Meeting Date: 5 June 2012
Prepared by: Sean Conroy, Ping & Bldg Services Manager
City Council
Agenda Item Summary
Name: Consideration ofthe first reading of an Ordinance amending the Carmel Municipal Code to ban the distribution of single-use plastic bags from retail establishments within the City of Carmel-by-the-Sea or, in the alternate-- defer action and direct staff to work with the business community.
Description: The proposed ordinance would ban single-use plastic carryout bags for all retail establishments in the City. Alternatively, the Council could also consider directing staff to develop a voluntary compliance program.
Overall Cost:
City Funds: N/ A
Grant Funds: N/ A
Staff Recommendation: 1) Adopt the first reading of the proposed ordinance, or 2) Defer action and direct staff to work with the business community to develop a voluntary compliance program.
Important Considerations: Communities throughout the state and across the country are recognizing the environmental impacts that single-use carryout bags, especially plastic bags, can have on the environment. The proposed ordinance would assist in protecting the aesthetic and environmental resources of the community.
Decision Record: On 9 May 2012 the Planning Commission recommended that the Council work with the business community to develop a voluntary compliance program to ban plastic bags rather than adopting a formal ordinance.
Attachments:
• Draft Ordinance
• Correspondence
• Initial Study/Negative Declaration (under separate cover)
Reviewed by:
Jason Stilwell, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR BURNETT AND MEMBERS OF THE CITY COUNCIL
FROM: SEAN CONROY, PLANNING & BUILDING SERVICES MANAGER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: 5 JUNE 2012
SUBJECT: CONSIDERATION OF THE FIRST READING OF AN
ORDINANCE AMENDING THE CARMEL MUNICIPAL CODE TO
BAN THE DISTRIBUTION OF SINGLE-USE PLASTIC BAGS
FROM RETAIL ESTABLISHMENTS WITHIN THE CITY OF
CARMEL-BY-THE-SEA OR, IN THE ALTERNATE-DEFER
ACTION AND DIRECT STAFF TO WORK WITH THE
BUSINESS COMMUNITY
BACKGROUND
Communities throughout the state and across the country are recognizing the
environmental impacts that single-use carryout bags, especially plastic bags, can have on
the environment. Ordinances banning single-use bags are becoming more common as
communities seek to address problems related to litter and solid waste. Due to the fact
that plastic takes a long time to break down or decompose (frequently estimated to be
hundreds of years), plastic litter causes a cumulatively adverse impact on both the natural
and manmade environments.
Several California cities have prepared and adopted environmental review documents
related to ordinances banning single-use carryout bags including, but not limited to, the
City of San Jose, the City of Manhattan Beach, the City of Monterey, the County of Santa
Cruz, and the City of Sunnyvale. These documents have unanimously concluded that
these ordinances will not have a significant impact on the environment.
While there are approximately 270 commercial businesses in the City, there are no large
scale supermarkets or big box stores that are typically the largest providers of single-use
carryout bags. Many of the retail businesses either have minimal or no single-use plastic
carryout bags.
Staff presented a draft ordinance to the Planning Commission on 9 May 2012 that would
ban plastic bags, encourage reusable bags, and require a fee for the distribution of
recycled content paper bags. A summary of the Commission’s review is outlined below.
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PLANNING COMMISSION REVIEW
Approximately 19 individuals spoke during the Commission’s public hearing. There was
a mix of both supporters and those that were opposed to the ordinance. The primary
concern raised by those opposed to the ordinance was regarding the requirement that
businesses charge their patrons a fee for paper bags. It was pointed out on several
occasions that most of the city’s shoppers are visitors from out of the area that are not
likely to bring reusable bags with them on their trip. Many business owners were
concerned with the negative impression that charging patrons for bags could create. It
should be noted that there were business owners that did speak in favor of the ordinance.
During the hearing it was suggested that the City work with the business community to
develop a voluntary program to ban plastic bags rather than adopting a formal ordinance.
The Planning Commission voted 3-0 to recommend that the Council not adopt the
proposed ordinance and consider developing a voluntary program with the business
community.
VOLUNTARY COMPLIANCE OPTION
Many members of the business community have expressed support for eliminating plastic
bags. One possible option would be to provide a certificate or some type of recognition
to businesses that elected to voluntarily ban plastic bags. A voluntary program could
potentially have a similar environmental benefit without the need to adopt a formal
ordinance.
REVISED ORDINANCE OPTION
Staff has prepared a revised ordinance for the Council’s consideration. The revised
ordinance would eliminate the use of single-use plastic bags by all retail establishments
and would encourage the use of reusable bags. The requirement that businesses charge
for paper bags has been removed from the ordinance.
The proposed ordinance would prohibit retail establishments from providing single-use
plastic bags 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.
Banned plastic bags would not include bags without handles used to transport produce,
bulk food/candy, meat etc., to hold prescription medication, or to segregate food or
merchandise that could damage or contaminate other food or merchandise when placed
together in a reusable bag or paper bag.
Below is a summary of the exemptions contained in the ordinance followed by a brief
justification for the exemption.
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Restaurants: There have been lawsuits filed over the adoption of plastic bag bans in
other California communities. One of the arguments has been that plastic bags are safer
to carry hot carryout food from restaurants. For this reason, Monterey and other
communities have exempted restaurants from their proposed ordinances. Staff is also
proposing to exempt restaurants at this time.
Nonprofits: This exemption was included to avoid any negative fiscal impacts to
nonprofit organizations.
Other: The ordinance does include a provision that the City Administrator could exempt
a business from the ordinance if a demonstrated hardship was presented.
The ordinance would also include a six month grace period from the date of adoption.
This would allow businesses to use any inventory of single-use plastic bags that they may
have already purchased and allow for time to prepare for the new requirements of the
ordinance.
EVALUATION
Environmental Review: One of the primary reasons for the California Environmental
Quality Act (CEQA) is to disclose potential environmental impacts associated with a
project to decision-makers and the public prior to final action on a project. An Initial
Study (IS) was prepared for the originally proposed ordinance in accordance with section
15063 of the CEQA guidelines. Based on the IS staff determined that the project would
not cause a significant effect on the environment and has prepared a Negative Declaration
(ND). The IS and ND were circulated for public review and comment from March 28th
through April 17th of 2012. The City received 11 comments, 10 of which were
supportive of the proposal.
Staff has made changes to the IS/ND (shown in strikeout and underline) to address the
proposed revisions to the ordinance. Section 15073.5 of the CEQA Guidelines requires
that an IS/ND be recirculated for public comment if it has been substantially revised or
new impacts requiring mitigation have been identified. The proposed revisions are
considered minor and do not require recirculation of the IS/ND.
The IS/ND shall only be adopted if there is no substantial evidence in light of the whole
record that the project will have a significant effect on the environment that cannot be
mitigated or avoided. CEQA Guidelines Section 15384 defines substantial evidence as:
“…enough relevant information and reasonable inferences from this information
that a fair argument can be made to support a conclusion, even though other
conclusions might be reached…Substantial evidence shall include facts,
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reasonable assumptions predicated upon facts, and expert opinion supported by
facts.”
Substantial evidence does not include arguments, speculation, unsubstantiated opinion or
narrative, clearly inaccurate or erroneous evidence or socioeconomic impacts not related
to the physical environment.
If the Council determines that substantial evidence exists that the project may have a
significant environmental impact, staff must be directed to identify mitigation measures
or to prepare an Environmental Impact Report (EIR). Staff has determined that no
substantial evidence exists in the current record that the proposed ordinance would have a
significant environmental impact. No environmental review would be required if the
Council elected to develop a voluntary compliance program.
Proposed Ordinance: The City of Carmel has long been an advocate for environmental
protection. The City’s General Plan establishes a clear goal of protecting, conserving and
enhancing its unique natural beauty and irreplaceable natural resources. While paper
bags are water and energy intensive to produce, they do not pose the same environmental
impacts that plastic bags do related to pollution and harm to wildlife (see IS for more
information). This is particularly true for the City with its pristine beach and its location
adjacent to Carmel Bay, which has been designated as an Area of Special Biological
Significance. Staff also understands many of the concerns expressed by the business
community regarding requiring a charge for paper bags.
For these reasons, staff is supportive of a ban that focuses on plastic bags at this time.
Staff notes that the City Council could consider including a requirement that businesses
use only recycled content paper bags.
General Plan Consistency: The proposed ordinance is supported by, and consistent
with, at least the following Goals, Objectives and Policies of the Carmel-by-the-Sea
General Plan:
G1-2: Preserve the residential village character and perpetuate a balance of land uses
compatible with local resources and the environment. (LUP)
O1-6: Recognize the natural resources and scenic quality of Carmel as a coastal
community and allow uses in the community that are consistent with local needs, the
Carmel Local Coastal Plan, and the California Coastal Act.
G1-6: Protect, conserve and increase Carmel's available water resources and water
quality.
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G5-2: Establish and implement a comprehensive shoreline management program for the
beach, bluffs and dunes that mitigates degradation caused by public use and natural
forces.
O5-6: Keep the beach free of refuse.
G5-3: Protect, conserve and enhance the unique natural beauty and irreplaceable
natural resources of Carmel and its Sphere of Influence, including its biological
resources, water resources, and scenic routes and corridors.
G5-12: Identify, protect and manage Environmentally Sensitive Habitat Areas (ESHAs)
to ensure their long-term integrity and the biological productivity of these habitats.
P5-184: Maintain, enhance, and where feasible, restore marine resources. Special
protection shall be given to areas and species of special biological or economic
significance. Uses of the marine environment shall be carried out in a manner that will
sustain the biological productivity of coastal waters and that will maintain healthy
populations of all species of marine organisms adequate for long-term commercial,
recreational, scientific, and educational purposes (Section 30230, California Coastal
Act)
P5-185 Maintain and restore, where feasible, the biological productivity and the quality
of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain
optimum populations of marine organisms and for the protection of human health,
through, among other means, minimizing adverse effects of waste water discharges and
entrainment; controlling runoff; preventing depletion of ground water supplies and
substantial interference with surface water flow; encouraging waste water reclamation;
maintaining natural vegetation buffer areas that protect riparian habitats; and,
minimizing alteration of natural streams.
P6-9: Work with service providers, commercial businesses and residents to minimize the
amount of waste going to landfills through improved recycling efforts and programs.
G7-1: To protect, conserve and enhance the unique natural beauty and irreplaceable
natural resources of Carmel and its Sphere of Influence.
P7-18: Adopt and encourage sustainable practices that promote energy efficiency,
improve air quality and preserve natural resources when consistent with the City's
diverse design traditions.
RECOMMENDATION
1) Adopt the first reading of the proposed ordinance; or
2) Direct staff to work with the business community to develop a voluntary
compliance program.
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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2012-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA AMENDING THE CARMEL MUNICIPAL CODE TO
BAN THE DISTRIBUTION OF SINGLE-USE PLASTIC BAGS FROM RETAIL
ESTABLISHMENTS WITHIN THE CITY OF CARMEL-BY-THE-SEA
(FIRST READING)
WHEREAS, The City of Carmel-by-the-Sea is a unique coastal community that
prides itself in its community character and environmental resources; and
WHEREAS, the General Plan encourages the City to protect, conserve and
enhance the unique natural beauty and irreplaceable natural resources of Carmel and its
Sphere of Influence, including its biological resources, water resources, and scenic routes
and corridors; and
WHEREAS, the General Plan encourages the City to maintain the community,
and the beach in particular, free from refuse; and
WHEREAS, the General Plan encourages the City to maintain and restore, where
feasible, the biological productivity and the quality of coastal waters, streams, wetlands,
estuaries, and lakes appropriate to maintain optimum populations of marine organisms
and for the protection of human health; and
WHEREAS, single-use plastic carryout bags contribute to a persistent litter
problem that is of growing concern for the health of waterways locally and worldwide;
and
WHEREAS, most plastic carryout bags do not biodegrade and instead persist in
the environment for hundreds of years, slowly breaking down through abrasion, tearing
and photo degradation into toxic plastic bits that contaminate soil and water while
entering the food web when animals inadvertently ingest these materials;
WHEREAS, the proposed ordinance will eliminate the use of single-use plastic
carryout bags by all retail establishments and encourage the use of reusable bags.
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NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF CARMEL-BY-THE-SEA does hereby resolve to:
Adopt an ordinance amending the Carmel Municipal Code to ban single-use
plastic carryout bags from all retail establishments within the City of Carmel (see
Exhibit “A”).
Severability. If any part of this ordinance, even as small as a word or phrase, is found to
be unenforceable such finding shall not affect the enforceability of any other part.
Effective Date. This ordinance shall become effective six months days after final
adoption by the City Council.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this ___ day of ________ 2012 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
JASON BURNETT, MAYOR
ATTEST:
_________________________________
Heidi Burch, City Clerk
120
EXHIBIT “A”
CMC 8.74 Single-Use Plastic Carryout Bags Draft Ordinance
(Revisions since Planning Commission hearing shown in strikeout and underline)
8.74.010 - Purpose
The production and disposal of single-use plastic bags, especially plastic bags, causes
significant environmental impacts including contamination of the environment, the deaths
of marine animals through ingestion and entanglement, and widespread litter. The
purpose of this to ordinance is to protect, conserve and enhance the City’s unique natural
beauty and irreplaceable natural resources through the elimination of single-use plastic
carryout bags and by encouraging the use of reusable bags. This ordinance shall become
effective six months after final adoption.
8.74.020 – Definitions
A. A “single-use plastic carryout bag” is defined as a plastic bag, other than a
reusable bag or recycled bag, provided at the check stand, cash register, point of
sale, or other point of departure for the purpose of transporting food or
merchandise out of the establishment. Single-use plastic carryout bags do not
include bags, a maximum of 11” x 17”, without handles provided to the customer
(1) to transport produce, bulk food, candy or meat from a product, bulk food or
meat department within a store to the point of sale; (2) to hold prescription
medication dispensed from a pharmacy; or (3) to segregate food or merchandise
that could damage or contaminate other food or merchandise when placed
together in a bag.
B. A “ reusable bag” is defined as a bag with handles that is specifically designed
and manufactured for multiple reuse and is either: (1) made of cloth or other
machine washable fabric; or (2) made of other durable material suitable for reuse.
C. A “recycled paper bag” is defined as a bag that contains no old growth fiber
and a minimum of 40% post-consumer recycled content, is 100% recyclable,
and has printed in a highly visible manner on the outside of the bag the words
“Reusable” and “Recyclable”, the name and location of the manufacturer, and the
percentage of post-consumer recycled content.
8.74.030 - Applicability
No retail establishment, that sells perishable or nonperishable goods including, but not
limited to, clothing, food, and personal items directly to the customer, shall provide a
single-use plastic carryout bag to a customer at the check stand, cash register, point of
sale or other point of departure for the purpose of transporting food or merchandise out of
the establishment except as provided in this Section. A reusable bag or a recycled bag
may be provided to the customer, pursuant to this Section.
