Document elcerrito_gov_doc_45ff1181d5

AGENDA BILL Agenda Item No. 7(A) Date: August 20, 2013 To: El Cerrito City Council From: Garth Schultz, Operations + Environmental Services Manager Subject: Proposed Single-Use Bag Ordinance ACTION REQUESTED Introduce by title, waive any further reading, and approve an ordinance amending the El Cerrito Municipal Code (ECMC) by adding Chapter 8.22 – El Cerrito Single-Use Bag Ordinance. BACKGROUND Litter pollution on streets and in gutters, storm drains, creeks, and San Francisco Bay is a major environmental quality and compliance concern in El Cerrito and the entire Bay Area. Certain components of litter – including single-use bags – have been identified locally, regionally, and state-wide as being particularly problematic. Single-use bags, especially those made of plastic, are difficult to keep from becoming litter, are when littered, and can be challenging to remove from the environment once littered. Over 79 cities and counties in California have adopted single-use bag ordinances in order to reduce bag litter and promote environmental sustainability. Current single-use bag ordinances typically prohibit the distribution of single-use plastic bags in retail establishments at the point of sale and require retail establishments to charge the customer a fee on single-use paper bags. In 2011, the El Cerrito City Council adopted Resolution No. 2011-68, which declared the City Council’s support for a regional approach to the development and potential implementation of a single-use bag ordinance. RecycleMore – the West Contra Costa Integrated Waste Management Authority – took the lead in developing a model ordinance and commissioning an Environmental Impact Report (EIR) that could be utilized by RecycleMore’s member agencies, including El Cerrito. This provided for a coordinated, cost-effective effort that leveraged the partnership of member agencies under RecycleMore and will lead to greater environmental benefit under an ordinance regional in scope. RecycleMore finalized the model single-use bag ordinance in late 2012 and completed and certified the EIR in ---PAGE BREAK--- Agenda Item No. 7(A) Page 2 20131. The EIR detailed many areas in which regional implementation of the model ordinance would have a beneficial environmental impact, while not causing any significant environmental impacts on the whole. The RecycleMore Board of Directors has recommended the model ordinance for individual adoption by member agencies. Member agencies have the option to modify portions of the model ordinance to make its provisions appropriate for their respective communities. The City of Richmond completed adoption of its single-use bag ordinance in July 2013 and the City San Pablo is considering adoption of a similar ordinance soon. The El Cerrito Environmental Quality Committee passed a motion recommending City Council adoption of the proposed Ordinance on July 9, 2013. DISCUSSION Proposed Single-Use Bag Ordinance El Cerrito City staff modified RecycleMore’s model ordinance to develop the proposed El Cerrito Single-Use Bag Ordinance (Attachment 1) which would: 1. Prohibit the distribution of single-use plastic bags in retail establishments at the point of sale for all retail establishments except restaurants and non-profit charitable reusers. This includes department stores, clothing stores, liquor stores, book stores, specialty stores, drug stores, convenience stores, etc. Restaurants, take-out food establishments, or any other businesses that receive their revenue primarily from the sale of food cooked or otherwise prepared at the establishment would be exempt from the Ordinance. 2. Require retail establishments to charge to all customers a minimum of five ($0.05) cents for each paper bag distributed at the point of sale, effective January 1, 2014. 3. Require retail establishments to charge to all customers a minimum of ten ($0.10) cents for each paper bag distributed at the point of sale, effective January 1, 2016. 4. Require that paper bags distributed to customers by retail establishments contain at least 40 percent post-consumer recycled content. 