HomeMy WebLinkAboutTC Agd Pkt 2014-07-02 (4)TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
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From:
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BACKGROUND
Mayor and Members of the Town Council
Administrative Services Department
Town Council Meeting
July 2, 2014
Agenda Item:
Recommendation to Approve a Resolution Continuing the Cypress Hollow
Lighting & Landscaping District Assessment for FY 2015
In 1998, the residents of Cypress Hollow petitioned and received approval from the Local
Agency Formation Commission for annexation into the Tiburon Town Limits. The area was
previously in unincorporated Marin County. The County of Marin had maintained and operated a
Landscaping and Lighting District in Cypress Hollow for the purpose of park and storm drainage
maintenance since the park was created in 1990. Since annexation, the Town of Tiburon has
continued the operation and maintenance activities of the Cypress Hollow Landscaping and
Lighting District and assessed the residents the cost thereof.
ANALYSIS
The California Streets and Highway Code require the Town to publicly notice the affected
residents annually in order to continue the Landscaping and Lighting Assessment District. The
Town must provide the residents an opportunity to submit either written or oral protests. On May
15, 2014 the residents of Cypress Hollow were sent via U.S. mail service a notice of this
evening's public hearing. As of the writing of this report, Staff has received one inquiry
regarding the assessment. The inquiry was from a resident within the district asking if there were
any other residential areas that were part of a Lighting and Landscaping District within the Town.
The Town does not have any other Lighting & Landscaping Districts, nor does the Town have
any other "neighborhood" parks that are groomed, have play equipment, or maintained at the
level of Cypress Hollow. Because there is a dedicated funding source for the Cypress Hollow
Park, the Town is able to deploy the assets necessary to maintain all aspects of the in its
exceptionally maintained manner. Staff advised the resident to provide written comments on the
matter, or to attend the meeting and speak during the Public Hearing. There is no change in the
amount of the assessment since annexation, which is $378 per year. The total annual assessment
levy is $16,632.
The adopted FY 2014 -15 Municipal Budget appropriates $16,750 in assessment funds towards
on -going maintenance and renovations at the Cypress Hollow Park.
Torn Council kleecing
July_', 2014
FINANCIAL IMPACT
The levy of the annual lighting and landscaping assessment provides a funding source for the cost
of Town maintenance of the park and any required improvements
RECOMMENDATION
Staff recommends that the Town Council:
I . Conduct a public hearing to hear any protests on the intent to levy the annual
assessment, and
2. Move to adopt the resolution continuing the Cypress Hollow Lighting and
Landscaping District for FY 2014 -15
Exhibits: Draft Resolution continuing the maintenance and operation of
the Landscape and Lighting District in the Cypress Hollow
Subdivision for Fiscal Year 2014 -15
Prepared By: Heidi Bigall, Director of Administrative Services
TOIN'N OF TIBI IRON Page 2 of 2
RESOLUTION NO. XX -2014
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON CONTINUING
MAINTENANCE AND OPERATION OF THE LANDSCAPE
AND LIGHTING DISTRICT IN THE CYPRESS HOLLOW SUBDIVISION
WHEREAS, the County of Marin has maintained and operated a Landscape and Lighting District
in Cypress Hollow, and received assessments from the parcels therein for the purpose of operating and
maintaining the following areas: (1) landscaping and irrigation of the sewer sanitary easement on the east
boundary, (2) entry landscaping and irrigation of the 30' storm drainage easement in the southwest
boundary area, and (3) ownership and maintenance of the park site, all as part of the Cypress Hollow
Development; and
WHEREAS, in December 1998 the Town of Tiburon annexed the Cypress Hollow Area, and in
April 1999 accepted the Grant Deed from the County of Marin for the Cypress Hollow Public Park; and
WHEREAS, the Town of Tiburon, having completed annexation of the parcels in the Cypress
Hollow District, herein states its intention to continue the operation and maintenance activities of the
Cypress Hollow Landscape and Lighting District heretofore the responsibility of the County of Marin.
NOW THEREFORE IT IS RESOLVED, as follows:
Section 1. The special assessment levy for the District is established as follows, for
continued operation and maintenance District:
034.012.56220 Rancho Dr.
034.012.57110 Monterey Dr.
034.392.0210 Cypress Hollow.
034.392.0320 Cypress Hollow
034.392.0430 Cypress Hollow
034.392.0540 Cypress Hollow
034.392.0650 Cypress Hollow
034.392.0760 Cypress Hollow
034.392.0870 Cypress Hollow
034.392.0980 Cypress Hollow
034.392.10145 Rancho Dr.
034.393.01110 Rancho Dr.
034.393.02120 Rancho Dr.
034.393.03130 Rancho Dr.
034.393.04140 Rancho Dr.
034.393.05150 Rancho Dr.
034.393.06160 Rancho Dr.
034.393.07170 Rancho Dr.
034.393.08180 Rancho Dr.
034.393.09190 Rancho Dr.
034.393.10200 Rancho Dr.
034.393.11210 Rancho Dr.
$378.00
034.394.01
10 Monterey Dr.
$378.00
$378.00
034.394.02
20 Monterey Dr.
$378.00
$378.00
034.394.03
30 Monterey Dr.
$378.00
$378.00
034.394.04
40 Monterey Dr.
$378.00
$378.00
034.394.05
50 Monterey Dr.
$378.00
$378.00
034.394.06
60 Monterey Dr.
$378.00
$378.00
034.394.07
70 Monterey Dr.
$378.00
$378.00
034.394.08
80 Monterey Dr.
$378.00
$378.00
034.394.09
90 Monterey Dr.
$378.00
$378.00
034.394.10
100 Monterey Dr.
$378.00
$378.00
034.394.11
60 Baccharis Pl.
$378.00
$378.00
034.394.12
50 Baccharis Pl.
$378.00
$378.00
034.394.13
40 Baccharis Pl.
$378.00
$378.00
034.394.14
30 Baccharis Pl.
$378.00
$378.00
034.394.15
20 Baccharis Pl.
$378.00
$378.00
034.394.16
10 Baccharis Pl.
$378.00
$378.00
034.394.18
185 Rancho Dr.
$378.00
$378.00
034.395.01
35 Monterey Dr.
$378.00
$378.00
034.395.02
45 Monterey Dr.
$378.00
$378.00
034.395.03
55 Monterey Dr.
$378.00
$378.00
034.395.04
65 Monterey Dr.
$378.00
$378.00
034.395.05
75 Monterey Dr.
$378.00
Total assessment charge to the parcels of the District: $ 16,632.00.
Section 2. The estimated District budget for Fiscal Year 2014 -2015 provides for continuing
operating functions, and reserves funds for capital maintenance:
Amount
Contractual Services $14,000
Materials & Supplies 2,000
Total Estimated Budget: $16,750
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, on
July , 2014, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Fraser, Fredericks, Doyle, Slavitz
COUNCIL MEMBERS: None
COUNCIL MEMBERS: O'Donnell
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
2
To:
From
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
July 2, 2014
Agenda Item: P ff
Subject: Plastic Bag Regulations and Consideration of Adding Chapter 10A
(Carryout Bags) to Title III of the Tiburon Municipal Code
(Introduction of Ordinance)
Reviewed By:
PURPOSE
Staff recommends that the Town Council consider an ordinance that would amend Title III of the
Tiburon Municipal Code to add a new Chapter l0A (Carryout Bags). The ordinance would
prohibit certain retail establishments from providing plastic single -use carryout bags to their
customers and would require these establishments to charge a fee for providing paper single -use
carryout bags to their customers. The ordinance is intended to reduce the Town's contribution of
oil -based plastic waste as well as paper waste to the landfills; reduce oil consumption and
greenhouse gas emissions in general; reduce the amount of plastic and paper litter in the
environment; and reduce degradation of the marine environment and harm to marine wildlife
caused by such litter.
BACKGROUND
Recycling and Zero Waste Efforts
Marin is a recognized national leader in waste recycling, reaching a countywide diversion rate of
72% in 2006. Although recycling rates in Marin have increased significantly over the past two
decades, the amount of waste going to landfills has also increased. Total waste generation has
increased 75% between 1995 and 2006, and while recycled material has more than doubled,
landfill disposal increased by 30 %. Redwood Landfill is currently projected to reach capacity in
2024.
As a result of these trends and challenges, the Marin Hazardous and Solid Waste Management
JPA prepared a Zero Waste Feasibility Study in December 2010, which concluded that between
75% and 80% of the material that goes to landfills can be diverted. The feasibility study proposes
28 programs to reduce waste generation, including Program 11 that states, "Promote countywide
sales and/or disposal ban on single -use plastics," The Town of Tiburon's Climate Action Plan,
adopted in 2011, stated that the Town will consider a list of recommended actions, including to
"adopt a policy to achieve zero waste going to landfills."
TOWN OF TIBURON PAGE 1 OF 5
Town Council Meeting
July 2, 2014
There is substantial evidence in the public record regarding the environmental effects of
disposable plastics and paper bags. The City of San Rafael compiled the information below
regarding disposable plastics, much of which was obtained from EIRs prepared by the cities of
San Jose and Santa Monica, and by the County of Los Angeles, and from the U.S. Environmental
Protection Agency. Additional information is on file and available for review in the Planning
Division.
Impacts of Single -Use Disposable Plastics
• Plastics make up about 10% of Marin's waste stream, and plastic bags by weight
do not constitute a large percentage of disposal tonnage.
• It is estimated that about 128 million plastic carryout bags are distributed by
retailers in Man each year and about 15 million paper carryout bags. That
equates to about 600 bags per person per year.
• Because of their shape and light weight, plastic bags and expanded polystyrene
(EPS) food containers are highly windblown throughout the urban environment
and into creeks, wetlands and the Bay.
• Municipal costs to pick up plastic bags and containers are substantial. The City of
Los Angeles determined that one - quarter of storm drain debris was composed of
plastic bags.
• The Redwood Landfill employs a full -time position to pick up windborne plastic
bags.
• 60 -80% of man-made marine debris is plastic.
• Plastic bags were the second -most common item collected during worldwide
Coastal Cleanup Day in 2009.
• Plastic bags and EPS containers degrade into smaller pieces which are more
difficult to remove from the environment and are consumed by wildlife.
• The manufacture, transport and recycling of paper bags creates over 3 times more
greenhouse gases than plastic bags, consumes twice as much energy and four
times as much water and create almost 3 times more solid waste.
• The manufacture, transport and recycling of reusable bags uses far less natural
resources than either plastic or paper disposable bags.
