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HomeMy WebLinkAboutCM Carry Out Bags; Plastic Bag OrdinanceCITY OF Agenda Item No: 5. b Meeting Date: February 18, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager's Office Prepared by: Cory Bytof City Manager Approval/ Volunteer & Sustainability Program Coordinator SUBJECT: CONSIDERATION OF AN ORDINANCE ESTABLISHING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.94 REGULATING SINGLE USE CARRYOUT BAGS RECOMMENDATION: 1. Conduct a public hearing; 2. Adopt resolution certifying a Final Environmental Impact Report (Final EIR) and adopting an EIR Addendum 3. Adopt resolution adopting CEQA Findings of Fact supporting approval of ordinance; and 4. Pass to print an ordinance establishing San Rafael Municipal Code Chapter 10.94 regulating single use carryout bags. BACKGROUND: The negative effects on the environment with regard to single use plastic bags is well- documented, and includes hazards to marine life and other wildlife that get caught or entangled in, or ingest plastic bags when littered in the environment. Due to the lightweight nature of plastic bags, and the fact that they are not biodegradable, they easily become litter that resides in the environment for many years. Other effects include covering and clogging storm drains as well as aesthetic effects, and many landfill operators employ full time staff to catch blowing bags and paper before they escape into the environment. The negative effects of single use paper bags include increased greenhouse gas emissions and other pollution resulting from the production and transportation of the bags. In 2006, the State of California passed AB 2449, which limited local government regulation of plastic bags. It required large grocery stores to have plastic bag recycling receptacles, but precluded cities from requiring a fee for distribution of plastic bags. Although CalRecycle has not been able to gather accurate data, they estimate that less than 5% of plastic bags are currently being recycled. For the past several years, various bills that would have banned grocery stores, convenience stores, and pharmacies from providing plastic bags have been introduced in the State legislature, but none have been adopted. However, there is a renewed interest and possibility of a compromise bill that is expected to be introduced in the legislature again this year. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 In April 2009 the City Council adopted San Rafael's Climate Change Action Plan (CCAP), which includes Program LF17 directing the City to investigate options for banning non -recyclable single -use items such as plastic bags and polystyrene takeout food containers. In 2011 the City Council adopted the Sustainability Element of the City's General Plan, which includes Policy SU -9 for adoption of a Zero Waste goal and implementation of programs to reduce material consumption and waste generation, with a subsection SU -9h which specifically calls for banning single -use items such as single use carryout bags. In 2010, the City applied for and received a grant from the Marin County Hazardous and Solid Waste Management Joint Powers Authority (JPA) to fund development of single -use plastics ordinances and facilitate a process involving six Marin jurisdictions. From February to May 2011 a Single -Use Plastics Advisory Committee (SUPAC) process was convened to investigate options for enacting an ordinance in San Rafael that could be utilized by other jurisdictions as well. SUPAC included the cities of Novato, Mill Valley, San Anselmo, Tiburon, and Sausalito, the County of Marin, local businesses, residents, the California Grocers and Restaurants associations, and community members. Based on its findings, SUPAC recommended that the City adopt an ordinance to reduce single -use carryout bags similar to one that was recently adopted by the County. In July, 2011, the Save the Plastic Bag Coalition filed a lawsuit against the County of Marin, contending that the County could not enact its ordinance without preparing a full Environmental Impact Report. In August 2011, a City Council study session was held to review the SUPAC recommendations and get direction on how staff should move forward on this issue. The Council directed staff to analyze the requirements of the California Environmental Quality Act and the lawsuit against the County consistent with the SUPAC recommendations. The Council further directed staff to start the background work necessary to prepare an ordinance, to conduct research for enforcement, and to consider phasing in all retailers after one year of implementation. In March 2012, a second City Council study session was held to review the results of the lawsuit against the County and get direction on how staff should proceed. Although the County had won its lawsuit, it was under appeal, and it was uncertain how the higher court would respond. At that time, Council reiterated its desire to adopt a similar ordinance. However, due to the uncertainty of the legal standing of such a ban, Council directed staff to continue to investigate options, to support state-wide legislation, and to proceed with an ordinance to ban expanded polystyrene foam takeout food containers in restaurants and other food service establishments, which was completed and adopted by Council in October of 2012. On June 24, 2013, the First District Court of Appeals ruled in favor of the County specific to their ordinance in the unincorporated areas of Marin. It was subsequently appealed to the Supreme Court. Meanwhile, City staff worked with the Sustainability Subcommittee of the Council to pursue the City's options. This action resulted in City Manager Nancy Mackle requesting the JPA to develop a "model ordinance" and administer the environmental review (CEQA) process of assessing the model ordinance, which San Rafael and all other participating Marin jurisdictions could utilize in order to accelerate the adoption of a bag ordinance. The decision to petition the JPA was based on many factors. First, Council had been directing staff to pursue other options, and in consultation with the City Attorney's Office agreed that pursuing an ordinance alone with or without an environmental review had significant staff time and financial cost implications. Second, the JPA's main goal is to promote Zero Waste and provide technical expertise and financial support to cities and towns to do so. Third, other waste collectives in California were starting to do similar work that had been successful and cost- SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 effective. Fourth, doing a unified environmental review such as this allowed the City and other jurisdictions to address the "cumulative effect" argument brought about by the Save the Plastic Bag Coalition, when multiple jurisdictions in a small geographic area implement a similar ordinance. Fifth, a full environmental review provided the study necessary to apply the ordinance to all retailers within a year, including restaurants, which Council has stated a desire to do consistently since 2011 (see discussion below under section entitled, Environmental Review). The JPA Board approved of and began an environmental impact report (EIR) process in spring 2013, and released a draft EIR in November. Council held a public hearing on the draft EIR in December 2013 and provided comments to the JPA. The JPA has committed resources to the consultant, Rincon Consultants, to assist San Rafael in being the first city to utilize the EIR to adopt an ordinance locally so that other cities and towns may utilize the materials to more efficiently pass ordinances in their jurisdictions. The JPA Board certified the EIR at their last meeting on January 16, 2014, paving the way for staff to bring forward this ordinance. ANALYSIS: A proposed ordinance is presented in Attachment 3 of this staff report. Per the direction of the City Council at the December 2, 2013 City Council hearing on the Draft Environmental Impact Report, the proposed ordinance has been drafted to be essentially the same as Draft EIR Alternative #4 with some minor additions and alterations. It applies to three types of retailers, which amounts to approximately 45 businesses in San Rafael, and to public events such as the Downtown Farmer's Market Festival, which includes approximately 50-60 covered vendors on an average market day. The inclusion of public events in the draft ordinance is one of the aforementioned additions, and was decided on in discussions with the City Council Subcommittee on Sustainability and the City's Special Event Coordinator. Most jurisdictions in California now include events such as farmer's markets, and they can represent a large number of single use plastic bags. The Downtown Farmer's Market Festival organizer was consulted as well and is in agreement. In addition, to accommodate Council's direction on December 2, 2013 Council Meeting, EIR Alternative 4 was altered to become effective approximately six months from the time of passage, rather than in 30 days, to accommodate businesses' ability to exhaust their inventory and implement the receipting requirement. A further alteration to the EIR Alternative 4 is the self -reporting mechanism, which is a one-time verification of compliance that staff felt would be a simple way for the City to recognize early -adopters and identify businesses that need further outreach. The final alteration is a reduction in the amount of time a retail store can provide free reusable bags, down from sixty to thirty days in any twelve month period, in order to minimize any potential for reusable bags to be used like single -use bags. The proposed ordinance would apply to retail stores and event vendors in the following ways • Ban plastic bags with handles at point of sale • Mandate a minimum $0.10 charge for each recyclable paper bag provided to a customer at point of sale (to be retained by the store or vendor) • Mandate conditions for what constitutes a recyclable paper bag as well as a reusable bag • Mandate a minimum $0.10 charge for each reusable bag provided to a customer at point of sale (to be retained by the store or vendor) • Mandate clear signage for the charges for paper and reusable bags at stores • Encourage stores and event vendors to promote reusable bags through signage and verbal communications SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 • Mandate self -reporting of compliance The following additional provisions would apply only to retail stores: • Mandate sales of reusable bags • Mandate placing the charge for each recyclable paper or reusable bag on the customer receipt The rationale for making these two provisions only applicable to retail stores has to do with the fact that retail stores by nature have a much larger line of products for sale, have retail space with which to store and display reusable bags, and have mandated receipting systems in place, whereas event vendors typically do not. In addition, the proposed ordinance contains certain conditions for stores regarding promotional giveaways of reusable bags, and provides the ability of the City Council to increase the minimum charge for recyclable paper bags and reusable bags at any time by resolution. Finally, it contains exemptions for people on Supplemental Food programs, and for product bags to separate vegetables, meats, and bulk foods. This proposed ordinance would not apply to retailers that do not sell food products such as milk, bread, sodas and snack foods. Although San Rafael has many more retailers of this nature, including department stores, clothing stores, gift stores, and the like, the vast majority of plastic bags are distributed through the retailers covered under the current proposed ordinance. However, the City Council has made it clear its intention to revisit the ordinance in one year in order to make it applicable to all retailers, including restaurants, and to increase the charge for other types of checkout bags to a minimum of $0.25 per bag, which was studied in the Draft EIR as Alternative 7. Implementation, Outreach and Enforcement Single use bag reduction ordinances are prevalent throughout the Bay Area, and there are currently three in Marin County. This ordinance is similar in scope and effect as the ordinance in unincorporated Marin and Mill Valley, and shares many features of the Fairfax ordinance as well, namely the ban on plastic bags. Customers have heard the message to use reusable bags and cut down on single use bags, but have lacked the systemic incentives to do so in San Rafael. The $0.10 bag charge for recyclable paper bags, the mandate to show the charge on the receipt and to post signage with the charge are all designed to incentivize the reduction of single use bags, and are similar to other ordinances throughout the state. In 2011 there was a Bring Your Own Bag (BYOBag) promotion in the County and staff has procured the logo for use in our outreach campaign. Staff, interns, local organizations, and volunteers will commence store outreach soon after adoption of the ordinance. Public outreach will commence sometime this summer. Noticing has already gone out to potentially affected stores and to the Farmer's Market Festival so that they may be aware of. and comment on, the proposed ordinance. Staff will work with the JPA, and Marin Climate and Energy Partnership, as well as other local jurisdictions to promote the ordinance and offer online and print resources to assist with business comprehension and compliance; and customer education. Store and vendor outreach will consist of the following and will commence this spring through fall. • Intern visits to potentially affected business • A business toolkit with ordinance information, cash register placards, reusable bag resources, and best practices • Outreach through the Chamber of Commerce and Business Improvement District SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 Translation of materials into Spanish Customer outreach will consist of the following and will commence this summer through fall: • Press development • Online resources A Bring Your Own Bag Week, with outreach events and bag giveaways at stores and the Downtown Farmer' Market Festival, culminating in a beach and creek cleanup for Coastal Cleanup Day Enforcement is not anticipated to be a significant issue in light of the considerable awareness of the issue in our community and the greater Bay Area. It will be initially conducted through the self -reporting provision of the ordinance, utilizing an online reporting tool much like Santa Barbara