5. Provide for a penalty levied against noncompliant business owners as infractions of the El Cerrito Municipal Code. 6. Exempt from the provisions of the Ordinance plastic or paper bags without handles that are used by customers or the retail establishment to protect or contain raw meat, fresh produce, food prepared at the establishment, or other 1 Access the Single-Use Bag Ordinance Final EIR (March 2013) and Addendum to the Final EIR (May 2013) online at http://ca-elcerrito.civicplus.com/Admin/DocumentCenter/Document/View/2642 (the document is very large and may take a few minutes to open). ---PAGE BREAK--- Agenda Item No. 7(A) Page 3 goods that must be protected from moisture, damage, or contamination, and that are typically placed inside a carryout bag at the point of sale. 7. Become effective January 1, 2014 and enforceable on July 1, 2014. Public Outreach and Comments The City of El Cerrito initiated outreach on a draft Single-Use Bag Ordinance in May 2013. Public outreach included: • Direct postcard mailing in three languages (Attachment 2) to all potentially affected business locations and billing addresses, announcing a public comment period from May 15 through July 15. • Four weeks published advertisement in the El Cerrito Journal, soliciting public comments during the public comment period. • Public comment meetings and discussion with the Environmental Quality Committee on June 11 and July 9, and presentation and public comment with members of the El Cerrito Chamber of Commerce on June 18. • 1,000 reusable bags distributed during Earth Day and at the 4th of July Celebration to promote and help prepare community members for the Single-Use Bag Ordinance. • Posting the draft Ordinance online at www.el-cerrito.org/bagsandfoam as well as sending notifications to over 800 email subscribers, and posting on Twitter. The public outreach process yielded 43 public comments from individuals and organizations, with 16 comments expressing opposition to the Ordinance and 25 comments expressing support (the remaining 2 did not state a position). The City received letters of support from the following organizations: Friends of Five Creeks, Citizens for East Shore Parks, the Sierra Club, the Golden Gate Audubon Society, and Clean Water Action. No organization submitted letters of opposition to the proposed Ordinance. The main themes expressed by the public comments are discussed below: Environmental Benefits Questioned One category of public comments refuted the significance of the environmental benefits of the proposed Ordinance. Many comments in this category cited that plastic bags are often reused or recycled, and would need to be purchased if banned. Others stated that more education and enforcement about littering would better achieve the goals of the Ordinance. RecycleMore’s EIR found that the Ordinance would result in beneficial impacts in several areas, including litter, water pollution, air pollution, biological resources, and greenhouse gas emissions. Additionally, not all bags would be banned by the proposed Ordinance, and some bags will still be available for reuse. The El Cerrito Recycling + Environmental Resource Center collects hundreds of pounds of bags every ---PAGE BREAK--- Agenda Item No. 7(A) Page 4 week, and is committed to making these bags available, on an ongoing basis, for reuse by community members interested in supplies of reusable single-use plastic bags. Potential Health Risks Another frequently voiced comment of opposition claimed that banning plastic bags will result in harmful contamination of reusable bags and checkout counters, resulting in a public health concern. Some of these comments referred to recent news reports and studies demonstrating the presence of bacteria on reusable bags. RecycleMore’s EIR cited studies that found bacteria present on unwashed reusable bags to be in substantially lower quantities than on home cutting boards (67 times more bacteria than on reusable bags), counter tops (144 times more), and sponges (9,000 times more). Furthermore, the EIR demonstrates that washing reusable bags greatly decreases the presence of bacteria. This data indicates that food preparation and storage areas represent a greater risk of food-borne contamination than an unwashed reusable bag. That said, the proposed Ordinance defines reusable bags as those that are capable of being washed or disinfected, and future City outreach on this topic will encourage people to regularly and properly wash their bags, hands, and food items in advance of food preparation in order to avoid any potential health risks. Inconvenience and Inefficiency Several public comments stated that banning plastic bags will inconvenience consumers. Among the reasons given were that paper bags rip and tear, especially when wet, resulting in dropped or broken items. Others stated that people using alternative modes of transportation would be more greatly inconvenienced than people in cars, because reusable and paper bags are hard to carry. Still