A. Public eating establishments, defined as restaurants, take-out food establishments,
121
or any other business that receives 90% or more of its revenue from the sale of
food which is prepared on the premises, to be eaten on or off its premises, are not
considered retail establishments for the purpose of this Ordinance.
B. Nonprofit charitable re-users, which is a charitable organization as defined in
Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating
unit or division of the charitable organization, that re-uses and recycles donated
goods or materials and receives more than 50% of its revenues from the handling
and sale of those donated goods or materials, are not considered retail
establishments for the purpose of this Ordinance.
C. Six (6) months from the Ordinance’s final passage and adoption, a retail
establishment may make available for sale to a customer a recycled paper bag for
a minimum charge of 10 cents ($0.10). Twelve (12) months from the Ordinance
final passage and adoption, a retail establishment shall raise the cost it charges a
customer for a recycled paper bag to a minimum charge of twenty-five cents
($0.25). A retail establishment may also make available to the customer, a
reusable bag.
D. Notwithstanding this Section, when a recycled paper bag is distributed to the
customer, the amount of the sale of the recycled paper bag shall be separately
itemized on the sales receipt.
E. A retail establishment may provide 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; and 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,
with one or more recycled paper bags at no cost or reusable bags.
8.74.040 – Exemption
The City Administrator, or his/her designee, may exempt an affected entity from the
requirements of this chapter for a period of up to one additional year after the operative
date of this Ordinance, upon sufficient showing by the applicant that the provisions of
this chapter would cause undue hardship. The phrase undue hardship includes:
1. Situations where the are no acceptable alternatives to single use plastic
carryout bags for reasons which are unique to the entity;
2. Situations where compliance with the requirements of this chapter would
deprive a person of a legally protected right.
8.74.040 - Recordkeeping and Inspection
All retail establishments shall keep complete and accurate records or documents of the
purchase and sale of any recycled paper bag by the retail establishment, for a minimum
period of one year from the date of purchase and sale, which record shall be available for
122
inspection at no cost to the City during regular business hours by any City employee
authorized to enforce this Section. Unless an alternative location or method of review is
mutually agreed upon, the records or documents shall be available at the retail
establishment address. The provision of false information, including incomplete records
or documents to the City shall be a violation of this Section
8.74.050040 – Enforcement
Violations of this chapter may be enforced with this section.
A. The City Administrator, or his/her designee shall be responsible for enforcing this
chapter and shall have authority to issue citations for violations.
B. Anyone violating or failing to comply with any of the requirements of this chapter
shall be guilty of an infraction.
C. The City Attorney may seek legal, injunctive, or other relief to enforce the
provisions of this chapter.
D. The remedies and penalties provided in this chapter are cumulative and not
exclusive of one another.
E. Violations of this chapter shall be enforced as follows:
1. For the first violation, City Administrator or designee shall issue a written
warning specifying that a violation of this chapter has occurred and which further
notifies the retail establishment of appropriate penalties to be assessed in the event
of future violations. The establishment will have 30 days to comply.
2. The following penalties will apply for subsequent violations of this chapter:
a. A fine not exceeding $100.00 for the first violation 30 days after the first
warning.
b. A fine not exceeding $200.00 for the second violation 60 days after the first
warning.
c. If not in compliance 90 days after the first warning, the establishment may
be scheduled for a business license revocation hearing with the Planning in
accordance with CMC Section 5.12.040.
123
124
Sean Conroy
From:
Sent:
To:
Subject:
Dear Mr. Conroy:
ZJL3@aol.com
Thursday, April 12, 2012 2:59 PM
Sean Conroy
Single-use Carryout Bag Ordinance
This ordinance is ill conceived and should not be passed. It is backed by the radical fringe of the environmental movement
and serves little useful purpose. No concrete evidence has been produced proving one-use bags are a detriment to the
well being of Carmel-by-the-Sea, its citizens, or visitors.
On the contrary, it would be a considerable inconvenience to elderly citizens, visitors unfamiliar with such an ordinance,
and merchants of all categories, especially in the food service industry. It has not worked well in other communities.
I personally recycle, without exception, every plastic or paper bag I receive during my shopping routines. If forced to carry
an assortment of reusable shopping bags with me on every visit to Carmel merchants or markets, I will either refuse to
comply with the ordinance or shop outside Carmel.
Very truly yours, cc: my 50 retail tenants in Carmel-by-the-Sea
Zigmont J. Le Towt Ill
125
·0~~,~~=:-e·
4/ 16/2012
.'\dvc...:cC'J
Ar;;·jr,;·
Mr. Sean Conroy
Planning & Building Services Manager
City of Cannel-by-the-Sea
P.O. Drawer G,
Cannel-by-the-Sea, California 93921
Email: sconroy@ci.cannel.ca. us
RE: Letter of Support for Single-Use Bag Reduction Ordinance
Dear Mayor and Members of the Cannel City Council,
345 Lake Avenue, Suite A
Santa Cruz, CA 95062
831.462.5660
F. 831.462.6070
www.saveourshores.org
We are writing in response to the initial Environmental Study for the Single Use Plastic Bag ordinance drafted by the City
of Cannel. Save Our Shores is very pleased that the city has moved forward on this important issue.