and a few other jurisdictions have done. Volunteers may be engaged to verify compliance as well. Final enforcement will be on a complaint basis and will be the responsibility of City staff. The County of Marin did extensive outreach to the 32 businesses covered under their ordinance, and reported that all are in compliance with minimal enforcement. Environmental Review Draft Environmental Impact Report. The adoption of the proposed ordinance is a discretionary action, which is subject to the environmental review requirements of the California Environmental Quality Act (CEQA; Public Resources Code, Section 2100, et seq.). As discussed above, the JPA, representing a number of the participating Marin jurisdictions (including San Rafael) was assigned the role of administering the environmental review (CEQA) process for assessing a "model ordinance." In June 2013, the JPA determined that an Environmental Impact Report (EIR) should be prepared and preceded with the publication of a Notice of Preparation (NOP). Rincon Consultants, Inc. environmental consultants were hired to prepare the EIR. On November 1, 2013, the Single Use Carryout Bag Reduction Ordinance Draft Environmental Impact Report (Draft EIR) was completed and published. Consistent with the CEQA Guidelines, the JPA observed a 45 -day review period for public comment. The Draft EIR concluded that: a) for each environmental issue area studied, impacts would either be less -than -significant or beneficial; and b) the "model ordinance" would not result in any significant, unavoidable impacts that require mitigation. Further, consistent with the CEQA Guidelines, the Draft EIR included an assessment of seven alternatives to the project (EIR Alternatives), which are variations to the model ordinance. EIR Alternative 4 (mandatory charge of $0.10 for recyclable paper carryout bags) was determined to be environmentally superior to the model ordinance. As a "Co -Lead Agency," during the 45 -day public review period, on December 2, 2013, the City Council conducted a public hearing on the Draft EIR. Comments received during the public hearing were submitted to the JPA for response and incorporation into the Final Environmental Impact Report (Final EIR). As part of this public hearing process, the City Council expressed support for considering adoption of an ordinance that would be similar to EIR Alternative 4 (with some additions). Final EIR. A Final EIR was prepared and published in January 2014. The Final EIR consists of the Draft EIR text and appendices with edits and changes made in response to the comments received on the Draft EIR. All Draft EIR comments and responses have been incorporated into Section 8.0 of the Final EIR. An excerpt from Final EIR Section 8.0, which presents the responses to City of San Rafael comments on the Draft EIR, is provided in Attachment 4 of this staff report. A brief summary of the responses to the City's comments is provided as follows: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 1. The City requested that the Final EIR address and clarify the true costs for paper bags to determine whether the suggested charge per bag (at $0.10 or $0.25/bag) would be an imposed cost or a revenue stream for the retail stores. Final EIR Response 2.1: The Final EIR notes that the mandated minimum charge ($0.05 per paper bag per model ordinance) is intended as an incentive for shoppers to bring reusable bags. As this is a minimum charge, the store operators may choose to charge more for a carryout paper bag or may choose not to provide single -use carryout bags at all. As disclosed in Draft EIR Section 2.0 (Project Description), recyclable paper carryout bags can be purchased in bulk for $0.15-0.25 per bag. So, depending upon the preference of the retailer, the ordinance could either impose an additional cost or, but less likely, could generate revenue for the retailer. 2. The City requested that the Final EIR: a) identify the secondary impacts to the customer if a free plastic bag is no longer available to be re -used for trash, dog waste or other purposes; b) determine if the banning of free plastic bags would cause the customer to purchase more bags for trash, dog waste or other purposes (financial impact). Final EIR Response 2.2. The Final EIR notes that the secondary economic effects of eliminating the re -use of free plastic bags is beyond the scope of the environmental analysis under CEQA. However, the Final EIR notes that the secondary environmental effects banning plastic bags would be generally similar to the continued use of free plastic bags. The Final EIR acknowledges that, although store-bought bags are sometimes slightly thicker than the free plastic carryout bags, this would be off -set by the overall reduction in use of plastic bags that would result from the ordinance. With regard to the second comment and response, City staff has done some research but has found no studies specific to this issue. However, some cities and publications have acknowledged the potential increase in cost for some consumers for having to purchase trash can liners to replace the free plastic bags they get at point of sale. However, some cities and publications also point to the embedded cost in consumer goods for checkout bags. Some also point to free alternatives for things like dog waste, including newspaper bags, use of newspaper itself, bread bags, and other materials, and the prevalence of biodegradable bags at dog waste stations at parks and trails. On January 16, 2014, the JPA certified the Final EIR (Resolution 2014-01). As the City is a "Co - Lead Agency," it is recommended that the City certify the Final EIR prior to taking action on the proposed ordinance. As outlined in the attached resolution (Attachment 1), the Final EIR: a) has been prepared in accordance with the CEQA Guidelines and the City of San Rafael Environmental Review Procedures; b) is adequate in content and technical analysis; and c) is complete for certification. EIR Addendum. As discussed above, the proposed ordinance is a variation of and slightly different from EIR Alternative 4. The Final EIR was reviewed to ensure that the environmental impacts of the proposed ordinance have been adequately analyzed and addressed. It was determined that the proposed ordinance would not result in any new, additional or significantly different information, nor result in any new, significant impacts than previously disclosed or studied in the Final EIR. As a result, an EIR Addendum was prepared consistent with the CEQA Guidelines. The EIR Addendum is provided as Exhibit A to Attachment 1 of this staff report. It is recommended that the City Council adopt the EIR Addendum concurrent with the certification of the Final EIR. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7 CEQA Findings of Fact. When approving a project for which an EIR has been prepared and certified, the CEQA Guidelines require the lead agency to adopt "Findings of Fact" to support the action (in this case the adoption of an ordinance). A draft resolution has been prepared (Attachment 2) addressing these required findings. It is recommended that the City Council adopt this resolution prior to taking action to adopt the proposed ordinance. Note that the Draft EIR, Final EIR and EIR Addendum are available for review in the City Clerk's Office and on the City of San Rafael website and can be accessed by the following link (under "Hot Links"): d' ofsanrafae ori `c. tymo gr¢-3n-�omei PUBLIC NOTICING/COMMUNITY SUPPORT Four, regularly -noticed City Council study sessions have been held with public input on this subject. In addition, staff has presented at the Governmental Affairs Committee of the San Rafael Chamber of Commerce, has published a public hearing notice in the local newspaper, and has sent public hearing notice postcards out to all of the potentially affected businesses. Outreach has also gone out electronically to the Business Improvement District and the California Grocers Association. The proposed ordinance and EIR documents have been posted on the City web site. This proposed ordinance has also been discussed at our regular quarterly public CCAP implementation forums over the past three years. There is significant support for this ordinance in the general public, business community, and nonprofit community in San Rafael and the region. The City has received numerous verbal and written messages of support at each Council meeting where this has been discussed, the San Rafael Chamber of Commerce Board voted recently to support the ordinance, and letters of support have been sent in by Save the Bay and the League of Women voters, among others. Some of these are included in the Attachments. FISCAL IMPACT: It is anticipated that initial outreach will comprise the majority of financial resources. Climate Corps Bay Area Fellows (interns) will do initial outreach to businesses and customers. The Fellows are funded through the JPA's Zero Waste Grant Program. Printed materials, bag giveaways, and outreach activities will be funded by the JPA funds set aside for each jurisdiction for these purposes. San Rafael's portion of these funds is $10,707.32. Once in effect, there may also be unknown, but probably limited amounts of Code Enforcement staff time enforcing non-compliance. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the ordinance as proposed: 2. Continue action for additional information and response to Council comments and concerns; or 3. Deny the proposed ordinance RECOMMENDED ACTION: 1. Open the public hearing and accept public testimony - 2, Close the public hearing: 3. Adopt the Resolution Certifying the Final Environmental Impact Report, and adopt an EIR Addendum (Attachment 1): 4. Adopt the Resolution Adopting the CEQA Findings of Fact (Attachment 2):. 5. Pass ordinance (Attachment 3) to print. ATTACHMENTS: 1 Resolution Certifying the Final Environmental Impact Report and adopting an EIR SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8 Addendum 2. Resolution Adopting CEQA Findings of Fact 3. Proposed Ordinance 4. Final EIR- excerpt from Section 8.0, response to City comments on the Draft EIR 5. San Rafael Plastic Bag Litter Photo Collage 6. Support letters: San Rafael Chamber of Commerce, Save the Bay 7. Affidavit of Publication, Marin Independent Journal RESOLUTION NO. 13682 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) (SCH # 2013062049) AND ADOPTING AN EIR ADDENDUM PREPARED FOR A SINGLE -USE CARRYOUT BAG REDUCTION ORDINANCE P13-011 The City Council of the City of San Rafael finds and determines that: WHEREAS, in 2009, the City of San Rafael adopted the City of San Rafael Climate Change Action Plan (CCAP), which includes a number of programs and recommended measures to promote sustainability. Among the CCAP programs is LF17 which recommends that the City "investigate options for banning non -recyclable single -use items such as plastic bags and- polystyrene ndpolystyrene takeout food containers;" and WHEREAS, in 2012, the City Council directed staff to proceed with drafting an ordinance that would regulate, citywide, the use and type of single -use carryout bags. During this time, other cities and towns in Marin County expressed an interest in adopting similar ordinances. Collectively, the cities and towns worked with Marin County Hazardous and Solid Waste Management to form a Joint Powers Authority (JPA). The purpose of the JPA is to serve as a lead in: a) developing a "model ordinance" that could be considered for adoption by all participating cities and towns; and b) administering the environmental review of the model ordinance, as required by the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, in 2013, JPA prepared a draft Model Single Use Carryout Bag Reduction Ordinance (model ordinance) that participating JPA member agencies within Marin County (including the City of San Rafael) can consider for adoption; and WHEREAS, because adoption of a Single Use Carryout Bag Reduction Ordinance would be a discretionary action subject to the environmental review requirements of CEQA (Pub. Resources Code, § 21000 et seq.), the JPA prepared an Initial Study and determined that an Environmental Impact Report (EIR) should be prepared examining the potential environmental impacts of adopting and implementing the -draft model ordinance. The Initial Study recommends that the EIR assess the potential impacts in the topic areas of air quality, biological resources, greenhouse gas emissions/climate change, hydrology and water quality, utilities and service systems, cumulative impacts, growth -inducing impacts and project alternatives; and WHEREAS, acting as a "Co -Lead Agency," the JPA was assigned the role of administering the CEQA process through Final EIR completion for the member municipalities. The JPA prepared a Notice of Preparation (NOP) of an EIR for the draft model ordinance, which was published on June 21, 2013, initiating a 30 -day review period. On July 9, 2013, the JPA conducted a public scoping meeting. Four comment letters were received in response to the NOP; and WHEREAS, on November 1, 2013, the Single Use Carryout Bag Reduction Ordinance Draft EIR was completed and published for public review (SCH # 2013062049). Commencing on November 1, 2013, a 45 -day public review period was observed, ending on December 15, 2013. The Draft EIR concluded that: a) for each environmental issue area studied, impacts would either be less -than -significant or beneficial; b) the draft model ordinance would not result in any significant, unavoidable impacts, or any significant impacts that require mitigation. Further, as 1-1 required by the CEQA Guidelines, the Draft EIR must analyze alternatives to the project (model ordinance) and identify an environmentally superior alternative to the project. Seven alternatives were assessed, which are variations of the model ordinance. The Draft EIR concluded (Section 6.0, Alternatives) that Alternative 4 (Mandatory Charge of $0.10 for Recyclable Paper Carryout Bags) would be environmentally superior compared to the draft model ordinance; and WHEREAS, as a Co -Lead Agency, on December 2, 2013, the City of San Rafael City Council conducted a public hearing on the Draft EIR, which is required by the City of San Rafael Environmental Assessment Procedures Manual. Comments received during the public hearing were submitted to the JPA for response and incorporation into the Final Environmental Impact Report (Final EIR). Further, as part of this public hearing process, the City Council expressed support for considering an ordinance that would be similar to EIR