others claimed that paper and reusable bags are harder to load at the check-out stand, which would result in longer lines or higher labor costs at retail stores. Some worried that more reusable bags would result in more shoplifting. Overall, the comments in this category speculate that implementing the proposed Ordinance will change the fundamentals of shopping and doing business in El Cerrito. It is important to note that the City did not receive any comments from businesses or retailers expressing concern about these possible impacts of the Ordinance. Indeed, in other communities where ordinances have been implemented, it appears to be the case that life with a single-use bag ordinance reverts to normal soon after an initial adjustment period. Charge for Paper Bags A number of public comments were not supportive of a charge on paper bags, and some of these were unclear about the reasons for the charge. One common viewpoint stated that a charge for paper bags would increase the effective costs of goods, since bags are currently provided for free. It is important to be clear that any bags currently provided by retailers are provided by the retailers at a cost; charging customers for those bags, and providing fewer bags overall, should enable retailers to pass on savings realized from purchasing fewer bags to customers in the form of reduced prices. The intent of establishing a minimum charge for paper bags is to reduce the number of single-use paper bags by virtue of consumers being presented with the choice of whether or not to purchase a bag. Any charges for bags will be retained by the retailer and may be used to cover the costs of providing bags, complying with the Ordinance, providing free ---PAGE BREAK--- Agenda Item No. 7(A) Page 5 reusable bags, and educating customers about the Ordinance. Additionally, retail establishments may choose to exempt low-income customers from the minimum charge. Customers Shopping Elsewhere Some comments expressed concern that shoppers would avoid shopping in El Cerrito as a result of the proposed Ordinance. This concern does not seem well founded, since most of El Cerrito’s neighboring commercial districts currently have, intend to implement, or are seeking implementation of similar single-use bag ordinances. Nor does it appear to be the case that such impacts have been felt elsewhere in the Bay Area. For example, a year after implementing its own ordinance, the City of San Jose found there to be no reports of sustained negative impact on local retailers. Other Alternatives A few comments suggested that the City pursue alternatives to a single-use bag ordinance, such as better education about and enforcement of litter laws, and a deposit and return system on single-use bags similar to that on cans and bottles. Though education and enforcement of litter laws is certainly something the City can do more of, the problems associated with single-use bag litter go well beyond everyone putting waste in the right place (consider for example plastic bags blown by wind out of garbage containers, recycling trucks, and waste transfer stations). Similarly, while the idea of a deposit system for bags may have merit, implementation of a deposit program could only be achieved at a regional or State level. Some supportive comments suggested that the proposed Ordinance should be revised to achieve earlier implementation and a higher charge for paper bags. The proposed implementation date of January 1, 2014 would allow the City to conduct an appropriate outreach campaign to both businesses and shoppers and is the earliest date that staff recommends. The proposed enforcement date of July 1, 2014 is intended as a six month grace period to allow affected businesses sufficient time to adjust to the requirements of the Ordinance. Though the Council may choose the implementation and enforcement timeline at its discretion, the charge on paper bags is the maximum allowed by the Ordinance without redoing the EIR. Next Steps if Adopted Prior to January 1, 2014, City staff plans to send a mailer to the approximately 250 potentially affected business owners, to host community meetings, and to provide signs to business owners to inform customers about the Ordinance. Staff will conduct another similar round of outreach prior to July 1, 2014, when enforcement activities are proposed to begin. Enforcement of the Ordinance is expected to be largely complaint based and will be conducted via administrative citation as per ECMC Sections 1.08 and 1.14. Per, the ECMC, the City Manager may designate enforcement officers to issue administrative citations. Penalties for non-compliance start at $100 for the first violation and can be up to $500 per violation. STRATEGIC PLAN CONSIDERATIONS Adoption of the proposed Single-Use Bag Ordinance would help fulfill Goal F – Foster environmental sustainability citywide – as detailed in the City of El Cerrito Strategic ---PAGE BREAK--- Agenda Item No. 7(A) Plan, adopted March 2013. Specifically, adoption of the proposed Ordinance would contribute to achieving the following strategies: • Implement policies to promote waste diversion ban on single-use bags and EPS food containers). Adoption of the proposed Ordinance would complete one example stated in this strategy. • Implement the City's Climate Action Plan. Adoption of the proposed Ordinance would contribute to meeting Objective W -1.4 of the Climate Action Plan (Bans on problematic materials). ENVIRONMENTAL CONSIDERATIONS If adopted, and as discussed in the EIR, the Single-Use Bag Ordinance would reduce single-use bag litter on El Cerrito streets and public spaces, reduce the presence of single-use bags in storm drains and creeks (the City is required to eliminate trash in stormwater per the Municipal Regional Stormwater Permit), and reduce waste management inefficiencies attributed to single-use bags. FINANCIAL CONSIDERATIONS Implementation of the Ordinance would require the use of limited budgeted funds and staffing for outreach, education, and enforcement activities in the Public Works Department, Operations+ Environmental Services Division. No additional funding or staffing will be needed to implement and enforce the Ordinance. The City may avoid unknown future costs due to litter control and complying with the Municipal Regional Permit as a result of the Ordinance. LEGAL CONSIDERATIONS The City Attorney has reviewed the draft Ordinance and found that legal considerations have been addressed. Reviewed by: Scott Hanin, City Manager Attachments: 1. Draft Single-Use Bag Ordinance 2. Trilingual Postcard Mailer Page 6 ---PAGE BREAK--- 1 ORDINANCE NO. 2013–XX AN ORDINANCE OF THE CITY OF EL CERRITO REGULATING THE USE OF PLASTIC CARRY-OUT BAGS AND RECYCLABLE PAPER CARRY-OUT BAGS AND PROMOTING THE USE OF REUSABLE BAGS WITHIN THE CITY SECTION 1. Findings. WHEREAS, single-use carry-out bags have been associated with significant environmental impacts, including greenhouse gas emissions, harm to wildlife, solid waste generation, and constitute a high percentage of litter, which is and costly to clean up; and WHEREAS, littering single-use bags can result in blocked storm drains, fouled waterways, and increased marine debris; and WHEREAS, even properly disposed or recycled plastic single-use bags cause operational problems at solid waste transfer stations, landfills, and recyclables collection and processing facilities; and WHEREAS, the City of El Cerrito has a substantial interest in protecting its waterways, environment, and taxpayers from the negative impacts from single-use carry- out bags; and WHEREAS, there are several alternatives to single-use carry-out bags readily available to El Cerrito residents and shoppers; and WHEREAS, studies document that banning single-use plastic bags and charging for single-use paper bags will dramatically reduce the use of both types of bags; and WHERAS, the West Contra Costa Integrated Waste Management Authority (“Authority”) has developed a single-use bag reduction model ordinance for potential consideration and adoption by its member agencies, including El Cerrito; and WHEREAS, on April 11, 2013 the Authority Board certified an Environmental Impact Report (“EIR”) for its model ordinance and recommended that each Authority member agency consider adopting the model ordinance; and WHEREAS, the City intends this ordinance to fall within the scope of the Authority’s EIR and has, therefore, modeled this ordinance on the Authority’s draft ordinance; and WHEREAS, the City has reviewed the Authority’s EIR and finds that there are no significant environmental impacts relating to the City’s adoption of prohibitions on plastic bag use that were not addressed in the Authority’s EIR. Agenda Item No. 7(A) Attachment 1 ---PAGE BREAK--- 2 NOW THEREFORE, the City Council of the City of El Cerrito does hereby ordain as follows: SECTION 2. Amendment of Municipal Code. Title 8 of the El Cerrito Municipal Code is hereby amended to add a new Chapter 8.22 and shall read as follows: 8.22.010 - Title. This Ordinance shall be known as the El Cerrito Single Use Bag Ordinance. The City of El Cerrito hereinafter shall be called "City." This Ordinance shall be applicable in the incorporated territory of the City. 8.22.020 - Operative Date. This Ordinance shall become operative on January 1, 2014 and shall become enforceable on July 1, 2014. 