Ordinance No. 14-2122 Amending section 9.17.130 of Chapter 9.17 of Title of the Cupertino Municipal code relating to the regulation of single-use carryout bags ORDINANCE NO. 14-2122
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTION 9.17.130 OF CHAPTER 9.17 OF TITLE 9 OF THE CUPERTINO
MUNICIPAL CODE RELATIIITG TO THE REGULATION
OF SINGLE-USE CARRYOUT BAGS
WHEREAS, pursuant to the provisions and requirements of the California
Environmental Quality Act of 1970, together with the State CEQA Guidelines
(collectively, "CEQA"), the lead agency County of San Mateo caused that certain County
of San Mateo Reusable Bag Ordinance and Final Environmental Impact Report
(SCH#2012042013) ("EIR") to be prepared for a model Reusable Bag Ordinance
("County Ordinance"); and
WHEREAS, the EIR analyzed impacts of the County of San Mateo's Ordinance if
an ordinance like the County Ordinance were adopted in 24 jurisdictions, including the
City of Cupertino.
WHEREAS, on October 23, 2012, the County of San Mateo Board of Supervisors
certified that the EIR was completed in compliance with CEQA and reflected the
independent judgment and analysis of the County;
WHEREAS, on January 15, 2013, the Cupertino City Council certified the EIR
and made findings of facts, specifically, that the EIR had been prepared in compliance
with CEQA and Cupertino's Ordinance fell within the scope of the EIR;
WHEREAS, on March 5, 2013, the Cupertino City Council adopted an
Addendum to the EIR (SCH#2012042013;) for a City Ordinance Relating to the
Regulation of Single-Use Carryout Bag ("City Ordinance") that is the nearly the same as
the County Ordinance but with minor revisions in order, which concluded that the City
Ordinance would not lead to new or substantially more severe significant impacts that
were not analyzed in the EIR;
WHEREAS, the City has determined to cap the minimum charge for recycled
paper bags at ten cents and to eliminate a future increase to twenty-five cents per bag;
and
WHEREAS, the ten-cent-per paper bag charge was analyzed in the EIR and
Addenda; and
Ordinance No. 14-2122
Page 2
WHEREAS, the City Council of the City of Cupertino is the decision-making
body for this Ordinance; and
WHEREAS, prior to taking action on this Ordinance, the City Council has
exercised its independent judgment in carefully considering the information in the EIR
and Addendum and finds that scope of this Ordinance falls within the previously
certified EIR and Addendum and no further environmental review is required.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Section 9.17.130 of Chapter 9.17 of Title 9 of the Cupertino Municipal
Code is amended to read as follows:
9.17.130 Single-Use Carryout Bag.
A. No person or retail establishment shall provide a single-use carryout bag to a
customer, at the check stand, cash register, point of sale or other point of departure for
the purpose of transporting food or merchandise out of the establishment except as
provided in this section or in section 9.17.140.
B. Effective October 1, 2013 a retail establishment may only make recycled paper
bags available to customers if the retailer charges a minimum of ten cents. Reusable
bags may be given by retailer without charge.
C. Notwithstanding this section, no retail establishment may make available for
sale a recycled paper bag unless the amount of the sale of such bag is separately
itemized on the sale receipt.
D. A retail establishment may provide one or more recycled paper bags at no cost
to any of the following individuals: a customer participating in the California Special
Supplement 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; a customer participating in the Supplemental Food Program pursuant
to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California
Welfare and Institutions Code; and a customer participating in Calfresh pursuant to
Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California
Welfare and Institutions Code.
Ordinance No. 14-2122
Page 3
SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall
give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 2nd day of September, 2014 and ENACTED at a regular meeting of the City Council
of the City of Cupertino the 7th day of October, 2014, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes: Wong, Sinks, Chang, Mahoney, Santoro
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
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Grace Schmidt, City Clerk Gilbert Wong, Mayor, City of ertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 14-2122, which was
enacted on October 7, 2014, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 8th day of October, 2014.
s
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate