REGULATION OF SINGLE -USE CARRYOUT BAGS A. ADOPT A RESOLUTION DETERMINING THE PROGRAM

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1 IoW N of MEETING DATE: 8/ 19/ 13 M Hsu. ITEM NO: 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 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 to the Town of Los Gatos Municipal Code single -use carryout bags. ( Attachment 1) regarding 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 ūse 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: À ` 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 doex

2 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;

3 PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: SINGLE -USE CARRYOUT BAG ORDINANCE AUGUST 12, 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 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, 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 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.

4 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- thansignificant 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 et seq, and the CEQA Guidelines, California Code of Regulations, Title 14, Section et seq. Pursuant to Section 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

5 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 mils 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.

6 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 s 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.

7 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 carryout 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 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;

8 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 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

9 RESOLUTION 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 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 docx ATTACHMENT 1

10 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 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 , docx

11 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 or Section 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 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 docx

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13 CEQA FINDINGS OF FACT OF THE TOWN OF LOS GATOS TOWN COUNCIL FOR THE REUSABLE BAG ORDINANCE August 19, 2013 EXHIBIT A

14 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

15 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,

16 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 -thansignificant adverse environmental effects, the following environmental topics for which less -than- significant effects were identified in the Final Program EIR were considered: Air Quality:. Pollutant emissions from paper bag manufacture and delivery. Greenhouse Gas Emissions: degradation. Emissions from paper bag manufacture, delivery, and 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.

17 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, 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 $ initially rather than on or after January 1, As a result of the $ 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.

18 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.

19 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 and ( 3) that "[ s] pecific economic, legal, social, technological, or other adopted by that agency; 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

20 Section ( 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 ( 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

21 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 ( 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.

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23 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, through ) 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 et seq. ( " CEQA') and the CEQA Guidelines, California Code of Regulations, Title 14, Section et seq. It is incorporated by reference herein. Pursuant to Section 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 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

24 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 and SECTION V This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 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, shall be effective on February 3, This ordinance 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

25 ARTICLE IV. SINGLE -USE CARRYOUT BAGS Sec Sec Sec Sec Sec Sec Sec Sec Findings and purpose. Definitions. Implementation Date. Single use carry -out bag. Record keeping and Inspection. Exemptions. Enforcement Severability See 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 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. Preparedfood 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

26 consumed. Preparedfood 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. Recycledpaper 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 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 Implementation Date. This Chapter shall be effected and implemented beginning on February 3, 2014 Sec 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

27 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 ofthe following individuals: a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 ( commencing with Section ) 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 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 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; reuser; b) A plastic or paper bag with or without handles is provided by a nonprofit charitable 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

28 Sec : 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 , will be imposed and shall be payable by the operator of the retail establishment: 1) One hundred dollars ($ ) for a first violation; 2) Two hundred dollars ($ ) for a second violation within one year; 3) Five hundred dollars ($ ) 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 of this Code. Sec : 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 doex Town of Los Gatos Single -Use Carryout Bags Regulation DRAFT Page 6 of 6

29 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 docx ATTACHMENT 3

30 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 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 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 docx

31 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 docx

32 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 doex

33 Public comments in favor of the Regulation of Single -Use Carryout Bags ATTACHMENT 4

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37 CLEAN WATER 350 Frank H. Ogawa Plaza, Suite 200 Oakland, CA C., CALIFORNIA July 26, 2013 Barbara Spector 110 E Main Street Los Gatos, CA 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, sf.ca.us / site /sfenviroiiment page. asp? id= 28374). Retrieved 1/ 5/ 09.

38 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 ($ 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 over by 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 / 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 ofaction from The Plastic Debris Project." N. Wallace. " Debris entanglement in the marine environment: a review" ( 985) pp 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

39 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 Cc: Vice Mayor Leonardis and Councilmembers McNutt, Pirzynski, Jensen http: / / ec.eiaropa. eu / environment / eussd / escp_ en.htm

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41 From: Sent: To: Subject: Samantha Meyer < Friday, July 26, : 05 PM Christina Gilmore Reusable Bag Ordinance Meeting Follow UP Follow Up Flag: Flag Status: Flag for follow up 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 Clean Water Action I Clean Water Fund Frank H. Ogawa Plaza, Suite 200, Oakland, CA Website I Mailing List I Donate I Facebook I Twitter I Linkedln Get 25 every time you _bring your own cup!