2. Recycling Potential
• Recycled plastic bags are "down cycled" into less useful compounds, having only
one additional use before becoming landfill. The most common use of recycled
plastic bags is plastic lumber (e.g., Trex).
• Only 9% of all plastic bags and product wraps were recycled in 2009.
• Only 7% of all plastic waste generated in 2009 was recycled.
• The costs of collecting and separating plastics for recycling far exceed the
fluctuating sales prices, requiring substantial financial subsidies in local waste
franchise agreements. A recent study found that processing plastic bags for
recycling cost $536 /ton while the market price was $32 /ton.
OF l IBORON Page 2 of 5
Town Council Meedng
July 2, 2014
Effects of a Single -Use Carryout Bag Ban
The City of San Jose EIR estimates that a ban on both paper and plastic carryout
bags and an allowance to purchase a recycled content paper bag for a minimum of
10¢ would reduce the use of plastic carry -out bags by 95 %. It would initially
double the use of paper bags, but this would decrease as customers switch to
reusable bags. The overall significant reduction in total disposable bag use was
found to have a positive environmental impact.
The County of Marin estimated that its proposed 5¢ minimum paper bag charge
would reduce overall disposable bag use by 60 %.
Municipal Collaboration and Committee Process
In early 2011, a Single -Use Plastics Advisory Committee ( SUPAC) was formed to facilitate a
process involving interested public agencies, community groups and merchants in evaluating
options for reducing single -use plastics. The Committee included representatives from the cities
of Novato, Mill Valley, San Anselmo, San Rafael, Sausalito and Tiburon. The intent was to
recommend a common approach to reducing single -use plastics in the form of plastic bags and
take -out food containers that could be adopted by all or most of Mann's jurisdictions.
SUPAC held six meetings and concluded its work in May, 2011. Over 60 people participated in
the discussions, including numerous community groups, industry groups and local grocers and
restaurateurs. The Committee recommended adoption of an ordinance to reduce single -use
carryout bags similar to that adopted by Marin County, believing that consistency among
jurisdictions in Marin is very important for both the public and merchants.
In 2013 the Mann County Hazardous and Solid Waste Management Joint Powers Authority
created a model single -use carryout bag reduction ordinance for use by Marin municipalities in
preparing their own individual ordinances. Several cities, including San Rafael and Novato, have
used this ordinance as a template in creating their own ordinances. As of this date, a total of six
Mann jurisdictions (Fairfax, Mill Valley, Novato, San Rafael, Sausalito and Marin County) have
adopted regulations banning single -use carryout bags.
Existing Single -Use Carryout Bag Ordinances
Ordinances banning single -use cant' -out bags are becoming increasingly popular throughout the
world (Ireland, Italy, Belgium, Hong Kong, Bangladesh, Switzerland, Germany) and in the
United States (Washington D.C.; Edmonds, Washington; Brownsville and South Padre Island,
Texas; Telluride, Colorado; Hooper Bay, Alaska; Westport, Connecticut). California in particular
has a high proportion of cities and counties taking action to ban single -use bags. In the past,
legislative action at the state level repeatedly failed to pass due to intense lobbying by the plastics
industry. However, in 2013 Senate Bill 270 was introduced that would prohibit single -use
carryout bags at specified stores beginning in July, 2015. This bill has not yet been adopted but
has been working its way through the State legislature.
There have been a number of CEQA lawsuits filed and threatened by the Save the Plastic Bag
Coalition in response to local agencies adopting bag ban ordinances without the preparation of an
TOWN OFTinu N Page 3 of 5
Town Council Meeting
July 2, 2014
EIR. Most recently the County of Marin was sued over its ordinance adoption, which utilized a
CEQA exemption. In 2011 the Superior Court upheld the County's ordinance and the decision
was subsequently upheld by both the Court of Appeals and the State Supreme Court. The City of
Manhattan Beach's lawsuit over preparing a Negative Declaration instead of an EIR was decided
by the California Supreme Court on July 14, 2011; in that case, the Supreme Court determined
that the preparation of a Negative Declaration by Manhattan Beach was appropriate due to the
level of potential impacts.
On January 16, 2014 the JPA Board of Directors certified an EIR analyzing the potential
environmental impacts of the model single -use carryout bag reduction ordinance. As of this date,
that EIR has not been challenged in court.
2011 Town Council Review
On November 2, 2011 the Town Council considered a previous version of a carryout bag
ordinance. At that time, the consensus of the Council was to wait until the threat of litigation was
removed for other similar ordinances. Since that time, the County ordinance was upheld in court,
the JPA EIR was certified and the current model ordinance was prepared. At the March 25, 2014
Town Council /staff retreat, Council directed staff to prepare a revised version of the model
ordinance and schedule a hearing to consider its adoption.
"Z%Vyly
The proposed ordinance before the Town Council is based on the model ordinance prepared by
the JPA. This ordinance would:
• Apply only to grocery stores, pharmacies and convenience stores;
• Prohibit such stores from providing single -use plastic carry -out bags or free paper
carry -out bags;
• Allow such stores to sell recycled content paper bags to customers for a minimum
of 10¢, to be retained by the merchant, both to compensate the merchant for the
cost of the paper bags but also to send a price signal to consumers to encourage
use of reusable bags;
• Exempt handle -less meat, produce and bulk food bags; and
• Exempt customers who participate in the State Supplemental Food Program,
allowing them to receive paper carry-out bags at no cost.