We would be pleased to have you include our data in the initial study which shows from March 2007 to April 20 12, Save
Our Shores cleanup volunteers removed over 34,000 plastic bags from local beaches and waterways. Of those 34,000
plastic bags, 4,449 came from Monterey county beach cleanups.
Three comments that we would like to make about the language in the ordinance: (1) We know from our data that
restaurant take out bags are just as much a part of the problem as bags from other retail establishments. In fact, probably
more of these bags find their way to the beaches since people carry take-out food with them to the beach to enjoy food
there. Therefore we support the addition of restaurants to this ordinance now or in the near future. (2)We believe that the
exception in item 7 last paragraph that bags used to "hold prescription medications dispensed from a pharmacy" should
not be included in this ordinance because these bags could easily be replaced by a customer's reusable bag or a paper bag
with no fee. (3)We do not support the exemption for non-profit organizations as these businesses should support this
reduction in litter in our community as well.
Save Our Shores appreciates how closely the city has worked with our organization on this ordinance and we look
forward to assisting the city with implem~ting this ordinance. We thank all local representatives for their time and
energy spent on this issue and we look forward to this beneficial change happening quickly and effectively in Carmel.
Sincerely,
LauraKasa
Executive Director of Save Our Shores
We connect people to the ocean. We show them how their actions affect
the marine environment, and offer choices to make a positive impact.
126
Supporters of reducing single-use shopping bags in the Central Coast of California.
Cypress Inn
Intercontinental, Clement Monterey Hotel
Maiden Pub lick House
Pacific Motor Service
Aromas Auto Repair
EMC Planning Group
Mustang Beginnings
Sprout Boutique
Forest Lounge
Lamplighter Inn
Vagabonds House
Terry's Lounge
Carmel Belle
LUSH Cosmetics
Basil Restaurant
Girl Boy Girl
Paloosh
Acme Coffee
Happy Girl Kitchen Company
Alfresco
Charlie Hong Kong
MacDonald Design
Robin's Jewelry
Creme De Canna
Coffee House of Fishermen's Wharf
Passion Purveyors
Marine Life Studies
River Cafe
Cascade Bar and Grille
Greenspace
Plato's Closet
Alpha Stationers
Chartreuse
Artisana Gallery
127
Supporters of reducing single-use shopping bags in the Central Coast of California
Oceana, Geoff Shester, Ph.D.
Ecology Action, Kirsten Liske
Plastic Pollution Coalition, Daniella Russo
Defenders ofWildlife, Jim Curland
Sustainable Salinas, Levi Jimenez
Sustainable Pacific Grove, Vicki Pearse
Sustainable Carmel Valley, Mibs McCarthy
Sustainable Seaside, Kay Cline
Sustainable Carmel, Kristi Riemers
The Offset Project, Kristin Cushman
Surfer's Environmental Alliance, Jim Littlefield
Clean Beaches Coalition, Emily Glanville
Surfrider, Santa Cruz Chapter, Jim Littlefield
Monterey Green Action, Janice Archuleta
Coastal Watershed Council, Greg Pepping
Ocean Revolution, J Nichols
The Clean Oceans Project, Nick Drobac
Return of the Natives, Laura Lee Leink
Citizens For Sustainable Marina, Luana Conley
Big Sur Advocates for a Green Environment, Lynda Sayre
Sea Studios, Mark Shelley
Buckminster Fuller Institute, Will Elkins
Monterey Coast Keeper, Steve Shimek
The Otter Project, Steve Shimek
Sealife Conservation, Dave Robinson
Monterey Peninsula Plastic Pollution Initiative
Pacific Grove Middle School Ocean Guardians
Ventana Wildlife Society
Big Sur Land Trust
Ventana Wilderness Alliance
Everyone's Harvest
Environmental Cleanup Coalition
Environment California
Everyone's Harvest
CCSA Supporting Businesses:
EcoCarmel
New Leaf Community Markets
Passionfish
128
Supporters of reducing single-use shoppin~ bags in the Central Coast of California.
4/16/2012
Mr. Sean Conroy
Planning & Building Services Manager
City of Cannel-by-the-Sea
P.O. Drawer G,
Cannel-by-the-Sea, California 93921
Email: sconroy@ci.cannel.ca.us
RE: Letter of Support for Single-Use Bag Reduction Ordinance
Dear Mayor and Members of the Cannel City Council,
We are writing in response to the initial Environmental Study for the Single Use plastic bags ordinance drafted by
the City of Cannel. We the CCSA, are very pleased that the city has moved forward on this important issue.
The objectives this Alliance are to meet with key city officials in all local jurisdictions surrounding the Monterey
Bay National Marine Sanctuary to present our data on plastic bag litter and encourage them to put forth a singleuse
bag ban modeled after the successful ban adopted by the County of Santa Cruz. Members of the Alliance are
encouraged to attend key city council and Board of Supervisors meetings to make public comment in support of
the bans or sign on to letters of support. Members of the Alliance are also encouraged to do outreach to their
constituents to educate the public about the need for a ban in order to gather their support. This may include
trying to get members of the public to sign on to our petitions asking for local governments to support the bans.