8.22.030 - Purpose. It is the intent of the City of El Cerrito in enacting Chapter 8.22 to reduce the common use of single-use carry-out bags and to encourage the use of reusable bags by consumers and retailers in El Cerrito. 8.22.040 - Definitions. The following definitions apply to this Ordinance: A. “Carry-out Bag” means a bag other than a Reusable Bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Carry-out Bags do not include bags provided to the Customer to contain produce, bulk food or meat from a produce, loose bulk food or meat department within a store to the point of sale. B. “Customer” means any person purchasing goods from a Retail Establishment. C. “Nonprofit Charitable Reuser” means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent (50%) of its revenues from the handling and sale of those donated goods or materials. D. “Operator” means the person in control of, or having the responsibility for, the operation of a Retail Establishment, which may include, but is not limited to, the owner of the Retail Establishment. ---PAGE BREAK--- 3 E. “Person” means any natural person, firm, corporation, partnership, or other organization or group however organized. F. “Plastic Bag” means any bag made predominantly of plastic derived from either petroleum, ethylene derived from natural gas, or a biologically-based source, such as corn or other plant sources, which is provided to a Customer at the point of sale. Plastic Bags include: compostable and biodegradable bags but does not include Reusable Bags, Produce Bags, or Product Bags. G. “Postconsumer Recycled Material” means a material that has completed its life cycle as a consumer item, would otherwise be destined for solid waste disposal, but is recycled. "Postconsumer Recycled Material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process. H. “Prepared Food” means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the Food Provider's premises. For the purposes of this ordinance, Prepared Food does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar retail appliance. Prepared Food may be eaten either on or off the premises, also known as "take-out food". I. “Produce Bag” or “Product Bag” means any bag without handles used exclusively to carry produce, meats, or other food or goods to the point of sale inside a Retail Establishment, or to prevent such items from coming into direct contact with other purchased items, or to hold prescription medication dispensed from a pharmacy. J. “Recyclable” means material that can be sorted, cleansed, and reconstituted using El Cerrito’s 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. K. “Recycled Paper Bag” means a paper bag provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment and that meets all of the following requirements: contains no old growth fiber, is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) Postconsumer Recycled Material; displays the words “Reusable and Recyclable" in a highly visible manner on the outside of the bag; displays the percentage of Postconsumer Recycled Material used; and and displays the name and location of the manufacturer. ---PAGE BREAK--- 4 L. “Restaurant” means a restaurant, take-out food establishment, or any other business that receives 90% or more of its revenue from the sale of Prepared Food to be eaten on or off its premises. M. “Reusable Bag” means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: 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; is machine washable or capable of being cleaned and disinfected; does not contain lead, cadmium, or any other heavy metal in toxic amounts as defined by applicable State and Federal standards and regulations for packaging or Reusable Bags if made of plastic, is a minimum of at least 2.25 millimeters thick. N. “Retail Establishment” means any commercial establishment that sells perishable and nonperishable goods including, but not limited to, clothing, food and personal items directly to the Customer, and is located within or doing business within the geographical city limits of the City of El Cerrito. Retail Establishments do not include Restaurants or Nonprofit Charitable Reuser organizations. O. “Single-Use Carry-out Bag” means a bag other than a Reusable Bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Single-Use Carry-out Bags do not include bags without