The Town has made several minor changes to the model ordinance in order to clarify certain
definitions and create enforcement procedures that would be more consistent with current Town
practices. Otherwise, the draft Town ordinance and model ordinance are virtually identical. The
Tiburon ordinance would apply at this time only to the Woodlands Market and Paradise Foods
grocery stores, and to the CVS pharmacy.
PRELIMINARY ENVIRONMENTAL DETERMINATION
As noted above, in 2013 the Marin County Hazardous and Solid Waste Management JPA
prepared a draft Model Single Use Carryout Bag Reduction Ordinance that participating JPA
OFTillIIRON Page 4 of 5
Town Councfl Meeting
July 2, 2014
member agencies within Marin County (including the Town of Tiburon) could consider for
adoption. The JPA was assigned the role of administering the CEQA process for this ordinance,
and a determination was made that the JPA would prepare and certify an EIR for adoption of the
model ordinance in all of the member municipalities.
The Draft EIR included an analysis of alternatives which concluded that Alternative 4 (requiring
a mandatory charge of 10¢ for recyclable paper carryout bags) would be environmentally superior
compared to the draft model ordinance. The draft Tiburon ordinance would be consistent with
Alternative 4.
The JPA Final EIR was reviewed to determine if it adequately analyzed the environmental
impacts of the proposed ordinance. Based on this review, staff believes that adoption of the
proposed ordinance would not result in any significant new information or new significant
impacts that had not been previously analyzed in the Final EIR. Staff has prepared a resolution
(Exhibit 2) making the necessary CEQA findings to adopt the proposed ordinance.
FINANCIAL IMPACT
No fiscal impact to the Town is anticipated.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing on the draft ordinance and consider all testimony.
2. Adopt the CEQA findings resolution.
3. If appropriate following deliberation, proceed with the introduction and first reading of
the draft ordinance. The procedure would be to move to read the ordinance by title only,
waiving any additional reading, and introduce the Ordinance adding Title III, Chapter
10A (Carryout Bags) of the Tiburon Municipal Code. Pass the first reading by roll call
vote. If first reading is passed, the Ordinance will return for final adoption on a future
consent calendar. The ordinance would take effect 30 days after adoption.
EXHIBITS
1. Draft Ordinance
2. Draft Resolution of CEQA Findings
Prepared By: Daniel M. Watrous, Planning Manager
IRON Page 5 of 5
1 ORDINANCE NO. DRAFT N.S.
3 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADDING
4 CHAPTER 10A TO TITLE III OF THE TIBURON MUNICIPAL CODE
5 WITH RESPECT TO REGULATION OF CARRYOUT BAGS
7 SECTION 1. FINDINGS.
8
9 A. The Town Council held a duly noticed public hearing on June 4, 2014 and has heard and
10 considered all public testimony on the proposed Ordinance.
11 B. The Town Council finds that all notices and procedures required by law attendant to the
12 adoption of this Ordinance have been followed.
13 C. The Town Council finds that the actions made by this Ordinance are necessary for the
14 protection of the public health, safety, and welfare for the following reasons:
15 (1) The manufacture and distribution of single -use carryout bags requires
16 utilization of finite natural resources.
17 (2) The use of single -use shopping bags have severe environmental impacts,
18 including greenhouse gas emissions, litter, harm to wildlife, water consumption
19 and solid waste generation.
20 (3) Plastic bag litter results in costs to public agencies, including the Town of
21 Tiburon, through necessary removal of bag debris from storm drains, public
22 roadways and open spaces that are owned and maintained by those public
23 agencies, including the Town of Tiburon.
24 (4) Statewide the rate of recycling of plastic bags is only approximately five
25 percent (5 %).
26 The Town Council finds that the certified EIR for the project contains substantial
27 evidence in support of the above findings. It is the desire of the Town of Tiburon to
28 conserve natural resources, to protect wildlife and natural habitat, to reduce waste, litter
29 and marine pollution and to protect the public health and welfare, and adoption of the
30 ordinance will further these objectives.
31 D. The Town Council finds that the actions made by this Ordinance are consistent with the
32 goals and polices of the Tiburon General Plan and other adopted ordinances and
33 regulations of the Town of Tiburon.
34 E. The Town Council finds that adoption of this ordinance would be consistent with the
35 requirements of the California Environmental Quality Act (CEQA) as described below:
36 (1) In 2013 the Marin County Hazardous and Solid Waste Management Joint Powers
37 Authority C JPA ") prepared a draft Model Single Use Carryout Bag Reduction Ordinance
38 that participating JPA member agencies within Marin County (including the Town of
39 Tiburon) can consider for adoption.
Tiburon Town Council Ordinance No. - -- N. S. Effective 4- -12014
M: IBIT NO.
40 (2) The JPA was assigned the role of administering the California Environmental Quality
41 Act ( "CEQA ") process, and a determination was made that the JPA would prepare an
42 Environmental Impact Report ( "EIR' through Final EIR completion for possible
43 adoption of the model ordinance in all of the member municipalities. The JPA prepared a
44 Notice of Preparation for an EIR for the draft model ordinance, which was published on
45 June 21, 2013, initiating a 30 -day review period. On July 9, 2013, the JPA conducted a
46 public scoping meeting.