Alternative 4 (with some additions), and directed staff to prepare a draft ordinance. The City Council also commented that EIR Alternative 7 (Mandatory Charge of $0.25 for Recyclable Carryout Bags) may be a direction to consider followine one year of enacting a bag reduction ordinance; and WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and CEQA Guidelines Sections 15088 and 15089, the JPA responded to all the environmental comments that were submitted on the Draft EIR during the public review period, including a written comment by the City of San Rafael summarizing the comments received at the December 2, 2013 City Council hearing, and a Final EIR was prepared and published; and WHEREAS, on January 16, 2014, the JPA Board of Directors held a duly -noticed public hearing on the Final EIR, accepting all oral and written public testimony and the written report of the JPA staff. Following closure of the public hearing and deliberation, the Board of Directors, on an 11-0 vote, adopted Resolution No. 2014-01 certifying the Single Use Bag Reduction Ordinance Final EIR. This certification was based on and supported by findings, which are incorporated herein by reference, and reaffirmed below; and WHEREAS, in January 2014, the City of San Rafael prepared a draft ordinance ("proposed ordinance") for adoption consideration by the City Council. Similar to EIR Alternative 4, the proposed ordinance bag reduction regulations would also apply to special events such as a farmer's market; and WHEREAS, since the project (proposed ordinance) is slightly different than EIR Alternative 4 analyzed in the Final EIR, the Final EIR was reviewed to ensure that the environmental impacts of this proposed ordinance have been adequately analyzed and addressed. The purpose of this review was to determine whether an Addendum to the Final EIR, Supplemental EIR or Subsequent EIR would be appropriate to address environmental review for the project. Public Resources Code Section 21166 and CEQA Guidelines Section 15162 set forth limited situations in which a Supplemental EIR or Subsequent EIR in required once a Final EIR has been certified. Further, CEQA Guidelines Section 15164 provides for the preparation of an EIR Addendum if no Supplemental EIR or Subsequent EIR is required; and WHEREAS, it has been determined that the proposed ordinance would not result in any new, additional or significantly different information, nor would it result in new, significant impacts that have not been previously studied or disclosed. As a result, the Addendum to the Marin County Hazardous and Solid Waste Management JPA Single -Use Carryout Bag Reduction Ordinance Final EIR (EIR Addendum) was prepared; and 1-2 WHEREAS, on February 18, 2014, the San Rafael City Council held a duly -noticed public hearing on the Final EIR and EIR Addendum, accepting all oral and written public testimony and the written report of the City Manager's Office staff; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the City Clerk's Office. NOW, THEREFORE, BE IT RESOLVED, as a Co -Lead Agency, the City Council of the City of San Rafael hereby certifies the Marin County Hazardous and Solid Waste Management JPA Single -Use Carryout Bag Ordinance Final Environmental Impact Report (Final EIR) based on the following findings: The Final EIR has been completed in compliance with the CEQA Guidelines and the City of San Rafael Environmental Review Procedures following the appropriate format, content, technical analysis of potential impact areas, and assessment of project alternatives. Further, the prescribed public review periods and duly -noticed public hearings were held for the initial Notice of Preparation (NOP); the Notice of Completion (NOC) for public review of the Draft EIR; and the Notice of Availability following publication of the Final EIR. 2. The Final EIR has been prepared using the City's independent judgment and analysis finding that it: a. appropriately analyzes and presents conclusions on impacts; b. analyzes a reasonable range of alternatives to the project that could feasibly attain most of the basic objectives of the project while avoiding or substantially lessening any significant effect of the project; and c. concludes that all potentially significant impacts have been determined to be less -than - significant, dismissed as having no impact or beneficial. Therefore, the Final EIR does not include nor does it recommend any mitigation measures to substantially lessen or avoid the otherwise significant adverse environmental impacts of the project. The findings and recommendations in the document are supported by technical studies prepared by professionals experienced in the specific areas of study. 3. The information contained in the Final EIR is current, correct and complete for document certification. The Final EIR presents factual, quantitative and qualitative data and studies, which find and support the conclusion that the proposed ordinance will not result in any significant environmental impacts that necessitate mitigation. BE IT FURTHER RESOLVED that the City Council of the City of San Rafael adopts the Addendum to the Marin County Hazardous and Solid Waste Management JPA Single -Use Carryout Bag Reduction Ordinance Final EIR (EIR Addendum) presented in attached Exhibit A, based on the following findings: CEQA Section 21166 and its corresponding CEQA Guidelines Sections 15162 and 15163, provide that once an EIR has been prepared, no subsequent or supplemental EIR shall be required by the lead agency unless: (a) substantial changes are proposed in the project, requiring major revisions in the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) substantial changes arise in the circumstances of the project's undertaking, requiring major revisions in the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (c) new information, which was not known and could not have been known at the time the EIR A as certified, shows any of the following: 1-3 ➢ The project will have one or more significant effects not discussed in the previous EIR; ➢ Significant effects previously examined will be substantially more severe than shown in the previous EIR; ➢ Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or ➢ Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline the mitigation measure or alternative. 2. CEQA Guidelines Section 15164(a) provides that a lead agency shall prepare an Addendum to a certified Final EIR if some changes or additions to the certified EIR are necessary but none of the conditions calling for the preparation of a supplemental EIR have occurred. Based on the analysis and documentation presented in the EIR Addendum, none of the situations described in CEQA Section 21166 and CEQA Guidelines Sections 15162 and 15163 apply here. Based on the results of the supportive documentation in the EIR Addendum, the City has concluded that the proposed ordinance would not result in significant changes to the findings presented in the certified Final EIR or significant new information. 3. The EIR Addendum has been prepared in accordance with CEQA, the CEQA Guidelines, and the provisions of the City of San Rafael Environmental Assessment Procedures Manual. 4. The EIR Addendum has been presented to the City Council who has reviewed and considered the information in the EIR Addendum and the JPA -certified Final EIR prior to taking action on the proposed ordinance. 5. The EIR Addendum considered with the information presented in the Final EIR reflects the City Council's independent judgment and analysis. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the forgoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held Tuesday, the 18th of February, 2014, by the following vote, to wit: AYES: COUNCIL MEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None EXHIBIT A: EIR Addendum 1-4 hs e - Rla- c& -e . ESTHER C. BEIRNE, City Clerk Exhibit A City of San Rafael Single Use Carryout Bag Reduction Ordinance January 2014 E n v i t 0 n m e n t a I S c i e n I i s t s P I a n n e r s E n g i n e e r s Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum San Rafael Single Use Carryout Bag Reduction Ordinance Addendum to the Final EIR TABLE OF CONTENTS P Introduction.......................................................................................................................1 ProjectDescription............................................................................................................2 Environmental Impacts ................................ AirQuality ............................................ Biological Resources ............................ Greenhouse Gas Emissions ................ Hydrology and Water Quality .......... Utilities and Service Systems .............. Conclusion.......................................... References........................................... Report Preparers ................................ r ........................................................4 ........................................................4 ........................................................6 ........................................................6 ........................................................7 ........................................................8 ....................................................10 ....................................................1.1 ....................................................13 City of San Rafael Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum This page intentionally left blank. City of San Rafael ii I: *:c "-- II U, Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum INTRODUCTION This document is an addendum to the Marin County Hazardous and Solid Waste Management Joint Powers Authority (JPA) Single Use Carryout Bag Reduction Final Environmental Impact Report (FEIR). On January 16, 2014, the JPA adopted Resolution No. 2014-01 certifying the FEIR (SCH # 2013062049). The JPA represents 10 Marin County municipalities that have a common interest in adopting a local ordinance regulating the use of single -use bags. For this reason, the FEIR defines and covers a "Study Area' encompassing all cities, towns and the unincorporated areas of Marin County. The FEIR analyzes the environmental impacts of the project, which is a draft "model ordinance" that is scoped to: a) regulate the use of single -use plastic and recyclable paper carryout bags for larger retail stores; and b) require retail establishments to charge customers $0.05 for each recycled carryout paper bags. The "model ordinance" is intended to be used as a template for those Marin County municipalities that will pursue a drafting and adoption of a local ordinance regulating single -use carryout bags. Consistent with the provisions of the CEQA Guidelines, the FEIR includes an assessment of seven alternatives to the "model ordinance" project (FEIR Alternatives 1 through 4). As one of the 10 participating municipalities in Marin County, the City of San Rafael has reviewed the model ordinance and FEIR and has determined to propose adoption of an ordinance ("proposed ordinance") to regulate single -use bags that is largely consistent with FEIR Alternative 4. Alternative 4 is similar in scope to the model ordinance but would establish a mandatory charge of $0.10 per recyclable paper bags. In addition, the proposed ordinance would be applicable to special events such as the farmer's markets. The addendum is required to address the possible environmental effects associated with adoption and enforcement of the proposed ordinance by San Rafael. In accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to a previously certified FEIR is the appropriate environmental document in instances when "only minor technical changes or additions are necessary" and when the new information does not involve new significant environmental effects beyond those identified in an adopted FEIR. The changes being contemplated involve adopting the proposed ordinance, which is slightly different than the model ordinance assessed as the project in the FEIR. The differences are discussed below in the project description. The proposed ordinance would result in no new significant environmental effects beyond those identified and assessed in the FEIR. Since the proposed oordinance does not require substantial changes to the those analyzed in Alternative 4 of the FEIR, major revisions of the EIR analysis are not warranted. As such, a subsequent EIR pursuant to Section 15162 of the CEQA Guidelines would not be warranted and an addendum is the appropriate environmental document under CEQA. This addendum includes a description of the currently proposed ordinance and a comparison of the impacts of this ordinance to those identified for FEIR Alternative 4. City of San Rafael 1 EXHIBIT A Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum PROJECT DESCRIPTION The proposed San Rafael Single Use Carryout Bag Reduction Ordinance (referred to herein as "proposed ordinance") would ban the issuance of single use plastic carryout bags to customers at the point of sale and would charge a minimum of ten cents ($0.10) for a recyclable paper carryout bag or a reusable bag. The proposed ordinance would apply to retail establishments, including, but not limited to, drug stores, pharmacies, supermarkets, grocery stores, convenience food stores, food marts, or other similar retail stores or entities engaged in the retail sale of grocery items. The proposed ordinance would not apply to some retailers who distribute single use plastic carryout bags including restaurants and other non -grocery related retailers such as clothing or hardware stores. As discussed above, the proposed ordinance is similar to FEIR Alternative 4. As stated in the FEIR, Alternative 4, like the model ordinance, which proposes a $0.05 fee for recyclable paper carryout bags (the Draft Model Ordinance), would continue to prohibit Study Area retail establishments from providing single use plastic carryout bags to customers at the point of sale, but would increase the mandatory charge for a recyclable paper carryout bag from $0.05 to $0.10. Like Alternative 4, the proposed ordinance would have a mandatory charge of $0.10 for recyclable paper carryout bags and reusable bags. However, the City's Proposed Ordinance would also include minor revisions that are specific to San Rafael. The differences between the proposed ordinance and FEIR Alternative 4 are as follows: • Under FEIR Alternative 4, only "stores," as defined, would be regulated. Under the proposed ordinance, stores and vendors at "public events" which, as defined, include