The CCSA supports this ban on single-use plastic bags coupled with a fee on all other single use bags within the
city of Cannel. We thank all local representatives for their time and energy spent on this issue and we look
forward to this beneficial change happening quickly and effectively in Cannel.
Sincerely,
LauraKasa
Executive Director of Save Our Shores
CCSA Organizer
CCSA Member Organizations:
Save Our Shores, Laura Kasa
Surfrider, Monterey County Chapter, Xi.mena Waissbluth
129
Sean Conroy
From:
Sent:
To:
Subject:
Sean,
Jonathan Sapp Uws@sapp.net]
Tuesday, April17, 201212:15 PM
Sean Conroy
CMC 8.74 Single-Use Carryout Bags Draft Ordinance
I am in complete support of the proposed Single-Use Carryout Bags Draft Ordinance and urge the Planning Commission and the
City Council to adopt it.
Thanks,
Jonathan W. Sapp
Post Office Box 4948
Carmel-by-the-Sea, CA 93921-4948
Mobile: 831-747-7499
130
Sean Conroy
From:
Sent:
To:
Subject:
Hello Sean,
Lee Larrew [lee@carmelcalifornia.org]
Tuesday, April17, 2012 12:44 PM
Sean Conroy
Plastic Bag Ban
As a resident of Carmel-by-the-Sea, I spend as much time as possible walking its streets and frequenting its
beaches. Walking to work every day I see firsthand the litter of plastic bags clogging drains and bag remnants
flapping in the breeze. It is unsightly and an embarrassing detriment to the lifestyle I sought when I first moved
to Carmel from a metropolitan area. Furthermore, plastic bans are the antithesis of the life I seek to maintain
here. Carmel's heritage is one of people with progressive thought and action and a plastic bag ban remains
true to this ideal.
As a volunteer kayak naturalist for the Montery Bay Marine Sanctuary, I am well aware of the dangers caused
by plastic bags on the precious bird and marine life on and in our own Carmel bay and the greater Monterey
Bay as a whole. Turtles, birds and even larger marine life like sea otters, seals and sea lions can face
devastating results when mistakenly eating or becoming ensnared in plastic bags. These animals deserve to
be protected by the stewards who have the ability to make choices on their behalf.
As a volunteer steering committee member for Sustainable Carmel, I wholeheartedly endorse their support of a
plastic bag ban in Carmel. This measure would ensure the conservation, protection and enhancement of both
the quality of human life in Carmel and the marine life in our oceans.
Thank you for your serious consideration of this measure.
Nancy Lee Larrew
Carmel, CA
ue
Lee Larrew
Membership Services Manager
Carmel Chamber of Commerce
PO Box4444
Carmel CA 93921
831-624-2522 X 205
www.carmelcalifornia.org
This email has been scanned by the Symantec Email Security.cloud service.
131
Sean Conroy
From:
Sent:
To:
Subject:
Dear Sean-
Edgemere [info@edgemerecottages.com]
Tuesday, April17, 2012 2:02PM
Sean Conroy
single use bag ban in Carmel-by-the-Sea
We are residents and business operators in Carmel by the Sea. We love our city, near the beach! We are fully in support
of the single use bag ban in Carmel. We urge the Planning commission and city council to adopt such a ban at its May
gth meeting. The benefit to our town and the wildlife here, and the Carmel River is immeasurable.
As one of the members of Sustainable Carmel, Gretchen is thrilled that this is happening now ... we have always tried to
"Reduce, Re-use, and Recycle"
Thank you for your consideration.
Gretchen Siegrist & Doug Ortega
Innkeepers
Edgemere Cottages
P.O. Box 2458
Carmel-by-the-Sea, CA 93921
831-624-4501
1-866-241-4575 toll free
132
Sean Conroy
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Subject:
Margaret Eaton [maggie@ronandmaggie.com]
Tuesday, April17, 2012 2:11PM
Sean Conroy
Jason K. Burnett
Plastic Bag Ban in Carmel
Hello--! am writing to support a ban on the use of plastic bags in Carmel. They are an unnecessary source of
litter and they harm the environment when they do such things as clog storm drains and get swept into the ocean
(see below for a short description of some of the harm that ocean plastics cause). Locally, Save Our Shores
beach clean up efforts have recovered 34,000 of these bags from the Monterey County beaches and waterways
from Spring 2007 to February 2012. Since these beach clean up days occur only intermittently, we know that
this is just a fraction of what is out there. Save Our Shores also posts a photo of a mother sea otter in Elkhorn
Slough frantically trying to rescue her pup who was enclosed in a plastic bag.
http:/ /saveourshores.blogspot.com/20 10/01 /ever-wonder-how-plastic-affects-animals.html The attempt was
unsuccessful and the photographer had to intervene to save the pup's life.
Ample evidence exists that these bags are not recycled (less than 8% of plastic waste in the US is recycled
according to the EPA http://www.epa.gov/osw/conserve/materials/plastics.htm and, in California, the 2009
statewide recycling rate for regulated plastic carryout bags was found to be about 3 percent
http://www .calrecycle.ca.gov/Plastics/ AtStore/ Annua1Rate/2009Rate.htm ).