47 (3) On November 1, 2013 the Single Use Carryout Bag Reduction Ordinance Draft EIR
48 was completed and published for public review (State Clearinghouse #2013062049).
49 Commencing on November 1, 2013, a 45 -day public review period was observed, ending
50 on December 15, 2013. The Draft EIR concluded that: a) for each environmental issue
51 studied, impacts would either be less- than- significant or beneficial; b) the draft model
52 ordinance would not result in any significant, unavoidable impacts, or any significant
53 impacts that require mitigation. Further, as required by the CEQA Guidelines, the Draft
54 EIR analyzed seven alternatives to the project (model ordinance) and identified an
55 environmentally superior alternative to the project. Section 6.0 of the Draft EIR analyzed
56 the alternatives and concluded that Alternative 4 (Mandatory Charge of $0.10 for
57 Recyclable Paper Carryout Bags) would be environmentally superior to the draft model
58 ordinance.
59 (4) Pursuant to Public Resources Code Section 2109 1 (d)(2)(A) and CEQA Guidelines
60 Sections 15088 and 15089, the JPA responded to all environmental comments that were
61 submitted on the Draft EIR during the public review period. A Final EIR was prepared
62 and published.
63 (5) On January 16, 2014 the JPA Board of Directors held a duly- noticed public hearing
64 on the Final EIR, accepting all oral and written public testimony and the written report of
65 the JPA staff. Following closure of the public hearing and deliberation, the Board of
66 Directors, on an 11 -0 vote, adopted Resolution No. 2014 -01 certifying the Single Use
67 Bag Reduction Ordinance Final EIR.
68 (6) Following the certification of the Final EIR by the JPA Board of Directors, the Town
69 of Tiburon determined to proceed with one of the alternatives (Alternative 4: Mandatory
70 Charge of $0.10 for Recyclable Paper Carryout Bags) in the Final EIR as a basis for
71 adoption of a town -wide ordinance regulating carryout bags.
72 (7) The Town Council reviewed the Final EIR to determine if it adequately analyzed the
73 environmental impacts of the proposed ordinance. The Council has determined, based on
74 all of the evidence in the record, that the EIR was completed in compliance with CEQA
75 and certifies that the EIR reflects the Council's independent judgment regarding the
76 proposed ordinance and that the Council reviewed and considered the EIR before
77 adopting the proposed ordinance. Moreover, based on its review, and as set forth in the
78 findings below, the Town Council finds that there is no significant new information or
79 changes to the project or the project's circumstances that indicate new significant impacts
80 that were not previously analyzed in the Final EIR. Consistent with the requirements of
81 CEQA Guidelines Section 15096, the Town Council of the Town of Tiburon has
82 considered the Final EIR prepared by the JPA as the lead agency, and has reached its own
Tiburon Town Council Ordinance No. - -- N. S. Effective - -/- -12014
83 conclusions on whether and how to approve the proposed ordinance, based on findings of
84 fact previously adopted by separate resolution of the Town Council.
85 SECTION 2. ADOPTION OF CHAPTER 10A.
86
87 Chapter IOA (Carryout Bags) is hereby added to Title III of the Tiburon Municipal Code to read
88 as follows:
89 Chapter 10A CARRYOUT BAGS
90 Sections:
91 10A.010 Title.
92 10A.020 Purpose and Intent.
93 10A.030 Definitions.
94 10A.040 Plastic carryout bags prohibited.
95 10A.050 Permitted bags regulated.
96 10A.060 Recyclable paper carryout bags regulated.
97 10A.070 Reusable bags regulated.
98 10A.080 Exempt customers.
99 10A.90 Enforcement; violations; penalties; cumulative remedies.
100 10A.100 No conflict with federal or state law.
KIN
102 10A.010 Title.
103 This chapter shall be known as the "Town of Tiburon Carryout Bag Ordinance" and may be so
104 cited.
1o5 10A.020 Purpose and Intent.
106 The purpose of this chapter is to reduce harmful waste from entering the environment by
107 regulating Single Use Carryout Bags in Stores and generally requiring Reusable Bags or
108 Recyclable Paper Carryout Bags in their place.
109 10A.030 Definitions.
110 The following definitions apply to this chapter:
111 A. "Carryout Bag" means a bag intended to convey or protect goods, products or packaged food
112 products provided by a Store to a Customer at the point of sale.
113 B. "Customer" means any person purchasing goods from a Store.
Tiburon Town Council Ordinance No. - -- N. S. Effective - -1- -12014 3
114 C. "Operator" means the person in control of, or having the responsibility for, the operation of a
115 Store, which may include, but is not limited to, the owner of the Store.
116 D. "Plastic Carryout Bag" means any bag made predominantly of plastic derived from either
117 petroleum or a biologically -based source, such as corn or other plant sources, which is provided
118 to a Customer at the point of sale. Plastic Carryout Bag includes compostable and biodegradable
119 bags but does not include Reusable Bags or Product Bags.
120 E. " Postconsumer Recycled Material" means a material that would otherwise be destined for
121 solid waste disposal, having completed its intended end use and product life cycle. Postconsumer
122 Recycled Material does not include materials and by- products generated from, and commonly
123 reused within, an original manufacturing and fabrication process.
124 F. "Product Bag" means any bag without handles used exclusively to carry produce, meats, or
125 other food items such as bulk foods to the point of sale inside a Store or to prevent such food
126 items from coming into direct contact with other purchased items.
127 G. "Recyclable" means material that can be sorted, cleansed, and reconstituted using available
128 recycling collection programs for the purpose of using the altered form in the manufacture of a
129 new product. "Recycling" does not include burning, incinerating, converting, or otherwise
130 thermally destroying solid waste.
131 H. "Recyclable Paper Carryout Bag" means a paper bag that meets all of the following
132 requirements: (1) contains no old growth fiber, (2) is one hundred percent (100 %) Recyclable
133 overall and contains a minimum of forty percent (40 %) Postconsumer Recycled Material; (3) is
134 capable of composting, consistent with the timeline and specifications of the American Society
135 of Testing and Materials (ASTM) Standard D6400; (4) is accepted for recycling in curbside
136 programs in the Town of Tiburon; (5) has printed on the bag the name of the manufacturer, the
137 location (country) where the bag was manufactured, and the percentage of Postconsumer
138 Recycled Material used; and (6) displays the word "Recyclable" in a highly visible manner on
139 the outside of the bag.
140 I. "Reusable Bag" means a bag with handles that is specifically designed and manufactured for
141 multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of 125
142 uses, which for purposes of this chapter means the capability of carrying a minimum of 22
143 pounds 125 times over a distance of at least 175 feet; (2) has a minimum volume of 15 liters; (3)
144 is machine washable or is made from a material that can be cleaned or disinfected; (4) does not
145 contain lead, cadmium, or any other heavy metal in toxic amounts; (5) has printed on the bag, or
146 on a tag that is permanently affixed to the bag, the name of the manufacturer, the location
147 (country) where the bag was manufactured, a statement that the bag does not contain lead,
148 cadmium, or any other heavy metal in toxic amounts, and the percentage of Postconsumer
149 Recycled Material used, if any; and (6) if made of plastic, is a minimum of at least 2.25 mils
150 thick.
151 J. "Single Use Carryout Bag" means a bag made of plastic, paper, or other material, that is
152 provided by a Store to a Customer at the point of sale that is not a Reusable Bag as defined in
153 this chapter. A Single Use Carryout Bag does not include a Product Bag or a bag provided by a
154 pharmacy pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the California
155 Business and Professions Code to a Customer purchasing a prescription medication.
Tiburon Town Council Ordinance No. -- N. S. Effective 4- -12014 4
156 K. "Store" means a retail establishment located within the Town of Tiburon that meets any one
157 or more of the following definitions:
158 1. A full -line, self - service retail store with gross annual sales of two million
159 dollars ($2,000,000) or more that sells a line of dry grocery, canned goods, or
160 nonfood items and some perishable items;
161 2. A store of at least 10,000 square feet of retail space that generates sales or use
162 tax pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law (Part
163 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation
164 Code) and that has a pharmacy licensed pursuant to Chapter 9 (commencing with
165 Section 4000) of Division 2 of the Business and Professions Code; or
166 3. A drug store, pharmacy, supermarket, grocery store, convenience food store,
167 food mart, or other entity engaged in the retail sale of a limited line of goods that
168 includes milk, bread, soda, and snack foods, including those stores with a Type 20
169 or 21 license issued by the Department of Alcoholic Beverage Control.
170 L. Town Manager means the town manager of the town or his or her designee.
171 10A.040 Plastic carryout bags prohibited.
172 A. No Store shall provide to any Customer a Plastic Carryout Bag.
173 B. This prohibition applies to bags provided for the purpose of carrying away goods from the
174 point of sale and does not apply to Product Bags.
175 10A.050 Permitted bags regulated.
176 All Stores shall provide or make available to a Customer only Recyclable Paper Carryout Bags
177 or Reusable Bags for the purpose of carrying away goods or other materials from the point of
178 sale, subject to the terms of this chapter. Nothing in this chapter prohibits a Customer from using
179 a bag of any type that is brought to the Store by that Customer or from carrying away goods that
180 are not placed in a bag, in lieu of using bags provided by the Store.
181 10A.060 Recyclable paper carryout bags regulated.
182 A. Any Store that provides a Recyclable Paper Carryout Bag to a Customer must charge the
183 Customer at least ten cents ($0.10) for each such bag provided, except as provided in section
184 10A.080. The Town Council may increase the ten cent ($0.10) minimum charge by resolution.
185 B. No Store shall rebate or otherwise reimburse a Customer any portion of the minimum charge
186 required in subsection A, except as provided in section 10A.080.
187 C. All Stores must post signage clearly indicating the per bag charge for Recyclable Paper
188 Carryout Bags.
189 D. All Stores must indicate on the Customer sales receipt the number of Recyclable Paper
190 Carryout Bags provided and the total amount charged for the bags.
191 E. All monies collected by a Store for Recyclable Paper Carryout Bags pursuant to this chapter
192 will be retained by the Store.
Tiburon Town Council Ordinance No. - -- N. S. Effective - -1- -12014
193 10A.070 Reusable bags regulated.
194 A. All Stores shall make Reusable Bags available for purchase by a Customer for at least ten
195 cents ($0.10) for each such bag provided, except as provided in section 10A.080. The Town
196 Council may increase the ten cent ($0.10) minimum charge by resolution.
197 B. A Store may provide Reusable Bags to Customers at no cost until sixty (60) days after July
198 18, 2014.