farmers' markets, parades, craft fairs, festivals, concerts, performances or other exhibitions would also be regulated. • Under FEIR Alternative 4, the effective date of the ordinance is not defined. In the City's proposed ordinance, the operative date is defined as being on or after September 15, 2014. • Under FEIR Alternative 4, stores may provide reusable bags to customers at no cost only when combined with a time-limited store promotional program and those events that do not exceed a total of 60 days within any consecutive 12 -month period. For the City's proposed ordinance, such events are not to exceed a total of 30 days within any consecutive 12 -month period. • Under FEIR Alternative 4, the appropriate enforcement official is not defined. For the City's proposed ordinance, the authority to enforce the ordinance is held with the Citi Manager or such code enforcement officials as may be designated by the City Manager. • For the City's proposed ordinance there is a provision for store self -enforcement via written or online registration, which is not included under FEIR Alternative 4. The above -listed differences between the City's proposed ordinance and FEIR Alternative 4 are minor and insignificant changes and revisions that would result in minimal/ negligible changes to bag use (less than 0.25% of total existing single use plastic bag use related to vendors at City of San Rafael 2 EXHIBIT A Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum public events) and, therefore, would not significantly alter any of the bag use assumptions in the certified FEIR. Consistent with the analysis for FEIR Alternative 4, with a ban on single use plastic carryout bags and a minimum charge of 10 cents for recyclable paper bags, it is assumed for the City's proposed ordinance that 65% of single use plastic bag use would be switched to reusable bags and 30% would switch to recyclable paper bags.' An estimated 30,894,642 single use plastic bags are currently used annually in the City of San Rafael. As shown in Table 1 below, with the City's proposed ordinance, total bag use would be reduced to approximately 11,199,308 carryout bags per year in San Rafael. This bag use was considered in the FEIR analysis for Alternative 4, which analyzed bag use in the 10, participating Marin municipalities including San Rafael. Thus, even with the minor changes to the text of the Ordinance, the total bag use that would result from the City's proposed ordinance would be similar as that analyzed in the FEIR. Table 1 Existing and Proposed Bag Use Under A $0.10 Recyclable Paper and Reusable Carryout Bag Fee ' Rates utilized in the County of San Mateo Final EIR, SCH #2012042013, and City of San Jose Final EIR, SCH # 2009102095, October 2010. The City's objectives for the proposed ordinance would be the same as FEIR project objectives for the draft "model ordinance' analyzed in the FEIR. The project objectives include: • 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 • Reducing litter and the associated adverse impacts to stormwater systems, aesthetics and marine and b rrestrial eni)ironmcnts Assumption from Table B-2, Herrera Fiscal Analysis, 2010 and City of San Jose Single -Use Carryout Bag Ordinance FEIR (SCH # 2009102095). City of San Rafael 3 Proposed Plastic Proposed Paper Proposed Area Existing Bags: 5% Bags: 30% Reusable Bags: Proposed Total Plastic Bags Remain (exempt Switch to 65% Switch to Carryout Bags retailers) Paper' Reusable' JPA EIR Study Area 95,226,354 4,761,318 28,567,906 1,190,329 34,519,553 (Alternative 4) San Rafael 30,894,642 1,544,732 9,268,393 386,183 11,199,308 ' Rates utilized in the County of San Mateo Final EIR, SCH #2012042013, and City of San Jose Final EIR, SCH # 2009102095, October 2010. The City's objectives for the proposed ordinance would be the same as FEIR project objectives for the draft "model ordinance' analyzed in the FEIR. The project objectives include: • 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 • Reducing litter and the associated adverse impacts to stormwater systems, aesthetics and marine and b rrestrial eni)ironmcnts Assumption from Table B-2, Herrera Fiscal Analysis, 2010 and City of San Jose Single -Use Carryout Bag Ordinance FEIR (SCH # 2009102095). City of San Rafael 3 EXHIBIT A Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum ENVIRONMENTAL IMPACTS This section addresses each of the environmental issues studied in the FEIR, comparing the effects of the City's proposed ordinance with the effects of FEIR Alternative 4 analyzed in Section 6.0, Alternatives, of the certified FEIR. In addition to stating the JPA's finding for each impact statement, the analysis includes a discussion of the City's impacts related to adopting its own ordinance, as well as the impacts associated with implementation of such an ordinance citywide. The City's proposed ordinance would not change any of the impacts identified as less -than - significant in the JPA -prepared Initial Study (Appendix A of the JPA's Draft EIR). Each of those impacts would remain less -than -significant for the City's proposed ordinance. As such, further discussion of these issues in this addendum is not warranted. Nevertheless, the certified FEIR including the Initial Study in DEIR Appendix A and all other Appendices is incorporated by reference. Air Quality The City's proposed ordinance would have impacts related to Air Quality similar to those of the previously studied FEIR Alternative 4. The City's existing and proposed bag use was considered in the FEIR analysis, which analyzed bag use throughout the Study Area. Therefore, all of the carryout bags that would be subject to the City's proposed ordinance have already been analyzed for air quality impacts as part of the FEIR Alternatives analysis (for Alternative 4) and, as shown below, impacts would be no greater than what was already determined in the FEIR (see Section 6.4, in Section 6.0, Alternatives). As is the case with the FEIR analysis, the City's proposed ordinance does not involve any construction activities; therefore, there would be no regional or localized construction impacts, and consideration of construction air quality impacts is not relevant. Thus, this analysis focuses on operational impacts. As studied in the FEIR, operational impacts include emissions associated with bag manufacturing, transportation, and use as well as emissions resulting from increased delivery trips. Emissions from Manufacture, Transportation and Use As described in Section 6.4.2 (a) (see page 6-19) of the FEIR, under Alternative 4, if all participating municipalities were to adopt such an ordinance, it would be expected to result in an overall decrease in ozone and atmospheric acidification (AA) emissions. Table 2 shows the estimated daily emission changes that would result if all the participating municipalities in the JPA Study Area (including San Rafael) were to implement a plastic bag ban ordinance similar to FEIR Alternative 4. The emissions related to converting from single use plastic bags to recyclable paper and reusable bags as a result of the City's proposed ordinance are also shown in Table 2. As shown, ozone and atmospheric acidification emissions would decrease in San Rafael. Therefore, similar to the determination presented in the FEIR for Alternative 4, air quality impacts from the manufacturing, transportation and use of carryout would be beneficial compared to existing conditions. City of San Rafael 4 EXHIBIT A Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum Table 2 Estimated Emission Changes Due to All Participating Municipalities in JPA Study Area Adopting an Ordinance and the City's Ordinance Emission Source Ozone Emissions per year(kg) AA Emissions per year (kg) JPA Study Area (All PM2.5 PM10 participating municipalities (-1,186) (-41,455) adopt Alternative 4) <0.01 City of San Rafael Ordinance City of San Rafael Ordinance (-385) (-11,467) () denotes decrease in emissions compared to existing conditions Source: JPA Final EIR, Table 6-12 and Appendix D Emissions Resulting From Increased Delivery Trips Similar to the FEIR analysis for Alternative 4, the City's proposed ordinance would be expected to cause a potential increase in delivery truck trips required to transport paper and reusable carryout bags to affected stores. As stated in the FEIR, Alternative 4 would result in an overall increase of approximately 0.27 truck trips per day in the Study Area. Using the FEIR methodology to determine truck trips, the City of San Rafael's contribution to this increase would be approximately 0.13 truck trips per day? As shown in Table 3, similar to the County of Marin single -use carryout bag ordinance, the increase of truck trips in the City would not result in any thresholds of significance set by the Bay Area Air Quality Management District (BAAQMD) to be exceeded. Consistent with the Marin County's adopted ordinance, impacts related to mobile emissions from the City's proposed ordinance would be less -than -significant. Table 3 Estimated Daily Emissions From Increased Truck Trips Emission Source Emissions (lbs/day) ROG NO. PM2.5 PM10 JPA Study Area <0.01 0.03 <0.01 <0.01 City of San Rafael Ordinance <0.01 0.02 <0.01 <0.01 BAAQMD Threshold 54 54 82 54 Significant Impact? No No No No County Ordinance Significant Impact? No No No No Source: JPA Final EIR, Table 6-13; and, URBEMIS output (see Appendix A). 2 Existing bag use in San Rafael estimated to be 30,894,642 plastic bags per year. Assuming that 30% of existing plastic bag use would switch to paper (9,268,393 paper bags), 65% would switch to reusable bags (386,183 reusable bags assuming 52 uses a year) and 5% would remain (1,544,732 plastic bags) to account for exempt retailers. Assuming 2,080,000 plastic bags per truck load, 217,665 paper bags per truck load, and 108,862 reusable bags per truck load. City of San Rafael 5 EXHIBIT A Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum Biological Resources As with the model ordinance analyzed in the certified FEIR, the City's proposed ordinance would result in a reduction in the use and disposal of plastic carryout bags and an increase in the use and disposal of recycled paper and reusable bags. As such, the City's proposed ordinance would incrementally reduce the amount of single -use plastic bag litter that could enter the marine environment and affect sensitive species. The City's proposed rdinance would also be anticipated to increase consumer use of recycled paper and reusable carryout bags, which, as discussed in the FEIR, have not been widely noted to have adverse impacts upon biological resources. Although reusable bags may become a part of the waste stream, because they can be reused multiple times and are heavier than plastic carryout bags, the number of reusable bags that would likely end up as litter which could impact biological resources would be lower than the number of plastic or paper carryout bags. In addition, because paper bags are not as resistant to biodegradation, paper bags do not persist in the marine environment for as long as plastic bags. For the reasons stated above, consistent with the findings of the certified FEIR, the City's proposed ordinance would result in no significant adverse impacts to biological resources. Greenhouse Gas Emissions Carryout bags have the potential to contribute to the generation of greenhouse gas emissions (GHGs) either through emissions associated with manufacturing process of carryout bags, truck trips delivering carryout bags to retailers or through disposal during landfill degradation. For this analysis, the City's proposed ordinance is evaluated based on the project -level threshold of 4.6 metric tons CO2E per service population per year (BAAQMD, June 2010). Based on existing population and employment data provided by the California Department of Finance (2013), the existing population in San Rafael is approximately 58,182. Manufacturing, Transportation, and Disposal As discussed in the JPA's EIR, the manufacture, transport, and disposal of a recyclable paper bag generates 2.97 times more GHG emissions than the manufacture, transport, and disposal of a single -use plastic bag. If only used once, the manufacture, use, and disposal of a reusable cotton carryout bag results in 131 times the GHG emissions of a single -use plastic bag. However, reusable carryout bags are intended to be used multiple times. With reuse of carryout bags, the total carryout bags that would be manufactured, transported and disposed of would be reduced. As stated in the FEIR, if every municipality within the JPA adopted FEIR Alternative 4, it would contribute indirectly to an expected overall increase of approximately 7,897 metric tons of CO2E emissions per year, or 0.044 metric tons CO2E per person (shown in Table 4). Thus, the FEIR determined that Alternative 4 would not exceed BAAQMD thresholds and therefore impacts related to the manufacturing of paper bags would be less -than -significant. Similarly, for the City's proposed ordinance, the conversion of plastic to paper and reusable bags would increase GHG emissions in the City by approximately 2,562 metric tons per year or 0.044 metric tons per City of San Rafael 6 EXHIBIT A Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum person as shown in Table 4. As such, consistent with the findings of the JPA's Final EIR, the City's proposed ordinance would have a less -than -significant impact related to GHG emissions. Table 4 Estimated GHG Emissions Emission Source CO2e Emissions Metric Tons per Year (metric tons/year)' per Capita JPA EIR 7,897 0.044 City of San Rafael 2,562 0.044 Ordinance ' Represents a net change in GHG emissions compared to existing plastic bag use Source: San Mateo County Draft Program EIR, August 2012 Consistency with Applicable GHG Plans and Policies As was determined in the analysis of the model ordinance in the FEIR, the City's proposed ordinance would be consistent with the CAT strategies and measures suggested in the Attorney General's Greenhouse Gas Reduction Report, as presented in Tables 4.3-3 and 4.3-4 of the FEIR. In addition, as stated in Section 4.3, Greenhouse Gases of the FEIR, San Rafael's Climate Action Plan (CLAP) has several measures to reduce material consumption and increase resource re- use. Program LF17 calls for investigating "options for banning non -recyclable single use items, such as plastic bags and polystyrene takeout food containers." In addition, the San Rafael General Plan 2020 Sustainability Element includes Policy SU -9h "Non -Recyclable Single Use Items," which suggests the City should "Investigate options for