It would be wonderful if we could keep some of this plastic out of our environment by banning the use of
plastic bags. More and more cities are doing so
(http:/lnews.nationalgeographic.com/news/energy/2011/05/110503-plastic-bags-bans-and-taxes-multiplying/ )
and Monterey is ahead of us in this effort. Given that Carmel attracts residents and visitors because it is
beautiful with its urban forest and lovely beach, we should not be a source of this harmful trash.
Thank you for considering my views.
Margaret Eaton
26215 Hilltop Place, Cannel, CA 93923
This is an excerpt from:
Science, Vol. 329, pp. 11 85-1188, published online August 19 2010
Plastic Accumulation in the North Atlantic Subtropical Gyre
Kara Lavender Law, Skye Moret-Ferguson, et al.
Plastics are a major contaminant in the world's oceans. Their chemically engineered durability and slow rate ofbiodegradation (l)
allow these synthetic polymers to withstand the ocean environment for years to decades or longer a). Environmental impacts of ocean
plastic are wide-ranging Q) and include entanglement of marine fauna (1), ingestion by seabirds and organisms ranging in size from
plankton to marine mammals (1, ~. dispersal of microbial and colonizing species to potentially non-native waters (Q, 7), and
concentration and transport of organic contaminants to marine organisms at multiple trophic levels ~-lQ) . ... [h]igh concentrations of
floating plastic debris have been found in the Pacific Ocean lli-H), .. .
References and Notes
133
1. ..1 M. Sudhakaret al., Biofouling and biodegradation of polyolefins in ocean waters. Polym. Degrad. Stabil. 92, 1743 (2007).
CrossRef
2. . ..1 D. Shaw, R. Day, Colour- and form-dependent loss of plastic micro-debris from the North Pacific Ocean. Mar. Pollut. Bull.
28, 39 (1994) .. CrossRefWeb of Sci-me£
3. ..1 M. R. Gregory, Environmental implications of plastic debris in marine settings: Entanglement, ingestion, smothering,
hangers-on, hitch-hiking and alien invasions. Philos. Trans. R. Soc. London Ser. B 364, 2013 (2009). Abstract/FREE Full Text
4. .J D. W. Laist, Overview of the biological effects oflost and discarded plastic debris in the marine environment. Mar. Pollut.
Bull. 18,319 (1987). CrossRefWebofScienc~
5. . .J R. C. Thompsonet al., Lost at sea: Where is all the plastic? Science 304, 838 (2004). FREE Full Text
6. ..1 H. Webb, R. Crawford, T. Sawabe, E. lvanova, Poly (ethylene terephthalate) polymer surfaces as a substrate for bacterial
attachment and biofilm formation. Microbes Environ. 24, 39 (2009). Medline
7. . ..1 D. K. Barnes, Biodiversity: Invasions by marine life on plastic debris. Nature 416, 808 (2002). rrossRefMedllne
8. ..1 Y. Matoet al., Plastic resin pellets as a transport medium for toxic chemicals in the marine environment. Environ. Sci.
Techno!. 35, 318 (2001). Medline.
9. . E. L. Teuten, S. J. Rowland, T. S. Galloway, R. C. Thompson, Potential for plastics to transport hydrophobic contaminants.
Environ. Sci. Tecbnol. 41, 7759 (2007). Medline
10. ..1 E. L. Teutenet al., Transport and release of chemicals from plastics to the environment and to wildlife. Philos.
Trans. R. Soc. London Ser. B 364, 2027 (2009). AbstracUFREE Full Text
11. ..1 C. S. Wong, D. R. Green, W. J. Cretney, Quantitative tar and plastic waste distributions in Pacific Ocean. Nature
247, 30 (1974). CrossRef
12. D. G. Shaw, G. A. Mapes, Surface circulation and the distribution of pelagic tar and plastic. Mar. Pollut. Bull. 10,
160 (1979). RefWeb of Science
13. R. H. Day, D. G. Shaw, Patterns in the abundance of pelagic plastic and tar in the North Pacific Ocean, 1976-1985.
Mar. Pollut. Bull. 18, 311 (1987). CrossRefWeb of Science
14. ..1 R. H. Day, D. G. Shaw, S. E. lgnell, The quantitative distribution and characteristics of marine debris in the North Pacific
Ocean, 1984- 88. Proceedings of the Second International Conference on Marine Debris U.S. Dept. Commerce, NOAA Tech.
Memo NOAA-TM-NMFS-SWFCC-154, pp. 182-211 (1990).
134
Sean Conroy
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Hi Sean,
Susan Spiegel [animart@pacbell.net]
Tuesday, April17, 2012 3:39PM
Sean Conroy
CMC 8.74 Single Use Carry-Out Bags Ordinance
I just wanted to send you a quick note to go on record that I fully support
Carmel's proposed single use bag ordinance and I hope that the City moves
forward implementing this as soon as possible.
Best Regards,
Susan Spiegel
Residence: Monte Verde 2 NW 7th Rear House
Business: San Carlos 2 SW Ocean
Susan Spiegel, Realtor
831-915-5585
Keller Williams Realty
Top Producer
susan@susanspiegel.com
www.susanspiegel.com
I LOVE referrals!