199 C. Each Store is strongly encouraged to educate its employees and staff to promote Reusable
200 Bags and to post signs encouraging Customers to use Reusable Bags.
201 D. No Store shall rebate or otherwise reimburse a Customer any portion of the minimum charge
202 required in subsection A, except as provided in section 10A.080.
203 E. All Stores must post signage clearly indicating the per bag charge for Reusable Bags.
204 F. All Stores must indicate on the Customer sales receipt the number of Reusable Bags provided
205 and the total amount charged for the bags.
206 G. Each Store is strongly encouraged to charge for a Reusable Bag a price commensurate with
207 the cost to procure the Reusable Bag, in order to encourage maximum reusability and not cause
208 the Reusable Bags to be treated as throw -away items.
209 H. All monies collected by a Store from the sale of Reusable Bags pursuant to this chapter shall
210 be retained by the Store.
211 10A.080 Exempt customers.
212 All Stores must provide at the point of sale, free of charge, either Reusable Bags or Recyclable
213 Paper Carryout Bags or both, at the Store Operator's option, to any Customer participating either
214 in the California Special Supplemental Food Program for Women, Infants, and Children pursuant
215 to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the
216 Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10
217 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code.
218 10A.090 Enforcement; violations; penalties; cumulative remedies.
219 A. The Town Manager has primary responsibility for enforcement of this chapter. The Town
220 Manager is authorized to promulgate regulations and to take any and all other actions reasonable
221 and necessary to enforce this chapter, including, but not limited to, investigating violations,
222 issuing fines and entering the premises of any Store during business hours.
223 B. If the Town Manager determines that a violation of this chapter has occurred, he /she will issue
224 a written warning notice to the Operator of a Store that a violation has occurred and the potential
225 penalties that will apply for fixture violations.
226 C. Any Store that violates or fails to comply with any of the requirements of this chapter after a
227 written warning notice has been issued for that violation shall be guilty of an infraction.
228 D. Violations of this chapter shall be punishable and subject to remedy as follows:
Tiburon Town Council Ordinance No. -- N. S. Effective - -/- -12014
229 (1) Violations of this chapter will be subject to enforcement under title VI, chapter 31
230 of this code, which may include, without limitation, a citation assessing a monetary fine
231 not to exceed two hundred fifty dollars per violation. The town council may adjust the
232 monetary fine amount for violations from time to time by resolution.
233 (2) Any property owner or employee, agent or contractor working for a property
234 owner who violates this chapter may also be considered guilty of an infraction, and each
235 day such violation is committed or permitted to continue shall constitute a separate
236 offense and shall be punishable as such. Such infraction shall be punishable by a
237 monetary fine not to exceed two hundred fifty dollars. The town council may adjust the
238 monetary fine amount for violations from time to time by resolution.
239 (3) Violations of this chapter shall be deemed a public nuisance. In addition to other
240 remedies provided in this section, the Town may summarily abate any such violation or
241 bring civil suit to abate the same, or use other methods of enforcement as set forth in
242 chapter 31 of the Tiburon Municipal Code.
243 E. The remedies provided in this section shall be cumulative and not exclusive.
244 10A.100 No conflict with federal or state law.
245 Nothing in this chapter is intended to create any requirement, power or duty that is in conflict
246 with any federal or state law.
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249 If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
250 held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such
251 decision shall not affect the validity of the remaining portions of the Ordinance. The Town
252 Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any
253 section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
254 more sections, subsections, sentences, clauses, or phrases may be declared invalid or
255 unconstitutional.
256 SECTION 4. EFFECTIVE DATE.
257
258 This Ordinance shall take effect and be in force thirty (30) days after the date of adoption,
259 and before the expiration of fifteen (15) days after its adoption a copy of the ordinance shall be
260 published, with the names of the members voting for and against it at least once in a newspaper
261 of general circulation in the Town of Tiburon.