banning non -recyclable single - use items, such as plastic bags and polystyrene takeout food containers". The City's proposed ordinance is specifically aimed at reducing the number of single use plastic carryout bags and would be consistent with Program LF17, with San Rafael's CCAP and the General Plan 2020 Sustainability Element. Therefore, the City's proposed ordinance would be consistent with the objectives of AB 32, SB 97, and SB 375. Impacts would be less -than -significant. Hydrology and Water Quality Hydrology and water quality impacts would be similar to those identified for the model ordinance in the FEIR. The following discusses the impacts related to drainage and surface water quality that would result from implementation of the City's proposed ordinance. Drainage As was determined in the analysis of the model ordinance in the FEIR, the City's proposed oordinance would not require construction of new structures or additional storm water infrastructure. Consequently, the capacity of existing storm water drainage would remain unchanged and redirecting storm water flows would be unnecessary. Single -use plastic bags that become litter may enter storm drains from surface water runoff or may be blown directly into local waterways by the wind. By banning plastic carryout bags within the City, the proposed ordinance would improve the existing drainage capacity by removing a significant source of trash that can clog features of the system and reduce its capacity. Therefore, consistent City of San Rafael 7 EXHIBIT A Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum with the findings presented in the FEIR for the model ordinance, the proposed ordinance would not result in significant adverse impacts to hydrology and water quality related to drainage. Surface Water Quality As noted in the FEIR, the manufacturing processes for single -use plastic, single -use paper, and reusable bags utilize various chemicals and materials. The City's proposed ordinance would reduce plastic bag use by 95% and increase the use of recycled paper and reusable bags. With implementation of the City's ordinance, approximately 11.2 million single -use bags (including recyclable paper, single -use plastic and reusable bags) would be manufactured for use in the City—a decrease of approximately 64% compared to existing conditions. Consequently, the City's proposed ordinance would reduce the overall impacts to water quality associated with bag manufacturing. Furthermore, manufacturing facilities would be required to adhere to existing federal, state and local regulations. Therefore, impacts to water quality related to the potential change of processing activities as a result of the City's proposed ordinance would be less -than -significant, which is the same finding presented in the FEIR. Utilities and Service Systems Potential impacts to utilities and service systems resulting from the City's proposed ordinance would be similar to impacts determined for the model ordinance in the FEIR. The following summarizes the impacts related to wastewater collection and treatment, water supply, and solid waste for the City's proposed ordinance compared to the findings for the model ordinance contained in the FEIR. Water Supply Carryout bags would indirectly result in water use through the manufacturing process of carryout bags. As discussed in the FEIR, the conversion from plastic bags to paper carryout bags and reusable carryout bags would result in an increase of water use from the manufacturing process of paper and reusable bags. Manufacturing facilities of carryout bags are not known to be located within Marin County or in the City of San Rafael. Therefore, manufacturing facilities would not utilize the water supplies of the County or of the City of San Rafael. In addition to water use from manufacturing carryout bags, the City's proposed ordinance may result in increased water use as reusable bags would be washed. The FEIR determined that under Alternative 4, the water demand from washing reusable bags would increase by 92.29 acre-feet per year (AFY) compared to existing conditions. The City's contribution to this countywide increase resulting from the proposed ordinance would be 29.94 AFY. Total existing water use in Marin County is estimated to be 40,610 AFY on average. The increase of water demand would represent approximately 0.002% of the total water supplied to the County. This increase would result in less -than -significant impacts. As noted above, there is no known manufacturing and production of paper carryout bags in the Study Area (or in the City of San Rafael). Therefore, any increase in water supply necessary for paper carryout bag manufacturing would not impact suppliers in Marin County. Further, the impacts resulting City of San Rafael 8 EXHIBIT A Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum from the implementation of the proposed ordinance would be consistent with FEIR, which finds that there would be no anticipated need for new or expanded water entitlements. Consistent with the FEIR analysis for Alternative 4, impacts would be less -than -significant. Wastewater Generation As discussed in the FEIR, no manufacturing facilities for recyclable paper or reusable carryout bags are located within the Study Area. Therefore, any increase in wastewater generation due to recyclable paper or reusable carryout bag manufacturing would not affect wastewater treatment providers in the Study Area. Nevertheless, the FEIR assumes that 100% of the water used to wash reusable bags would become wastewater, which would result in an expected increase in wastewater of approximately 92.29 AFY per year (30,071,480 gallons) or approximately 82,388 gallons per day. The City's portion of this wastewater that would result from the implementation of the proposed ordinance would be approximately 29.94 AFY per year (9,756,203 gallons) or approximately 26,729 gallons per day. The Central Marin Sanitation Agency, which serves San Rafael, has a remaining capacity of 4.2 million gallons per day (MGD) and therefore has capacity to treat the increase in wastewater (26,729 gallons per day) from the City's proposed ordinance. The City's proposed ordinance would not change the conclusions regarding wastewater generation since the estimated increase of wastewater and impacts related to wastewater generation for the City's proposed ordinance would be less -than - significant. Solid Waste As described in the FEIR, based on the Ecobilan LCA data, adoption and implementation of FEIR Alternative 4 would increase solid waste by 0.12 tons per day. Of this, approximately 0.04 tons per day would be attributable to the City of San Rafael. Table 5 also shows solid waste estimates calculated using the Boustead data. The FEIR determined that the model ordinance would result in an increase of approximately 1.06 tons of solid waste per day. Of this total countywide, approximately 0.34 tons per day would be directly related to implementation of the City's proposed ordinance. As stated in the FEIR, the permitted daily maximum throughput of the Redwood Landfill and Recycling Center, which serves the City of San Rafael, is 1,390 tons per day. For the City's proposed ordinance, using the worst case scenario (the Boustead data) the potential increase of 0.34 tons of solid waste per day would represent approximately 0.00024% of the daily capacity of the landfill. Thus, the existing waste disposal facilities in the City could accommodate any indirect increases in solid waste related to the City's proposed Ordinance. Similar to the findings in the FEIR, impacts related to solid waste would be less - than -significant. City of San Rafael 9 EXHIBIT A Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum Table 5 Solid Waste Generation Due to Plastic and Paper Carryout Bags Solid Waste Sources Solid Waste Generation (tons per day) Ecobilan Boustead San Mateo County Ordinance 0.12 1.06 City of San Rafael Ordinance 0.04 0.34 Sources: JPA Final E/R, Section 6.0, Alternatives, and, Utilities Calculations (see Appendix E). Conclusion As discussed above, impacts from the City's proposed ordinance related to air quality, biological resources, greenhouse gases, hydrology and water quality, and utilities and service systems were determined to have similar impacts as FEIR Alternative 4. All of these issues were determined to result in either less -than -significant impacts or beneficial impacts. Based on the City's determination that none of the impacts of the proposed ordinance would be significant, no new significant environmental effects beyond those already analyzed in the FEIR would occur. City of San Rafael 10 EXHIBIT A Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum LIST OF REFERENCES Bay Area Air Quality Management District. June 2010, Updated May 2011. CEQA Air Quality Guidelines. Retrieved From: http: / / www.baagmd. gov/ -/media/ Files/ Planning %20and % 2OResearch/ CEQA/ BAAQM D%20CEQA %20Guidelines_December%202010.ashx. Bay Area Air Quality Management District. Adopted September 2010. Bay Area 2010 Clean Air Plan. Boustead Consulting and Associates Ltd. 2007. Life Cycle Assessment for Three Types of Grocery Bags - Recyclable Plastic, Compostable, Biodegradable Plastic; and Recycled, Recyclable Paper. Prepared for the Progressive Bag Alliance. California Air Pollution Control Officers Association. 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City of San Rafael 12 Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum Ecobilan. February 2004. Environmental Impact Assessment of Carrefour Bags: An Analysis of the Life Cycle of Shopping Bags of Plastic, Paper, and Biodegradable Material. Prepared for: Carrefour Group. Neuilly-sur-Seine, France. Environment Agency - United Kingdom government. "Life Cycle Assessment of Supermarket Carrier Bags". February 2011. Available online at: http://www.biodeg.or /fg iles/uploaded/Carrier Bags Report EA.pdf Environmental Paper Network. 2007. "The State of the Paper Industry: Monitoring the Indicators of Environmental Performance." ExcelPlas Australia. 2004. "The Impacts of Degradable Plastic Bags in Australia." Centre for Design at RMIT, and NOLAN-ITU. Fund for Research into Industrial Development, Growth and Equity (FRIDGE). 2002. Socio - Economic Impact of the Proposed Plastic Bag Regulations. Green Cities California. March 2010. Master Environmental Assessment on Single -use and Reusable Bags. Prepared by ICF International. Herrera et al. 2008. "Alternatives to Disposable Shopping Bags and Food Service Items. Volume I and II. Prepared for Seattle Public Utilities. January 2008. Herrera Environmental Consultants. June 2010. City of San Jose Single -Use Carryout Bag Fee Fiscal Analysis - Final Report. Hyder Consulting. 2007. Comparison of existing life cycle analyses of plastic bag alternatives. Marin County Hazardous and Solid Waste Management JPA. "Final EIR - Single Use Carryout Bag Reduction Ordinance." SCH #2013062049. Certified January 2014.. State Water Resources Control Board. 2012. Website: Preproduction Plastic Debris Program. Retrieved From: http:/ /www.waterboards.ca.gov/water_issues/programs/ stormwater/plasticdebris.shtm URBEMIS Model, Version 9.2.2.2007. REPORT PREPARERS Rincon Consultants, Inc. Joe Power, AICD CEP, Principal Matt Maddox, AICP, MESM, Senior Program Manager Abe Leider, AICP CEP, Senior Planner Ryan Gardner, MESM, Sustainability Associate City of San Rafael 13 EXHIBIT A Single Use Carryout Bag Reduction Ordinance Environmental Impact Report Addendum Karly Kaufman, MESM, Environmental Planner Katie Stanulis, Production Coordinator rCity of San Rafael 14 RESOLUTION NO. 13683 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING CEQA FINDINGS OF FACT SUPPORTING THE ADOPTION OF A SINGLE -USE CARRYOUT BAG REDUCTION ORDINANCE The City Council of the City of San Rafael finds and determines that: WHEREAS, in 2009, the City of San Rafael adopted the City of San Rafael Climate Change Action Plan (CCAP), which includes a number of programs and recommended measures to promote sustainability. Among the CCAP programs is LF17, which recommends that the City "investigate options for banning non -recyclable single -use items such as plastic bags and polystyrene takeout food containers;" and WHEREAS, in 2012, the City Council directed staff to proceed with drafting an ordinance that would regulate, citywide, the use and type of single -use carryout bags. During this time, other cities and towns in Marin County expressed an interest in adopting similar ordinances. Collectively, the cities and towns worked with Marin County Hazardous and Solid Waste Management to form a Joint Powers Authority (JPA). The purpose of the JPA is to serve as a lead in: a) developing a "model ordinance" that could be considered for adoption by all participating cities and towns; and b) administering the environmental review of the model ordinance, as required by the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, in 2013, JPA prepared a draft Model Single Use Carryout Bag Reduction Ordinance (model ordinance) that participating JPA member agencies within Marin County (including the City of San Rafael) can consider for adoption; and WHEREAS, acting as a "Co -Lead Agency," the JPA was assigned the role of administering the CEQA process through Final EIR completion for the member municipalities. The JPA prepared a Notice of Preparation (NOP) of an EIR for the draft model ordinance, which was published on June 21, 2013, initiating a 30 -day review period. On July 9, 2013, the JPA conducted a public scoping meeting. Four comment letters were received in response to the NOP; and WHEREAS, on November 1, 2013, the Single Use Carryout Bag Reduction Ordinance Draft EIR was completed and published for public review (SCH # 2013062049). Commencing on November 1, 2013, a 45 -day public review period was observed, ending on December 15, 2013. The Draft EIR concluded that: a) for each environmental issue area studied, impacts would either be less -than -significant or beneficial; b) the draft model ordinance would not result in any significant, unavoidable impacts, or any significant impacts that require mitigation. Further, as required by the CEQA Guidelines, the Draft EIR must analyze alternatives to the project (model ordinance) and identify an environmentally superior alternative to the project. Seven alternatives were assessed in the Draft EIR, which are variations of the model ordinance. The analysis of alternatives is presented in Section 6.0 of the Draft EIR, which concluded that Alternative 4 (Mandatory Charge of $0.10 for Recyclable Paper