135
Sean Conroy
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Maggie,
Mary Ann Schicketanz [maryann@carverschicketanz.com]
Tuesday, April17, 2012 4:05PM
Margaret Eaton; Sean Conroy
Jason K. Burnett
RE: Plastic Bag Ban in Carmel
Thank you for this very informative e-mail, I would like to support the effort and hope that the plastic
bag ban will be successful.
Thank you for your consideration,
Mary Ann
Mary Ann Gabriele Schicketanz
Studio Schicketanz
Carver + Schicketanz Architects
PO Box 2684, Carmel, CA 93921
Phone: 831.624.2304 x17
Fax: 831.624.0364
E.Mail: maryann@carverschicketanz.com
Web: www.carverschicketanz.com
-Please note that our office will be closed for remodel from Friday, April13 through Monday,
April 30th. During this closure we will have very limited access to email.
PLEASE NOTE: We use an email filter to clean viruses and filter spam. Please take the time to verify
receipt of any important or time-sensitive email sent to us.
136
Sean Conroy
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Subject:
adrienne herman [ashcarmel@gmail.com]
Tuesday, April17, 2012 6:22PM
Sean Conroy
Plastic Bag Ban
Horray!!! So glad to see Cannel moving in the right direction with this ordinance. As you probably heard at
the 3 Candidates' Forums that were held prior to elections, at each and every one, the plastic bag ban was
mentioned and there was no hesitation expressed in people's understanding of the necessity of doing this. At the
third forum, there was a rousing ovation of citizens in favor of the ban. We've come a long way from just a
short while ago when people didn't understand why this might be prudent, to today, where the vast majority of
our citizenry understands the needs of the ocean, the forest, our wildlife, and our need to be leaders in the ecomovement!
I'm hoping that Cannel will one day become an eco-destination for world wide tourism and world
wide conferences. This is a step in the right direction to see that day will arrive! Besides, picking up people's
flown away plastic bags from Mission Trail, Cannel Beach, and the street in front of my house has become
increasingly unpleasant. Hoping this ban will be extended to restaurants and non-profits and any and all
businesses in town eventually.
Thank you,
Adrienne Herman
resident and business owner
A. Herman Dog Therapist LLC
P.O. Box 1392
Cannel 93921
831-624-8000
137
Sean Conroy
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Hi Sean,
Morrill Martha [mlmorrill@mac.com]
Tuesday, April17, 2012 5:37PM
Sean Conroy
Plastic bag ban
Thank you for all of the time that you have, are and will put in working on the ban of the 'one use' plastic bags.
With the increasing awareness of the huge/negative impact these have on our environment, it is wonderful to
see Carmel taking a stance against them.
Please let me know if there is anything that I can do to assist you with this initiative moving forward.
All best,
Martha Morrill
POBox 223516
Carmel, CA 93922
138
- -I
I
WHATDDYDU ' •
I SUPPORT THE BANNING
OF SINGLE USE BAGS
I
For more information "Like" us on facebool<. I.
www.facebook.com/sustainablecarmel
,--1
139
Sean Conroy
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Attachments:
Dear Sean,
kristi@ecocarmel.com
Tuesday, April17, 2012 5:25PM
Sean Conroy
Adam Jeselnick; Ellen Gannon; info@edgemerecottages.com; Jonathan Sapp; Kristi Reimers;
Lee Larrew; Mary Ann Schicketanz; Ray Davi; Richard Julian; Ruth Smith; Safwat Malek;
Susan Spiegel; Tanja Roos; adrienne herman; Amanda LeVett; Martha Morrill; Margaret
Eaton; Jay Dolata; Larry Telles; Jason Burnett; Robert Denyse
Single Use Bag Ordinance
6x10-final-1-1.pdf
I wanted to say how grateful I am that the city is taking some of its little time to look into the single use
bag ban.
Thank you for all of the work you have done thus far.
I, and many of us on Sustainable Carmel, are here to lend support for any help you may need In moving
forward with this.
I think the ordinance itself looks really great. My only question would be the exclusion of non profits, since
there are currently no non profits in Carmel. Perhaps the ordinance could be inclusive of non profits, so
that if one opens in Carmel, they would be part of the local rules/regulations?
I also wonder if we can look at including restaurants, if not on this first ordinance, perhaps down the road.
I understand excluding them will lower the risk of lawsuit by the Save the Plastic Bag Coalition, and I
understand that in Carmel taking this on, we also need to be careful to keep fines/costs down.
I hope restaurants will be willing to switch over themselves. I would love to be of support in this, in
anyway that I can.
Thanks again Sean, for all you do.
Best,
Kristi Reimers
PS. Attached is our wonderful new flyer!
Krlstl Reimers
Proprietor
Eco Carmel
San Carlos Street, between 7th and 8th
Carmel-by-the-Sea
California, 93921
Store phone: +831.624.1222
Tel: +1 831.277.0173
Email: kdsti@ecocarmel.com
www.ecocarmel.com
Mailing Address:
PO BOX 41
Carmel, CA 93921
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