262 This ordinance was read and introduced at a regular meeting of the Town Council of the
263 Town of Tiburon, held on the 4th day of June, 2014, and was adopted at a regular meeting of the
264 Town Council of the Town of Tiburon, held on the 18th day of June, 2014, by the following
265 vote:
Tiburon Town Council Ordinance No. - -- N. S. Effective - -/- -12014
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AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Ordinance No. - -- N S. Effective --1- -12014 8
RESOLUTION NO. (DRAFT) -2014
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ADOPTING FINDINGS RELATING ADOPTION OF CARRYOUT BAG REGULATIONS
IN THE TIBURON MUNICIPAL CODE PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Town Council of the Town of Tiburon is considering an ordinance
that would regulations for carryout bags applicable to certain retain establishments; and
WHEREAS, on January 16, 2014 Mann County Hazardous and Solid Waste
Management Joint Powers Authority (JPA) Board of Directors certified a Final
Environmental Impact Report for a model Single Use Bag Reduction Ordinance that
participating JPA member agencies within Marin County (including the Town of Tiburon)
can consider for adoption; and
WHEREAS, following the certification of the Final EIR by the JPA Board of
Directors, the Town of Tiburon determined to proceed with one of the alternatives
(Alternative 4: Mandatory Charge of $0.10 for Recyclable Paper Carryout Bags) in the Final
EIR as a basis for adoption of a town -wide ordinance regulating carryout bags ( "Carryout Bag
Ordinance "); and
NOW, THEREFORE BE IT RESOLVED that the Town Council makes specific
findings required by the California Environmental Quality Act for actions taken by
responsible agencies as set forth in CEQA Guidelines Section 15096 as follows:
Findings per Section 15096 (a): Based on the Record, the Town Council finds that the
Final EIR prepared by the Marin Hazardous and Solid Waste Management Joint
Powers Authority (SCH #2013062049) has been considered by the Town Council,
which has reached its own independent conclusions on whether and how to approve
the Carryout Bag Ordinance. After individual analysis, the Town Council finds that
none of the impacts resulting from the project would be significant. More specifically,
as detailed in the Final EIR at Sections 4.0 -5.0 and 6.0 (as it relates to Alternative 4),
incorporated herein by reference, the Carryout Bag Ordinance would have less than
significant impacts with respect to Air Quality (Section 4. 1), Biological Resources
(Section 4.2), Greenhouse Gas Emissions (Section 43), Hydrology/Water Quality
(Section 4.4), Utilities and Service Systems (Section 4.5), and Long term impacts
(Section 5). The CEQA Guidelines require that a lead agency make findings rejecting
the adoption of an alternative in lieu of the proposed project if the Final EIR concludes
that the proposed project will result in significant impacts. However, in this case, the
Town is not required to make such findings in that all potentially significant impacts
of the model ordinance have been determined to be less- than- significant. Nonetheless,
the Town has concluded that one of the Final EIR alternatives, Alternative 4:
Mandatory Charge of $0.10 for Recyclable Paper Carryout Bags would be
environmentally superior compared to the model ordinance as it would result in a
beneficial effect with respect to air pollution. In addition, this alternative would result
Tiburon Town Council Resolution No. XX -2014 - -/ -2014 1
EXHIBIT NO.
in slightly reduced greenhouse gas emissions compared to the model ordinance. This
alternative would also reduce solid waste in area landfills compared to the model
ordinance, but would increase water use and wastewater generation compared to the
model ordinance for washing reusable bags. However, water and wastewater impacts
would remain less - than- significant. Alternative 4 would also meet the project
objectives outlined in the Final EIR and described as follows:
• Reducing the environmental impacts related to single use plastic carryout bags,
such as impacts to biological resources (including marine environments), water
quality and utilities (solid waste equipment and facilities);
• Deterring the use of paper carryout bags by retail customers;
• Promoting a shift toward the use of reusable carryout bags by retail customers;
• Reducing the amount of single use plastic carryout bags in landfill volumes; and
• Reducing litter and the associated adverse impacts to storm water systems,
aesthetics and marine and terrestrial environments.
The Carryout Bag Ordinance is the same as EIR Alternative 4 except for
environmentally non - substantive revisions made by the Town of Tiburon. The
Carryout Bag Ordinance's will be the same as those identified in the EIR in
connection with EIR Alternative 4. Thus, adoption of the environmentally non-
substantive revisions made by the Town of Tiburon would result in an
environmentally superior project in comparison to the model ordinance that is
analyzed as the project in the certified Final EIR.
2. Findings er Section 15096 (f): Based on the Record, the Town Council finds that it
has considered the environmental effects of the proposed ordinance as shown in the
Final EIR prepared by the Marin Hazardous and Solid Waste Management Joint
Powers Authority (SCH #2013062049) prior to reaching a decision on the proposed
ordinance. The Town Council also finds that preparation of either a Subsequent or
Supplemental EIR as provided under CEQA Guidelines Sections 15162 and 15163 is
not required. The Town Council has reviewed the record and found no significant new
information regarding the Carryout Bag Ordinance, no changes to the Carryout Bag
Ordinance or substantial changes with respect to the circumstances under which
Ordinance will be implemented since the publication of the Final EIR in January,
2014, that would indicate or constitute substantial evidence of significant impacts
other than those analyzed in the said Final EIR in connection with Alternative 4.
3. Findings per Section 15096 (a): Based on the Record, the Town Council finds that
adoption of alternatives or mitigation measures to the project analyzed in the Final
EIR prepared by the Marin Hazardous and Solid Waste Management Joint Powers
Authority (SCH #2013062049) is not necessary to substantially lessen or avoid any
significant effects the project would have on the environment since none of the
impacts resulting from the project would be significant.
4. Findings i)er Section 15096 (h): Based on the Record, the Town Council finds that the
findings required under Section 15091 of the CEQA Guidelines are not required to be
Tiburon Town Council Resolution No. XX.2014 —1 -2014 2
made since none of the impacts resulting from the project would be significant. More
specifically, as detailed in the Final EIR Sections 4.0 -5.0 and 6.0 (as it relates to
Alternative 4), incorporated herein by reference, the Carryout Bag Ordinance would
have less than significant impacts with respect to Air Quality (Section 4. 1), Biological
Resources (Section 4.2), Greenhouse Gas Emissions (Section 4.3), Hydrology/Water
Quality (Section 4.4), Utilities and Service Systems (Section 4.5), and Long term
impacts (Section 5).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on 2014, by the following vote:
AYES: COUNCILMEMBERS:
W[fTzk. *6Ii0[f1IV75Ia Ti:1a 14.3
ABSENT: COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Resolution No. XX -2014 —/ -2014