Carryout Bags) would be environmentally superior compared to the draft model ordinance; and WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and CEQA Guidelines Sections 15088 and 15089, the JPA responded to all the environmental comments that were submitted on the Draft EIR during the public review period, including a written comment by 2-1 the City of San Rafael summarizing the comments received at the December 2, 2013 City Council hearing. A Final EIR was prepared and published; and WHEREAS, on January 16, 2014, the JPA Board of Directors held a duly -noticed public hearing on the Final EIR, accepting all oral and written public testimony and the written report of the JPA staff. Following closure of the public hearing and deliberation, the Board of Directors, on an 11-0 vote, adopted Resolution No. 2014-01 certifying the Single Use Bag Reduction Ordinance Final EIR. This certification was based on and supported by findings, which are incorporated herein by reference, and reaffirmed below; and WHEREAS, following the certification of the Final EIR by the JPA Board of Directors, the City of San Rafael 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 base for adoption of a citywide ordinance (proposed ordinance), which include several minor changes and additions. The proposed ordinance presents the following minor changes and additions to EIR Alternative 4: • Under EIR Alternative 4, only "stores" as defined would be subject to the Ordinance. Under the City's Ordinance, stores and vendors at "public events" which, as defined, include farmers' markets, parades, craft fairs, festivals, concerts, performances or other exhibitions would also be subject to the Ordinance. • Under FEIR Alternative 4, the effective date of the ordinance is not defined. In the City's proposed ordinance, the operative date is defined as being on or after September 15, 2014. • Under EIR Alternative 4, stores may provide reusable bags to customers at no cost only when combined with a time-limited store promotional program and those events were not exceed a total of 60 days within any consecutive 12 -month period. For the City's Proposed Ordinance, such events are not to exceed a total of 30 days within any consecutive 12 -month period. • Under EIR Alternative 4, the appropriate enforcement official was not defined. For the City's Proposed Ordinance, enforcement of the Ordinance is defined as the City Manager or such code enforcement officials as may be designated by the City Manager. • For the City's proposed ordinance there is a provision for store self - enforcement via written or online registration, which is not included under FEIR Alternative 4; and WHEREAS, the Final EIR was reviewed to determine if it adequately assesses the environmental impacts of the proposed ordinance. Based on this review, it was determined that 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. Consistent with the requirements of the CEQA Guidelines Section 15164 an Addendum to the EIR for the Single Use Carryout Bag Reduction Ordinance (Rincon Consultants, January 2014) was prepared and published by the City of San Rafael, and the Addendum determined that the proposed ordinance, which is similar to Alternative 4: Mandatory Charge of $0.10 for Recyclable Paper Carryout Bags studied in the JPA's EIR but with minor changes would have no new significant environmental effects beyond those identified in the JPA's Certified EIR; and WHEREAS, the Cit} Council has certified the Final EIR and adopted the EIR Addendum by separate resolution. The certification of the Final EIR and consideration of the 2-2 EIR Addendum was based on and supported by findings, which are incorporated herein by reference; WHEREAS, on February 18, 2014, the San Rafael City Council held a duly -noticed public hearing on the proposed ordinance, accepting all oral and written public testimony and the written report of the City Manager's Office; WHEREAS, the custodian of documents which constitute the record or proceedings upon which this decision is based, is the City Clerk's Office. NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council hereby approves the following CEQA Findings of Fact to support the adoption of a Single Use Carryout Bag Reduction Ordinance: FINDINGS OF FACT SECTION 1. Final EIR and Addendum. As part of this action and as determined by adoption of a separate resolution, the City Council finds that: a) the Final EIR and EIR Addendum have been prepared in accordance with the CEQA Guidelines and the City of San Rafael Environmental Assessment Procedures Manual; and b) the Final EIR and EIR Addendum adequately assess the environmental effects of the proposed ordinance. SECTION 2. Record of Proceedings. The following information is incorporated by reference and made part of the record supporting these findings: • The Notice of Preparation ("NOP") and all other public notices issued by the JPA in conjunction with the Project; • The Marin County Hazardous and Solid Waste Management JPA Single Use Carryout Bag Reduction Ordinance Draft EIR (October 2013) and Final EIR (January 2014), and all documents cited or referred to therein; • The Marin County Hazardous and Solid Waste Management JPA Single Use Carryout Bag Reduction Ordinance Addendum to the Final EIR (January 2014); • All comments submitted by agencies or members of the public during the 45 - day public comment period for the Draft EIR; • All comments and correspondence submitted to the JPA and City of San Rafael with respect to the Project, in addition to timely comments on the Draft EIR; • All findings and resolutions adopted by JPA decision makers and the San Rafael City Council in connection with the project, and all documents cited or referred to therein; • All reports, studies, memoranda, staff reports, maps, exhibits, illustrations, diagrams or other planning materials relating to the Project prepared by the JPA, City of San Rafael or by consultants to the JPA/City, the applicant, or responsible or trustee agencies, with respect to the City's compliance with the requirements of CEQA and with respect to the City's actions on the Project; • All documents submitted to the City by other public agencies or members of the public in connection with the project, up through the close of the public hearing on Februan 18. 2014; • Minutes, as mailable, of all public meetings and public hearings held by the JPA and the City in connection with the Project; 2-3 • Any documentary or other evidence submitted to the JPA and City at public meetings and public hearings; • Matters of common knowledge to the JPA and City, including, but not limited to, those cited above; and • Any other materials required to be in the Record of Proceedings by Public Resources Code Section 21167.6, subdivision (e). Consistent with Section 21081.6(d) of the California Environmental Quality Act, the documents which constitute the record of proceedings for approving this project are located in and may be obtained from the San Rafael City Clerk's Office. The City Clerk is the custodian of records for all matters before the City Council. The City Council has relied on all of the documents listed above in reaching its decision on the Project. SECTION 3. Impacts Determined to be Less -Than -Significant and Not Individually Analyzed. Consistent with Section 15128 of the State CEQA Guidelines, the Initial Study/Notice of Preparation as contained in the Appendix A in the Final EIR, incorporated herein by reference, determined that the following environmental impacts were not considered potentially significant and were not addressed further in the Final EIR: Aesthetics, Agricultural and Forestry Resources, Cultural Resources, Geology/Soil, Hazards and Hazardous Materials, Land Use/Planning, Mineral Resources, Noise, Population/Housing, Public Services, Recreation, and Transportation/Traffic. SECTION 4. Impacts Determined to be Less -Than -Significant After Individual Analysis. Consistent with Sections 15091 and 15092 of the State of California CEQA Guidelines, the City 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 Single Use Carryout Bag Reduction 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). SECTION 5. Review and Consideration of Final EIR Alternatives. As discussed above, the Final EIR includes a review and assessment of seven alternatives to the project (model ordinance). The CEQA Guidelines require that a lead agency make findings rejecting the adoption of an alternative in -lieu of the project (model ordinance) if the Final EIR concludes that the project will result in significant impacts. However, in this case, the City is not required to make such findings in that all potentially significant impacts of the project (model ordinance) have been determined to be less -than -significant. Nonetheless, the City has concluded that one of the Final EIR alternatives, Alternative 4: Mandatory Charge of $0.10 for Recyclable Paper Carib out 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 in slightly reduced greenhouse gas emissions compared to the Proposed Ordinance. This alternative would also reduce solid waste in area landfills compared to the Proposed Ordinance. but "ould increase water use and wastewater generation compared to the Proposed Ordinance for \\aching 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: 2-4 • 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 • Reducing litter and the associated adverse impacts to storm water systems, aesthetics and marine and terrestrial environments Thus, adoption of the proposed ordinance (EIR Alternative 4 with minor changes and additions) by the City of San Rafael would result in an environmentally superior project in comparison to the model ordinance that is analyzed as the project in the certified Final EIR. SECTION 6. Mitigation Monitoring and Reporting Program. Consistent with Public Resources Code Section 21081.6, the City Council does not need to adopt a Mitigation Monitoring Program, in that as discussed under Section 2 of this resolution, the adoption and implementation of the proposed ordinance would not result in any significant effects on the environment that would require mitigation. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the forgoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held Tuesday, the 18th of February, 2014, by the following vote, to wit: AYES: COUNCIL MEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 2-5 ES IJIFR C. BEIRNE, City Clerk ORDINANCE NO. 1920 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.94 REGULATING THE USE OF SINGLE USE CARRYOUT BAGS WHEREAS, according the U.S. Environmental Protection Agency, 32 million tons of plastic waste was generated in 2011, representing 12.7 percent of the total municipal solid waste stream, and only 8 percent of the total plastic waste generated in 2011 was recovered for recycling; and WHEREAS, according to the California Integrated Waste Management Board, less than 5 percent of all single use plastic bags are recycled in California; and WHEREAS, plastic bags are not biodegradable, are lightweight, and blow about easily, often becoming litter in the environment causing harm to wildlife and clogging storm drains; and WHEREAS, according to the 2013 Marin County Grand Jury report entitled "Holding the Bag", Redwood Landfill, Inc. has to hire full time personnel whose main task is to capture plastic bags from blowing off the site and polluting the surrounding area; and WHEREAS, according to the California Waste Management Board, California taxpayers spend nearly $25 million annually to collect plastic bags and send them to the landfill; and WHEREAS, according to the California Coastal Commission, up to 80 percent of all marine debris is plastic, which can never biodegrade, and plastic bags were the fourth most prevalent type of litter (over l million bags) picked up by volunteers during the Ocean Conservancy's 2012 International Coastal Cleanup Day; and WHEREAS, Bay Area plastic bag reduction ordinances have resulted in significant reductions of plastic bag litter in the environment, including 59% to 90% reductions of litter in storm drains, neighborhoods, creeks, rivers, and beaches recorded in San Jose and Santa Cruz; and WHEREAS, according to the California Coastal Commission, Plastic marine debris affects at least 267 species worldwide, including 86 percent of all sea turtle species„ which often mistake plastic bags for jellyfish; and WHEREAS, according to Californians Against Waste, at least 69 jurisdictions in California have adopted ordinances banning the use of single -use plastic bags covering at least 90 municipalities, with local and national businesses successfully replacing plastic bags with affordable, durable, recyclable products and most importantly, reusable bags; and WHEREAS, on April 6, 2009 the City Council of the City of San Rafael adopted the San Rafael Climate Change Action Plan (CCAP), which incorporates programs to achieve reductions in community greenhouse gas (GHG) emissions, including, but not limited to: a) Program LF 11, which calls for adoption of a Zero Waste Goal and a Zero Waste Strategic Plan to reduce land filling of waste; and b) Program LF 17 which directs the City to investigate options for banning non -recyclable single -use items such as plastic bags; and WHEREAS, the City Council adopted Resolution No. 13212 on July 18, 2011, amending the San Rafael General Plan 2020 to add a new Sustainability Element, which includes a Policy SU -9 for adoption of a Zero Waste goal and implementation of programs to reduce material consumption and waste generation, with a subsection SU -9h which specifically calls for banning single -use items such as plastic bags; and WHEREAS, the City Council on August 1, 2011 adopted a zero -waste resolution, No. 13217, committing itself to taking actions to achieve a waste diversion goal of 80 percent by 2012 and 94 percent by 2025; and WHEREAS, it is the desire of City of San Rafael to conserve resources, reduce the amount of GHG emissions, waste, litter and marine pollution and to protect the public health and welfare as well as to protect wildlife, all of which activities increase the quality of life for San Rafael residents and visitors; WHEREAS, the City Council has previously adopted a Resolution Certifying a Final Environmental Impact Report and Adopting an Environmental Impact Report Addendum regarding a single use carryout bag reduction ordinance, and a Resolution Making Findings of Fact supporting such an ordinance; and WHEREAS, it is the intention of the City Council to review this ordinance in one year in order to apply it to all retailers, including restaurants, and increase the charge for recyclable paper bags to twenty-five cents per bag, as studied in Alternative 7 of the Final Environmental Impact Report; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. The City Council of the City of San Rafael finds as follows: The proposed ordinance to regulate single use carryout bags is consistent with the policies and programs of the San Rafael General Plan 2020, including Conservation Element Policy CON -17 (Resource -Efficient Organizations and Businesses), Policy CON -21 (Waste Reduction/Recycling), Program CON -21a (Recycling), Program CON-2le (Recycling), and Sustainability Element Policy SU -9 (Zero Waste) and Program SU -9i (Commercial and Multi - Family Recycling) in that the ban of use of these products will result in greater use of reusable, recyclable and biodegradable materials, which would also result in a reduction in the waste stream. 