handles provided to the Customer to transport produce, bulk food or meat from a produce, bulk food or meat department within a store to the point of sale. 8.22.040 – Plastic Carry-out Bags Prohibited. A. No Retail Establishment shall provide a plastic Single-Use Carry-out Bag to a Customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this Ordinance. B. This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to Produce Bags or Product Bags. 8.22.060 – Permitted Bags. All Retail Establishments shall provide or make available to a Customer only Recycled Paper Carry-out 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 Ordinance. Nothing in this Ordinance prohibits Customers from using bags of any type that they bring to the Retail Establishment themselves or from carrying away goods that are not ---PAGE BREAK--- 5 placed in a bag, in lieu of using bags provided by the store. 8.22.080 – Regulation of Recycled Paper Carry-out Bags. A. Any Retail Establishment that provides a Recycled Paper Carry-out Bag or Reusable Bag to a Customer must charge the Customer a minimum charge of five cents ($0.05) for each bag provided, except as otherwise provided in the Ordinance. B. Two years after the Ordinance is enacted a Retail Establishment that provides a Recycled Paper Carry-out Bag or Reusable Bag to a Customer must charge the Customer a minimum charge of ten cents ($0.10) for each bag provided, except as otherwise provided in the Ordinance. C. All Retail Establishments must indicate on the Customer receipt the number of Recycled Paper Carry-out Bags provided and the total amount charged for the bags. D. All monies collected by a Retail Establishment under this Ordinance will be retained by the Retail Establishment and may be used for any of the following purposes: 1. Costs associated with complying with the requirements of this Ordinance. 2. Actual costs of providing Recycled Paper Carry-out Bags. 3. Costs associated with a Retail Establishment's educational materials or education campaign encouraging the use of reusable bags, if any. 4. Funding reusable bag give-aways during limited-time store promotions. 8.22.100 - Use of Reusable Bags. A. All Retail Establishments may provide Reusable Bags to Customers. If provided, Retail Establishments may provide Reusable Bags either: 1. For sale; or 2. At a minimum charge of ten cents ($0.10) per bag during limited- time store promotions. 3. Retail Establishments need not charge for Reusable Bags that are given away as part of Reusable Bag giveaway events intended to ---PAGE BREAK--- 6 promote the use of Reusable Bags, not to exceed a total of 90 days in any consecutive 12-month period. B. Each Retail Establishment is strongly encouraged to educate its staff to promote Reusable Bags and to post signs encouraging Customers to use reusable bags. 8.22.120 – Exemptions A. Retail Establishments may provide at the point of sale, free of charge, either Reusable Bags or Recycled Paper Carry-out Bags or both, at the Retail Establishment's option, to any Customer participating in any of the following programs: 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; 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, the State Department of Social Services Food Stamp program; or other state or federal government-subsidized purchase programs for low-income residents. B. Restaurants and Nonprofit Charitable Resuer organizations are exempt from the provisions of this Chapter as specified in Section 8.22.040 - Definitions. 8.22.140 – Enforcement and Violation – Penalty. A. Any violation of this ordinance is punishable as specified in Chapters 1.08 or 1.14 of the El Cerrito Municipal Code or by any other applicable law. B. The City Manager or his or her designee has primary responsibility for enforcement of this Ordinance. The City Manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this Ordinance, including, but not limited to, investigating violations, issuing fines and entering the premises of any Retail Establishment during business hours. Other City of El Cerrito staff may assist with this enforcement responsibility by entering the premises of a Retail Establishment as part of their regular inspection functions and reporting any alleged violations to the City Manager. SECTION 3. Compliance with the California Environmental Quality Act. The findings for this Ordinance have been determined to be in compliance with the California Environmental Quality Act (“CEQA”). On April 11, 2013, the West Contra Costa Integrated Waste Management Authority (“Authority”) Board adopted