42 Subject: FW: Plastic Bag Ban - Yes From: CRobinRoss [ mailto: Sent: Wednesday, July 31, :35 AM To: Town Manager Subject: Plastic Bag ban - Yes Hello, Please support the City of Los Gatos' ban on plastic bags 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 Linda Avenue Los Gatos, CA 95032

43 Subject: FW: Please, Ban Plastic Bag Use From: Crumpton [ ma ilto: crumpton3ccbverizon. net] Sent: Wednesday, July 31, : 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 net i

44 From: Sent: To: Subject: Stuart Wisong < Saturday, August 03, : 54 AM Christina Gilmore Is California' s cities ban on plastic bags working? Follow Up Flag: Flag Status: Follow up 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

45 Subject: FW: Please ban single -use bags in Los Gatos Original Message From: Carolyn Mone [ mailto: com] Sent: Wednesday, August 07, : 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

46 Subject: FW: Please ban single -use bags in Los Gatos Original Message From: Cindy Clark [ mailto: net] Sent: Wednesday, August 07, : 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 W. La Chiquita Ave. Los Gatos, CA 95032

47 Subject: FW: Please ban single -use bags in Los Gatos Original Message From: Rajiv Parihar [ mailto: co Sent: Wednesday, August 07, : 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

48 Subject: FW: Please ban single -use bags in Los Gatos Original Message From: A. Barnett [ mailto: monibarnett@hotmail. comj Sent: Wednesday, August 07, : 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

49 Subject: FW: Please ban single -use bags in Los Gatos Original Message From: Judy Long [ mailto: net] Sent: Wednesday, August 07, : 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 La Rinconada Dr. Los Gatos, CA 95032

50 Subject: FW: Please ban single -use bags in Los Gatos Original Message From: Steve Kaylor [ mailto: l< com] Sent: Wednesday, August 07, : 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

51 Subject: FW: Ban Plastic Bags now! Original Message From: Peter Binkley [ mailto: com] Sent: Thursday, August 08, : 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 Frank Ave, Los Gatos, CA Peter Binkley Frank Ave Frank Avenue Los Gatos, CA 95032

52 From: Sent: To: Subject: Attachments: Sue Vang < Sunday, August 11, : 36 PM Town Manager reusable bag ordinance - support CAW _LetterOfSupport_LosGatos. pdf Follow Up Flag: Flag Status: Follow up 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 th Street, Suite Sacramento, CA p) ( f) org Get updates and support us on Facebook, Twitter, or Causes!

53 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 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 bags distributed, including a 30% reduction of paper bags. San Jose' s one year report after its bag ordinance reported a 95% overall reduction of all single -use 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 th Street, Suite 420 Sacramento, CA ( 916) FAX: ( 916) org

54 From: Sent: To: Cc: Subject: Attachments: com Monday, August 12, : 27 PM Town Manager Christina Gilmore; sheila. BSpector; com; lindsey. rabbitt- papers.com; newspapers.com; ersantacruz. org net; org Re: Reusable Bag Ordinance - -Los Gatos Council Mtg., 08/ 19/ 13, > My Feedback< plbagjpg; 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 ). 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

55 is NO AUG 15/ 2013 P Conservation Activism Research Education August 11, 2013 Members of the Honorable Los Gatos Town Council 110 E. Main Street Los Gatos, CA 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 For local information, go to 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 East Cliff Drive, Suite 234, Santa Cruz California activist@surfriders "antacruz. org pl

56 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 activist@surfridersantacruz. org P2

57 Public comments opposing Regulation of Single -Use Carryout Bags

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59 From: Kirsten Dryden < Sent: To: Friday, June 07, : 50 PM 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 a 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.

60 From: Vintages < com> Sent: Wednesday, July 10, : 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 summer. The bags I have enough of some paper bags to last until next 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 tel e fax Website: www. vintagesantiques. com Blog: vintageslg. blogspot. com On Wed 07/ 10./13 4 :16 PM, Christina Gilmore sent: The Town of Los Gatos Invites You to a Reusable Bag Ordinance Community Meeting. When: Thursday, July 25, : 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

61 From: Sent: To: Subject: Robbie Biller < Monday, July 15, :10 PM Christina Gilmore Plastic bag ban Follow Up Flag: Flag Status: Follow up 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

62 From: Sent: To: Subject: Robbie Biller < Wednesday, July 17, : 20 PM Christina Gilmore 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

63 Lee Eljak. 217 Chateau La Salle Drive San Jose CA Los Gatos City Council 1`10' E. Main St Los Gatos CA 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.

64 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

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67 ; 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

68 truth- plabout 0 j 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 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.

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71 M-_ The Dilot So Green jn 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 overseas than it -does to manufaature and trans ur anawerican ade' plastic bagf,

72 truth.. out out 00 stic stic LS LS Businesses Businesses 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, One One store store found found that that Sao Sao Klastic, Klastic, grocory grocory baskets baskets ave ave been been stolen stolen by by customers, customers, since since the the bag bag ban ban was was announced. announced. A Groeery Outlet Store told a, Portland newspaper that they have last over 1.0, 000 to shoplifters using rousable bags. Following Following Seattle' Seattle' ss ban ban on on ' ' plastie plastie bags, bags, nearly nearly perceat perceat of of storeowners storeowners surveyed, surveyed, post- post- bait bait reported reported seeing seeing their their costs costs for for aarryoutbag-$ aarryoutbag-$ increase increase between between 40 and 20 G Pereont.

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