2. The public health, safety and general welfare will not be adversely impacted by the proposed ordinance to regulate single use carryout bags. Rather, the public health, safety and general welfare will be enhanced and further protected as the ban for use of this material would reduce land -filling of waste products, reduce long-lasting litter and reduce public clean-up costs. DIVISION 2. Chapter 10.94 is hereby added to the 'Municipal Code of the City of San Rafael to read as follows: CHAPTER 10.94. SFNGLF I'SF CARRY OUT BAGS 2 Sections: 10.94.010 Purpose. 10.94.010 Purpose. 10.94.020 Definitions. 10.94.030 Plastic carry out bags prohibited. 10.94.040 Permitted bags. 10.94.050 Regulation of recyclable paper carryout bags. 10.94.060 Use of reusable bags. 10.94.070 Exempt customers. 10.94.080 Self -reporting obligation. 10.94.090 Operative date. 10.94.100 Enforcement and penalties. The purpose of the ordinance is to reduce the amount of plastic bag pollution in the environment, to reduce the impacts of paper bags which cause other forms of pollution and greenhouse gas emissions, and to encourage reusable bags by consumers and retailers. 10.94.020 Definitions. The following definitions apply to this Chapter: A. "Checkout bag" means a carryout bag intended to convey or protect goods, products or packaged food products provided by a store to a customer at the point of sale. B. "Customer" means any person purchasing goods from a store or from a vendor at a public event. C. "Operator" means the person in control of, or having the responsibility for, the operation of a store, which may include, but is not limited to, the owner of the store. D. "Plastic carryout bag" means any bag made predominantly of plastic derived from either petroleum or a biologically -based source, such as corn or other plant sources, which is provided to a customer at the point of sale. "Plastic carryout bag" includes compostable and biodegradable bags but does not include reusable bags or product bags. E. "Postconsumer recycled material" means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. "Postconsumer recycled material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process. F. "Product bag" means any bag without handles used exclusively to carry produce, meats, or other food items such as bulk foods to the point of sale inside a store or at a public event, or to prevent such food items from coming into direct contact with other purchased items. G. "Public event" means an event which is open to and may be attended by the general public, including but not limited to such events as farmers' markets, parades, craft fairs, 3 festivals, concerts, performances or other exhibitions, regardless of any fee or age requirement. H. "Recyclable" means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. I. "Recyclable paper carryout bag" means a paper bag that meets all of the following requirements: (1) contains no old growth fiber, (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) post -consumer recycled material; (3) is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400; (4) is accepted for recycling in curbside programs in the City of San Rafael; (5) has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of postconsumer recycled material used; and (6) displays the word "Recyclable" in a highly visible manner on the outside of the bag. J. "Reusable bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; (2) has a minimum volume of 15 liters; (3) is machine washable or is made from a material that can be cleaned or disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts; (5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location (country) where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of postconsumer recycled material used, if any; and (6) if made of plastic, is a minimum of at least 2.25 mils thick. K. "Single Use Carryout Bag" means a bag made of plastic, paper, or other material, that is provided by a store to a customer at the point of sale that is not a reusable bag and does not meet the requirements of a reusable bag. A "single use carryout bag" does not include a "product bag" or a bag provided by a pharmacy pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the California Business and Professions Code to a customer purchasing a prescription medication. L. "Store" means a retail establishment located within the incorporated area of the City of San Rafael that meets any one or more of the following definitions: 1. A full -line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; 2. A store of at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law, Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code, 4 and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code; or 3. A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control. 10.94.030 Plastic carryout bags prohibited. A. No operator of a store shall provide to any customer a plastic carryout bag. B. This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to product bags. C. No vendors at a public event shall provide to any customer a plastic carryout bag, except product bags. 10.94.040 Permitted bags. All operators of stores and vendors at a public event shall provide or make available to a customer only recyclable paper carryout bags or reusable bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this Chapter. Nothing in this Chapter prohibits customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. 10.94.050 Regulation of recyclable paper carryout bags. A. Any operator of a store or vendor at a public event that provides a recyclable paper carryout bag to a customer shall charge the customer at least ten cents ($0.10) for each bag provided, except as otherwise provided in this Chapter. B. The City Council may increase the ten cent ($0.10) minimum charge by Resolution. C. No operator of a store or vendor at a public event shall rebate or otherwise reimburse a customer any portion of the minimum charge required in Subsection A, except as otherwise provided in this Chapter. D. All operators of stores and vendors at public events shall post signage clearly indicating the per bag charge for recyclable paper carryout bags. E. All operators of stores shall indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged for the bags. F. All monies collected by an operator of a store or a vendor at a public event for recyclable paper bags under this Chapter shall be retained by the operator of the store or the vendor. 0 10.94.060 Use of reusable bags. A. All operators of stores shall make reusable bags available for purchase by a customer, and any operator of a store or vendor at a public event that provides a reusable bag to a customer shall charge at least ten cents ($0.10) for each bag provided, except as otherwise provided in this Chapter. B. The City Council may increase the ten cent ($0.10) minimum charge by Resolution. C. An operator of a store may provide reusable bags to customers at no cost until three (3) months after the effective date of the ordinance. On and after three (3) months after effective date of the ordinance, an operator of a store may provide reusable bags to customers at no cost only when combined with a time-limited store promotional program. Such events shall not exceed a total of 30 days within any consecutive 12 -month period. D. Each operator of a store or vendor at a public event is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags. E. No operator of a store or vendor at a public event shall rebate or otherwise reimburse a customer any portion of the minimum charge required in Subsection A, except as otherwise provided in this Chapter. F. All operators of stores shall post signage clearly indicating the per bag charge for reusable bags. G. All operators of stores shall indicate on the customer receipt the number of reusable bags provided and the total amount charged for the bags. H. Each operator of a store or vendor at a public event is strongly encouraged to charge for a reusable bag at least what it cost to procure the reusable bags in order to encourage maximum reusability and not cause them to be treated as throw -away. 1. All monies collected by an operator of a store or vendor at a public event for reusable bags under this Chapter shall be retained by the operator of the store or vendor at the public event. 10.94.070 Exempt customers. All operators of stores or vendors at public events shall provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags or both, at the store's option, to any customer participating either in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code. 11 10.94.080. Self -reporting obligation. All operators of stores and vendors at public events shall submit to the City Manager a certification of compliance in a form as prescribed by the City Manager's Office by mail or electronic means within thirty (30) days after the operative date of this Chapter, or within 30 days after commencing business in the City, whichever is sooner. This form shall include the name and title of the person reporting, the store or vendor name, and pertinent telephone, email and address contact information. 10.94.090 Operative date. This Chapter shall become operative on and after September 15, 2014. 10.94.100 Enforcement and penalties. A. The City Manager and such code enforcement officials as he or she may designate shall be responsible for enforcement of this Chapter. The City 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, entering the premises of any store during business hours, and imposing penalties for violations. B. For a first violation of this Chapter, the City Manager or his or her designee shall issue a written warning notice to the operator of a store or to the vendor at public event that a violation has occurred and the potential penalties that will apply for future violations. C. It is unlawful for any operator of a store or vendor at a public event to violate or fail to comply with any of the requirements of this Chapter after a written warning notice has been issued for that violation.. D. A violation of the provisions of this Chapter is subject to enforcement by the provisions of Title 1 (General Provisions), Chapters 1.40, 1.42, 1.44 and 1.46 of this Code} and may be prosecuted as a misdemeanor or infraction as set forth in Section 1.42.010 of this Code. E. Each day that a violation of this Chapter continues shall be deemed a separate violation. 17 kyj R3 CIR193 If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision will not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid. DIVISION 4. Nothing in this Ordinance is intended to create any requirement, power or duty that is in conflict with any federal or state law. 7 DIVISION 5. This Ordinance shall be published once, in full or summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance. GARY 0. O. P LLIPS, Mayor ATTEST: ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1920 was read and introduced at a Regular meeting of the City Council of the City of San Rafael, held on the 18'' day of February, 2014, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular meeting of the City Council to be held on the 3rd day of March, 2014. ESTHER C. BEIRNE, City Clerk 11 ATTACHMENT 4 Response to City of San Rafael Comments on Draft Environmental Impact Report (Excerpt from Final EIR Section 8.0) January 2, 2014 Rincon Consultants, Inc. 180 Grand Avenue, Suite 400 Oakland, California 94612 5io 834 4455 FAX 834 4433 info@rinconconsultants.com www.rinconconsultants.com To: Commenters on the Single Use Carryout Bag Reduction Ordinance Draft Environmental Impact Report Subject: Single Use Carryout Bag Reduction Ordinance Draft Environmental Impact Report Response to Comments and Public Hearing Dear Commenter, Thank you for providing the Marin County Hazardous and Solid Waste Management joint Powers Authority (JPA) with comments on the Single Use Carryout Bag Reduction Ordinance Project Draft Environmental Impact Report. Your participation is appreciated and considered an essential element in the planning and environmental review process. In accordance with the California Environmental Quality Act Guidelines, Section 15088, the JPA has reviewed and considered comments received during the public review period. A copy, of the comments received, including your comment letter, and the JPA's proposed responses to the comments are attached to this letter. All interested persons may attend the public hearing at which the JPA Board will consider certification of the Final EIR, which is scheduled for Thursday, January 16th at 9:00 AM at the Central Marin Police Authority - 250 Doherty Drive, Larkspur, CA. Again, thank you for providing the JPA with comments. If there are any questions you have concerning this letter or the proposed responses to comments, please contact Steve Devine, Program Manager, at (415) 473-2711 or sdevine@marincountv.ors. Sincerely, RINCON CONSULTANTS, INC. On Belialf of the AIlariii :' m aunty Hazardous and Solid Waste Management JPA I ' �Z 4 A e Leid` r, A CP CEP EIR Project Manager E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s Single Use Carryout Bag Reduction Ordinance EIR Section 8.0 Responses to Comments on the Draft EIR 8.0 RESPONSES TO COMMENTS ON THE DRAFT EIR CEQA Guidelines Section 15088 requires that the lead agency evaluate public comments on environmental issues included in a Draft EIR and prepare written responses to those comments. Pursuant to CEQA Guidelines Section 15088(b), "The written responses shall describe the disposition of significant environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particular, the major environmental issues raised when the lead agency's positions are at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted." The CEQA Guidelines call for responses that contain a "good faith, reasoned analysis" with statements supported by factual information. Comments that do not pertain to the Draft EIR or environmental issues need not be responded to in the Final EIR. The Draft EIR was circulated for a 45 -day public review period that began on November 1, 2013, and ended on December 15, 2013. The Marin County Hazardous and Solid Waste Management Joint Powers Authority (JPA) received seven comment letters on the Draft EIR during the noticed public comment period. Commenters and the page number on which each commenter's letter appears are listed below. The letters and responses follow. Commenter Pa&e 1. Danielle L. Staude, Senior Planner, City of Mill Valley 8-2 2. Paul A. Jensen, AICP, Community Development Director, City of San Rafael 8-7 3. David Lewis, Executive Director, Save the Bay 8-10 4. Libby McQuiston 8-12 5. Samantha Meyer, Zero Waste Program Coordinator, Clean Water Action 8-14 6. Devi Peri Im 7. Judi Shils, Executive Director, Teens Turning Green 8-20 The responses to each comment identify first the number of the comment letter, and then, if the letter includes more than one individual comment on the Draft EIR, the number assigried to each issue (Response 2.1, for example, indicates that the response is for the first suw raised in Comment Letter 2). Where changes to the EIR text are indicated, inserted text s s ho�vn in underlined format, and deleted language in stfikee;t format. r Marin County Hazardous and 8-1 Solid Waste Management JPA 7- V 2 C N1 Y0:, A J -ER 4-7 L v1 oycus�—u OLLY COUNCJL1il,,-,� CULLOUC 77777-777 —n- CG--,,T,MUN H -Y PEON,': 41`z --t �5-3035 December 4, 2013 Letter 2 Steve Divine Prograrn Manager Marin County Hazardous and Solid Waste Management Joint Powers Authority 899 Nortligate Drive, Suite 100 San Rafael, CA 94901 Subject: Single -Use Carryout Bag Reduction Ordinance Draft Environmental Impact Report (DEIR); City File No.: P13-011 Dear Mr. Divine: On Monday, December 2, 2013, the San Rafael City Council conducted a public hearing on. the Single -Use Carryout Bag Reduction Ordinance, Draft Envii,willielital, Impact Report (DEIR). Public comments were limited to the merits of adopting an ordinance; there were re no public comments on the scope, the studies or the adequacy of the DEIR. However, the City Council raised the folloNvilig Issues, requesting that they be addressed in the Final ETR: 1. The Final EIR should address and clarify the true costs for -paper bags to clarify wiletfier the sut-p.tst,-,.d charge per paper ba-, Git 10 or $0.25/ C, big) 111 t be an imposed cost or revcni t�, -Lr,,.arn for the retail stores, 2.1 2. Wkit "I -1,c (fie secondary impacts to the cu.Ao)jter if a free pi:ls'l' hag is no loiTIUI- "Ovailable to be n, -1 for trb, doo- v.,-1qc or other p- in-eses? 'Wilf t1 stir it °i 2.2 impacts to the custorner and the secondary environmental impacts? discussing . In a&',`L��,Cn to ('�'scus8ing and commenting '.-,ig on tie DF 1 R, the C11 v Covi-lcil provi(!,f,,-' 1-1 whack on t the 1) k' tri- di re no f)l� the alit coii-m,, " I �-, , ''. : 4�- 2.3 -11oS ."Led G`:,,:- Li;-' vr I';, ti soi-ne d: ��,c f C� i- r '!raft o xl,*'-,:-ince o. -c, tic ',D-'Clo2d 01 -at we dratanc.i�dlirLtnce t' -,at: a) is -JI-IR is c i— 1 Tc -,ind cert 'l i cd. Our Cozy i consistent with DEIR Alternative 4 (per base model ora ice appl,,,-1 �)- : raer retail with a \4/ 1 �] 1 5 to h .1 8-7 14001 fTn AvEx1JE - PO BOX 151560, SAN RAFAEL, CA 9491-5-1560 \VNV1V.C11*Y0FSAN'RAFAEL.0RG Steve Divine, Program. Manager Deceni er 4, 2013 Page 2 $0.10 charge per paper bag); and b) after one year, transitions to DEIR. Alternative 7 (applicable to all retailers and restaurants with. a raised charge of $0.25 per paper bag). I Should you have any questions please do not hesitate to contact me at 415.485.5064 or Sincerely, 011 6, Paul A. Jensen, VECP CITY OF �A f' RA1tAEL Community Development Director cc: Mayor Gary Phillil_r:_; d City Councilmembers Nancy Mackle, Cite Manager Cory Bytof, Sustain I-ihility Coordinator Plst6agban.DEIR cmnts 12 4 13 8-8 Single Use Carryout Bag Reduction Ordinance EIR Section 8.0 Responses to Comments on the Draft EIR Letter 2 COMMENTER: Paul A. Jensen, AICP, Community Development Director, City of San Rafael DATE: December 4, 2013 Response 2.1 The commenter states that the San Rafael City Council held a public hearing on the Draft EIR on December 2, 2013, and that no comments on the scope or adequacy of the Draft EIR were received, but that the City Council requested that the EIR clarify whether the ordinance - required charge for paper bags would be an imposed cost or a revenue stream for the retail stores. The mandated minimum charge of $0.05 per paper bag is intended as an incentive for shoppers to bring reusable bags (i.e., a disincentive to use single -use paper bags). Store operators may choose to charge more than the minimum mandated charge, or may choose not to provide single -use paper bags at all. As stated in Section 2.0, Project Description, paper carryout bags can be purchased in bulk for approximately 15 to 25 cents per bag (Page 2-4, City of Pasadena, 2008). However, pursuant to Section 15131 of the State CEQA Guidelines, economic effects of a project are outside the scope of environmental analysis. Because the comment does not pertain to the Draft EIR, further responses are not required. Nevertheless, the comment is noted and will be forwarded to the JPA Board for their consideration. Response 2.2 The commenter asks what the economic and environmental secondary effects would be if consumers that can no longer get free plastic bags at retail outlets choose to buy plastic bags for uses formerly handled by the free bags, such as pet waste pick-up and small trash can liners. The economic effects are outside the scope of environmental analysis. The environmental impacts would be generally similar to use of free bags; although store-bought bags are sometimes slightly thicker (using more plastic) than those currently given out free, this would be offset by the larger overall reduction in use of plastic bags that would result from the ordinance. If the calculations used in the EIR were adjusted to incorporate speculation on an increased use of store-bought bags, it is anticipated that impact levels would be generally similar to those of the project as analyzed, and would remain less than significant. Response 2.3 The commenter states that the San Rafael City Council expressed interest in considering an ordinance that is similar to the EIR's Alternative 4 (mandatory- charge of $0.10 for recyclable paper carryout bags) but that would transition after one year to include provisions of Alternative 7 (a higher mandatory charge per paper bag, and applicable to all retailers and restaurants). This comment does not pertain to the analysis or conclusions of the Draft EIR, but is noted. Marin County Hazardous and 8-9 Solid Waste Management JPA 1 San Rafael - Chamber January 27, 2014 Mayor Gary Phillips and City Council City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915 Re: Proposed Plastic Bag Ordinance — City of San Rafael Dear Mayor Phillips and Council Members: ATTACHMENT 6a On behalf of the San Rafael Chamber of Commerce Board of Directors we are writing to share our support for the proposed ordinance to eliminate the distribution of new plastic bags in San Rafael. The Chamber has been monitoring this issue for over two years including the Marin County EIR certification process, surveyed our membership on the issue, and recently heard a presentation from city staff at the Chamber Governmental Affairs Committee. The matter was ultimately directed to the Chamber Board of Directors for consideration. The Board of Directors voted to support the approval of a new ordinance at the January 23 regular meeting. The Board believes that the proposed ordinance will ultimately be beneficial to the overall cleanliness, environment, and vitality in San Rafael and beyond. Several of our members and local businesses have already moved away from plastic bags on a voluntary basis with minimal to no negative impact on their business. In addition, the approval of this ordinance with further the city's efforts toward the goals of the climate action plan. The San Rafael Chamber of Commerce believes that a healthy business community is invaluable to the community as a whole. We urge your approval of the new ordinance and look forward to supporting the city in its outreach efforts. Sincerely, Rick Wells President and CEO cc: Chamber Board of Directors San Rafael City Manager San Rafael Volunteer and Sustainability Coordinator 817 Mission Avenue I San Rafael CA 94901 1 (415) 454-4163 1 FAX: (415) 454-7039 www.SRChamber.com 4 I ATTACHMENT 6b SAVE BABA February 5, 2014 San Rafael City Council 1400 Fifth Avenue San Rafael, CA 94915-1560 RE: Single -use carryout bags in San Rafael Dear Mayor Phillips and Councilmembers: On behalf Save The Bay's supporters in San Rafael and 50,000 members and supporters throughout the Bay Area, we are very pleased that the city is considering an ordinance to ban single -use plastic bags. The best way to protect our waterways and the Bay from plastic bag litter is to ban their use at all retail establishments and restaurants-, we strongly urge your support for a comprehensive ban that will achieve this goal. Plastic bags are non -biodegradable and persist in the Bay indefinitely, leaving a pollution legacy for future generations. The economic impact of single -use plastic bags is also high — the California Waste Management Board states that California taxpayers spend $25 million every year to collect and landfill plastic bags. Bags jam recycling equipment, causing work stoppages and lost revenue at recycling facilities. With less than five percent of plastic bags being successfully recycled in California, it's an inefficient endeavor that does nothing to prevent them from being littered in our waterways. We applaud the city's involvement in the Marin JPA single -use bag process but encourage you to adopt a policy that more broadly addresses the problem of plastic bag litter. The limited scope of retailers included in the JPA's Proposed Ordinance falls short of a comprehensive ban and still allows thousands of plastic bags to be distributed each year. 58 Bay Area jurisdictions have adopted bag bans, most of which cover all retail establishments. In the two years since the City of San Jose's all retailer ban went into effect, there has been 98 percent compliance from retailers and an 89 percent decrease in plastic bag litter in the city's storm drains. Comprehensive policies such as San Jose's are working, and San Rafael should follow suit. We also encourage the city to join San Francisco and Palo Also in including restaurants in the ordinance. Thank you for your consideration and for addressing this important Bay water quality issue. We urge you to move forward with a comprehensive single -use bag ordinance as soon as possible. Sincerely, David Lewis Executive Director 1330 Broadm 3y, Suite 1800 Oakland, CA 94612 510063.6850 wire bay.org Marin Independent lonrnal 150 Alameda del Prado PO Box 6150 Novato, California 94948-1535 (415) 382-7335 legals@rnarinij.com SAN RAFAEL,CITY OF PO BOX 151560/CITY CLERK, DEPT OF PUBLIC WORKS,1400 FIFTH AVE SAN RAFAEL CA 94915-1560 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Marin FILE NO. 0005095124 I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25566; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 2/7/2014 1 certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 10th day of February. 2014. Signature PROOF OF PUBLICATION Legal No. 0005095124 CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING SAN RAFAEL MUNICIPAL CODE CHAPTER 1&991 REG- ULATING SINGLE USE CARRYOUT BAGS DATE/TIME: Tuesday. February 18, 2014 at 7:00 p.m. LOCATION: City Council Chambers, 1400 Fifth Avenue, San Rafael, CA PURPOSE: To receive public comments and to consider introducing for adoption a proposed ordinance to add new Chapter L0.94 to the San Rafael Municipal Code regulatinc,1 single use carryout bays by certain types of retail stores in the City of San Rafael. This ordinance is simi- lar in scope and definition to ordinances in ef- fect in other klarin Countymunicipalities. and is the result of City Council public study ses- sions between 2011 and 2013. The ordinance in- r_ludes definitions of stores and event vendors. single use plastic bags. single use paper bags, and reusable bags, and identifies exemptions as well as enforcement mechanisms. The full text of the proposed ordinance is on file with the City Clerk, in Room 209. City Hall. 1400 Fifth Avenue. San Rafael. and is open for public in- spection. As required by state law. the potential envi- ronmental impacts of this proposed ordinance have been assessed. A Final Environmental Im- Eract Report (Final EIR) and EIR Addendum have teen prepared to assess the impacts of the Quality Act ider certifica- of the EIR Ad- ments are can be acc WHAT WILL HAPPEN: The City Council will consider all public testi- mony and consider whether to certify the Final EIR, adopt the EIR Addendum, and adopt the proposed ordinance. You may attend and com- ment on the proposed ordinance. IF YOU CANNOT ATTEND: You can send a letter wraith your comments re- garding the proposed ordinance. and Final EIR and EIR .Addendum, to Esther Beirne, City Clerk, City of San Rafael, P.O. Box 151560. San Rafael, CA 94915-1560. or you can deliver a letter to the City Clerk prior to the City Council meeting on February 18. 2014. FOR MORE INFORMATION: You may contact Cory Bytof. City of San Rafael Sustainability Coordinator, at (415) 485-3407 for more information. Office hours are Monday, through Friday. behveen 9:00 a.m. and 5:00 p.m. ESTHER BEIRNE CrrY CLERK CITY OF SAN RAFAEL American Sign Language interpreters and assistive listening devices may be requested by calling 41-5-455-3198 (TDD) or 415-485-30S5 (voice) at least 72 hours in advance of the Pub- lic Hearing. Copies of documents are available in accessible formats upon request. Public transportation is available through Golden Gate Transit, line 20 or 23. Paratransit is available by callings Wh-iistlestop Wheels at 415-454-0964- To allows individuals with environmental illness or in chemical sensitivity to attend the Pub - lie Hearinq, individuals are requested to refrain from wvearuig scented products N0.123 Friclay. February 7, 2014 ATTACHMENT 7