Resolution 13-08 certifying the single-use bag reduction Environmental Impact Report (“EIR”) that analyzed the impacts of this single-use bag ordinance if adopted in cities ---PAGE BREAK--- 7 throughout the Authority, including the City of El Cerrito, as well as neighboring jurisdictions. The EIR was adopted pursuant to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. and California Code of Regulations, Title 14, Section 15000 et seq. (“CEQA Guidelines”). The EIR is incorporated by reference herein. Pursuant to Section 15096 of the CEQA Guidelines, the City of El Cerrito acts as a responsible agency for adoption of this ordinance within the City of El Cerrito. Upon independent review of the EIR and all the evidence before it, the City Council makes the following findings: A. The Final Environmental Impact Report is complete, correct, adequate, and prepared in accordance with CEQA, 14 California Code of Regulations section 15000 et seq., and the public comment period; and B. On the basis of the Initial Study, Notice of Preparation, Final EIR, and public comment received by both the Authority and the City of El Cerrito, there is no substantial evidence that the project as proposed will have a significant effect on the environment; and C. Adoption of this ordinance and analysis of the EIR reflects the independent judgment of the City Council of the City of El Cerrito; and D. None of the conditions listed in CEQA Guidelines section 15162(a) are applicable to adoption of this Ordinance, and adoption of this Ordinance is an activity that is part of the program examined by the Authority’s Final EIR and is within the scope of the project described in the Authority’s Final EIR. E. A Notice of Determination shall be filed pursuant to CEQA Guidelines section 15096. SECTION 4. Severability. 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 of the City of El Cerrito 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. SECTION 5. No Conflict with Federal or State Law. Nothing in this Ordinance is intended to create any requirement, power or duty that is in conflict with any federal or state law. ---PAGE BREAK--- 8 SECTION 6. Effective Date. This Ordinance shall take effect on January 1, 2014 and be enforced on July 1, 2014; prior to the expiration of fifteen (15) days from the passage thereof, the Ordinance or a summary thereof shall be posted or published as may be required by law, and thereafter the same shall be in full force and effect. The foregoing Ordinance was introduced at a regular meeting of the City Council on August 20, 2013, and passed by the following vote: AYES: NOES: ABSENT: Adopted and ordered published at a regular meeting of the City Council held on the Month, Day, 2013, and passed by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Gregory B. Lyman, Mayor ATTEST: Cheryl Morse, City Clerk IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on 2013. Cheryl Morse, City Clerk 2078355.1 ---PAGE BREAK--- City of El Cerrito to consider new food ware and bag regulations The proposed regulations would prohibit single-use plastic bags and food containers in El Cerrito. Public comments are welcome now through July 15. See back side for details. Los comentarios del público se recibirán desde ahora hasta el 15 de julio. Ver más detalles al dorso. La Ciudad de El Cerrito considerará nueva reglamentación para bolsas y recipientes de alimentos. La reglamentación propuesta prohibiría el uso de bolsas plásticas de un solo uso y recipientes de poliestireno para alimentos en El Cerrito. El Cerrito市考慮採用新的食品用具及購物袋法規。擬議法規將禁止在 El Cerrito市使用一次性塑料袋和聚苯乙烯食品容器。 歡迎各位市民在7月15日前提交意見。詳情請見背面。 ---PAGE BREAK--- City of El Cerrito to consider new food ware and bag regulations Attend a public meeting and learn more: June 11 at 7 p.m. and July 9 at 7 p.m. El Cerrito City Hall Council Chambers 10890 San Pablo Avenue, El Cerrito Read draft regulations at www.el-cerrito.org Send comments & questions to: City of El Cerrito Environmental Services 10890 San Pablo Avenue, El Cerrito, CA 94530 Garth Schultz, Environmental Analyst Request copies of draft regulations via email or phone [PHONE REDACTED], [EMAIL REDACTED] Comments due by July 15 Envíe comentarios hasta el 15 de julio 請於7月15日前提交意見 Envíe comentarios y preguntas a: 請將意見和 問題提交至： 10890 San Pablo Avenue El Cerrito, CA 94530 Presorted Standard US Postage PAID Oakland, CA Permit No. 2508 La Ciudad de El Cerrito considerará nueva reglamentación para bolsas y recipientes de alimentos. El Cerrito市考慮採用新的 食品用具及購物袋法規。 Asista a una reunión abierta al público y averigüe más: 請出席市民會議了解詳情：