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Meeting Date: 3 July 2012 Prepared by: Sean Conroy, Ping & Bldg Services Manager

City Council Agenda Item Summary Name: Consideration of a Resolution adopting an Initial Study (IS)/Negative Declaration (ND) in accordance with the California Environmental Quality Act (CEQA) for the Single-Use Plastic Carryout Bag Ordinance. Description: An Initial Study (IS) was prepared in accordance with CEQA for the Single-Use Plastic Carryout Bag ordinance. Based on the findings of the IS, it was determined that no environmental effects would result from the ordinance and that an ND should be adopted. This resolution would adopt the ND. Overall Cost: City Funds: N/ A Grant Funds: N/A Staff Recommendation: Adopt the Resolution. Important Considerations: The IS/ND shall only be adopted if there is no substantial evidence in light of the whole record that the project will have a significant effect on the environment that cannot be mitigated or avoided. No substantial evidence has been presented indicating a significant effect on the environment. Decision Record: The Council reviewed the IS/ND in conjunction with the first reading of the ordinance on 5 June 2012. Attachments: Resolution Negative Declaration Initial Study (Submitted under separate cover at the 6/5112 meeting)

Reviewed by:

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CITY OF CARMEL-BY-THE-SEA CITY COUNCIL RESOLUTION 2012A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADOPTING AN INITIAL STUDY/NEGATIVE DECLARATION FOR THE SINGLE-USE PLASTIC CARRYOUT BAG ORDINANCE WHEREAS, The City of Carmel-by-the-Sea is a unique coastal community that prides itself in its community character and environmental resources; and WHEREAS, the General Plan encourages the City to protect, conserve and enhance the unique natural beauty and irreplaceable natural resources of Carmel and its Sphere of Influence, including its biological resources, water resources, and scenic routes and corridors; and WHEREAS, the General Plan encourages the City to maintain the community, and the beach in particular, free from refuse; and WHEREAS, the General Plan encourages the City to maintain and restore, where feasible, the biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health; and WHEREAS, single-use plastic carryout bags contribute to a persistent litter problem that is of growing concern for the health of waterways locally and worldwide; and WHEREAS, most plastic carryout bags do not biodegrade and instead persist in the environment for hundreds of years, slowly breaking down through abrasion, tearing and photo degradation into toxic plastic bits that contaminate soil and water while entering the food web when animals inadvertently ingest these materials; and WHEREAS, the City is proposing an ordinance that will eliminate the use of single-use plastic carryout bags by all retail establishments and encourage the use of reusable bags; and WHEREAS, the City prepared an Initial Study for the proposed ordinance in accordance with CEQA Guidelines Section 15063; and WHEREAS, based on the findings of the Initial Study the City circulated a draft Negative Declaration for public comment from March 28, 2012 through April 17, 2012; and WHEREAS, the City has determined that a fair argument based on substantial evidence cannot be made, based on the evidence in the record, that the proposed ordinance would cause a significant negative effect on the environment.

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NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby: Adopt the attached Initial Study/Negative Declaration for the Single-Use Carryout Bag Ordinance. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this third day of July 2012 by the following roll call vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:

ATTEST: ____________________ Heidi Burch, City Clerk

SIGNED, ________________________ JASON BURNETT, MAYOR

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NEGATIVE DECLARATION Lead/Responsible Agency: Decision Making Authority: Project Title: Address: Contact Person: Phone: City of Carmel-by-the-Sea City Council Carmel-by-the-Sea Single-use Plastic Carryout Bag Ordinance Post Office Drawer G, Carmel CA 93921 Sean Conroy, Planning & Building Services Manager (831) 620-2010 Fax: (831) 620-2014

THIS PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AS IT HAS BEEN FOUND THAT THE PROJECT: 1. 2. 3. 4. Will not have the potential to significantly degrade the quality of the environment; Will have no significant negative impact on long term environmental goals; Will have no significant cumulative negative impact upon the environment; and Will not cause significant negative impacts upon human beings, either directly or indirectly.

PROJECT DESCRIPTION Six months after adoption, the proposed ordinance will: Eliminate the use of Single-Use Plastic Carryout Bags by all retail establishments in the City of Carmel-by-the-Sea; and Encourage the use of reusable bags.

The ordinance prohibits any retail establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer, from providing a singleuse carryout bag to a customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. The ordinance encourages the use of reusable bags. PROJECT LOCATION City-wide, Carmel-by-the-Sea, Monterey County, California REVIEW PERIOD Any individual, group, or agency disagreeing with this determination or wishing to comment on the proposed project may submit written comments to the City of Carmel-by-the-Sea at the address listed above. The comment period ran from March 28, 2012 until 5:00 PM on April 17, 2012. COPIES OF THE NEGATIVE DECLARATION AND INITIAL STUDY ARE AVAILABLE AT: City of Carmel-by-the-Sea Community Planning and Building Department E/s Monte Verde between Ocean and Seventh Avenues Carmel, CA 93921 http://ci.carmel.ca.us/carmel/index.cfm/government/staff-departments/community-planning-andbuilding/projects/.

Meeting Date: 3 July 2012 Prepared by: Sean Conroy, Ping & Bldg Services Manager

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City Council Agenda Item Summary

Name: Consideration ofthe second reading of an Ordinance amending the Carmel Municipal Code to ban the distribution of single-use plastic bags from retail establishments within the City of Carmel-by-the-Sea. Description: The proposed ordinance would ban single-use plastic carryout bags from retail establishments in the City. Some exceptions for restaurants, non-profits and bags without provided without handles used to transport produce, bulk food/candy, meat etc., to hold prescription medication, or to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or paper bag are included. Overall Cost: City Funds: N/A Grant Funds: N/A Staff Recommendation: Adopt the 2nd Reading of the Ordinance. Important Considerations: Communities throughout the state and across the country are recognizing the environmental impacts that single-use carryout bags, especially plastic bags, can have on the environment. The proposed ordinance would assist in protecting the aesthetic and environmental resources of the community. Decision Record: The City Council adopted the first reading of the Ordinance on June 5, 2012. Attachments: StaffReport Ordinance

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J ason t1 we , 1ty

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CITY OF CARMEL-BY-THE-SEA STAFF REPORT TO: FROM: MAYOR BURNETT AND MEMBERS OF THE CITY COUNCIL SEAN CONROY, PLANNING & BUILDING SERVICES MANAGER

THROUGH: JASON STILWELL, CITY ADMINISTRATOR DATE: 3 JULY 2012

SUBJECT: CONSIDERATION OF THE SECOND READING OF AN ORDINANCE AMENDING THE CARMEL MUNICIPAL CODE TO BAN THE DISTRIBUTION OF SINGLE-USE PLASTIC BAGS FROM RETAIL ESTABLISHMENTS WITHIN THE CITY OF CARMEL-BY-THE-SEA BACKGROUND & PROJECT DESCRIPTION Communities throughout the state and across the country are recognizing the environmental impacts that single-use carryout bags, especially plastic bags, can have on the environment. Ordinances banning single-use bags are becoming more common as communities seek to address problems related to litter and solid waste. Due to the fact that plastic takes a long time to break down or decompose (frequently estimated to be hundreds of years), plastic litter causes a cumulatively adverse impact on both the natural and manmade environments. On 5 June 2012 the Council adopted a first reading of an ordinance that would: Eliminate the use of single-use plastic bags by retail establishments with some exceptions; and Encourage the use of reusable bags The Council made one minor amendment to the definition of a reusable bag that is reflected in the attached ordinance. The ordinance would become mandatory six months after the effective date (30 days after adoption by the Council). If the ordinance is adopted at this meeting, it will become mandatory on 3 February 2013. RECOMMENDATION Adopt the Second Reading of the Ordinance.

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CITY OF CARMEL-BY-THE-SEA CITY COUNCIL ORDINANCE 2012CONSIDERATION OF AN ORDINANCE AMENDING THE CARMEL MUNICIPAL CODE TO BAN THE DISTRIBUTION OF SINGLE-USE PLASTIC BAGS FROM RETAIL ESTABLISHMENTS WITHIN THE CITY OF CARMEL-BY-THE-SEA (2ND READING)

WHEREAS, The City of Carmel-by-the-Sea is a unique coastal community that prides itself in its community character and environmental resources; and WHEREAS, the General Plan encourages the City to protect, conserve and enhance the unique natural beauty and irreplaceable natural resources of Carmel and its Sphere of Influence, including its biological resources, water resources, and scenic routes and corridors; and WHEREAS, the General Plan encourages the City to maintain the community, and the beach in particular, free from refuse; and WHEREAS, the General Plan encourages the City to maintain and restore, where feasible, the biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health; and WHEREAS, single-use plastic carryout bags contribute to a persistent litter problem that is of growing concern for the health of waterways locally and worldwide; and WHEREAS, most plastic carryout bags do not biodegrade and instead persist in the environment for hundreds of years, slowly breaking down through abrasion, tearing and photo degradation into toxic plastic bits that contaminate soil and water while entering the food web when animals inadvertently ingest these materials; and WHEREAS, the proposed ordinance will eliminate the use of single-use plastic carryout bags by all retail establishments and encourage the use of reusable bags; and WHEREAS, the ordinance will not become mandatory until 3 February 2013 (six months after the effective date identified below); and WHEREAS, the proposed ordinance is consistent with the General Plan and its goal of maintaining the Citys environmental resources; and

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WHEREAS, an Initial Study/Negative Declaration has been prepared for the proposed ordinance; and WHEREAS, on 5 June 2012 the City Council adopted the first reading of the ordinance. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby resolve to: Adopt an ordinance amending Section 8.74 of the Carmel Municipal Code to ban single-use plastic carryout bags from all retail establishments within the City of Carmelby-the-Sea (see Exhibit A). Severability. If any part of this ordinance, even as small as a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part. Effective Date. This ordinance shall become effective 30 days after final adoption by the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this ___ day of ________ 2012 by the following roll call vote: AYES: NOES: ABSENT: COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS SIGNED,

________________________ JASON BURNETT, MAYOR

ATTEST:

_________________________________ Heidi Burch, City Clerk

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EXHIBIT A CMC Section 8.74 Single-Use Plastic Carryout Bags

8.74.010 - Purpose The production and disposal of single-use plastic bags causes significant environmental impacts including contamination of the environment, the deaths of marine animals through ingestion and entanglement, and widespread litter. The purpose of this to ordinance is to protect, conserve and enhance the Citys unique natural beauty and irreplaceable natural resources through the elimination of single-use plastic carryout bags and by encouraging the use of reusable bags. This ordinance shall become effective six months after the effective date of adoption. 8.74.020 Definitions A. A single-use plastic carryout bag is defined as a plastic 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. Single-use plastic carryout bags do not include bags, a maximum of 11 x 17, without handles provided to the customer (1) to transport produce, bulk food, candy or meat from a product, bulk food or meat department within a store 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 bag. B. Areusable bag is defined as a bag with handles that is specifically designed and manufactured for multiple reuse and is either: (1) made of cloth or other machine washable fabric; (2) made of durable plastic that is at least 2.25 mils thick or (3) other durable material suitable for reuse.

8.74.030 - Applicability No retail establishment, that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer, shall provide a single-use plastic carryout bag to a customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this Section. A reusable bag or a recycled bag may be provided to the customer, pursuant to this Section. A. Public eating establishments, defined as restaurants, take-out food establishments, or any other business that receives 90% or more of its revenue from the sale of food which is prepared on the premises, to be eaten on or off its premises, are not considered retail establishments for the purpose of this Ordinance. Nonprofit charitable re-users, which is 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 re-uses and recycles donated goods or materials and receives more than 50% of its revenues from the handling

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and sale of those donated goods or materials, are not considered retail establishments for the purpose of this Ordinance. 8.74.040 Exemption The City Administrator, or his/her designee, may exempt an affected entity from the requirements of this chapter for a period of up to one additional year after the operative date of this Ordinance, upon sufficient showing by the applicant that the provisions of this chapter would cause undue hardship. The phrase undue hardship includes: 1. Situations where the are no acceptable alternatives to single use plastic carryout bags for reasons which are unique to the entity; 2. Situations where compliance with the requirements of this chapter would deprive a person of a legally protected right. 8.74.040 Enforcement Violations of this chapter may be enforced with this section. A. The City Administrator, or his/her designee shall be responsible for enforcing this chapter and shall have authority to issue citations for violations. Anyone violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction. The City Attorney may seek legal, injunctive, or other relief to enforce the provisions of this chapter. The remedies and penalties provided in this chapter are cumulative and not exclusive of one another. Violations of this chapter shall be enforced as follows: 1. For the first violation, City Administrator or designee shall issue a written warning specifying that a violation of this chapter has occurred and which further notifies the retail establishment of appropriate penalties to be assessed in the event of future violations. The establishment will have 30 days to comply. 2. The following penalties will apply for subsequent violations of this chapter: a. A fine not exceeding $100.00 for the first violation 30 days after the first warning. b. A fine not exceeding $200.00 for the second violation 60 days after the first warning.

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c. If not in compliance 90 days after the first warning, the establishment may be scheduled for a business license revocation hearing with the Planning Commission in accordance with CMC Section 5.12.040.