuse. A garment bag may meet the above criteria regardless of whether it
has handles or not
Single -use, carry -out bag means a bag other than a reusable bag provided at the check stand, cash
register, point-of-sale, or other point of departure, including departments within a retail establishment, for
the purpose of transporting food or merchandise out of the establishment. Single -use, carry -out bags do
not include bags without handles provided to the customer: (1) to transport prepared food, produce, bulk
food,.or meat from a department within a retail establishment to the point -of -sale; (2) to hold prescription
medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or
contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag.
Sec. 11.40.020 Implementation Date.
This Chapter shall be effected and implemented beginning on February 3, 2014.
Sec. 11.40.030 Single -use carry -out bag.
A. No person or retail establishment shall provide a single -use, carry -out bag to a customer at the
check stand, cash register, point -of -sale, or other point of departure for the purpose of
transporting food or merchandise out of the establishment, except as provided in Chapter 11,
Article N.
B. On or before December 31, 2014, a retail establishment may only make recycled paper bags or
reusable bags available to customers if the retailer charges a minimum of ten cents ($0.10) per
bag.
C. On or after January 1, 2015, retail establishment may only make recycled paper bags or reusable
bags available to customers if the retailer charges a minimum of twenty -five cents ($0.25) per
bag.
D. Notwithstanding this section, no retail establishment may make available for sale a recycled paper
bag or a reusable bag unless the amount of the sale of such bag is separately itemized on the sales
receipt.
E. A retail establishment may provide (1) one or more recycled paper bags at a no cost to any of the
following individuals: a customer participating in the California Special Supplement Food
Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section
123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; a customer
participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with
Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a
customer participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of
Part 6 of Division 9 of the California Welfare and Institutions Code.
Sec. 11.40.040 Recordkeeping and inspection.
Every retail establishment shall keep a record or documents of the purchase and sale of any recycled
paper bag or reusable bag by the retail establishment for a minimum period of three (3) years from the
date of purchase and sale, which record shall be available for inspection at no cost to the Town during
regular business hours by any Town employee authorized to enforce this part. Unless an alternative
location or method of review is mutually agreed upon, the records or documents shall be available at
the retail establishment address within the Town of Los Gatos. The provision of false information,
including incomplete records or documents to the Town, shall be a violation of this Chapter."
Sec. 11.40.050 Exemptions.
The provisions of this Chapter shall not apply in the following circumstances where:
(a) A plastic or paper 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,
bulls 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.
See. 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 (3 0) 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.
NAMGRWdminWod<Fi1esQO13 Council Reports\Aug 19Uteusable Bag Ordinance \Single -use Carryout Bags Ordinance 8.19.13.doex
Subject: Will not re -elect - bag ban TAX
- - - -- Original Message---- -
From: bob Kulick [ mailto :bobl<ulick @bkcommercial.comj
Sent: Tuesday, August 27, 2013 8:01 PM
To: Council
Subject: Will not re -elect - bag ban TAX
I will vote for anyone that runs against:
Spector
McNutt
Jensen
Pirzynski
I will vote for;
Leonardis
I will shop less J buy less in Los Gatos I will let retailers know why I buy less at their stores I will not buy a bag and pay
this tax ($0.10 now.... $1.00 later)
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