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Exhibit CC 02-05-13 Item #14 Plastic Bag Ordinance CC 2/5/13 Item No. 14 Kirsten Squarcia From: Stephen L.Joseph [savetheplasticbag @earthlink.net] Sent: Tuesday, February 05, 2013 8:33 AM To: City Council; Orrin Mahoney; Gilbert Wong; Barry Chang; Mark Santoro; Rod Sinks; City Clerk; Cupertino City Manager's Office Subject: CEQA demand; notice of intent to litigate TO THE CITY AND CITY COUNCIL OF CUPERTINO: Save The Plastic Bag Coalition hereby objects to the adoption of an ordinance that bans plastic bags and requires a minimum 10-cent fee for paper bags. The San Mateo County Final EIR covers parts of Santa Clara County including the City of Cupertino. The EIR states: "The minimum charge would be ten cents ($0.10)until December 31, 2014 and twenty-five cents ($0.25) on or after January 1, 2015." (DEIR at 1-1.) http://smchealth.org/sites/default/files/docs/EHS/SanMateoCountySingleUseBagBanOrdinance DEIR%5B1%5 D.pdf http://smchealth.org/sites/default/files/docs/EHS/SanMateoCountyReusableBagOrdinanceFinalProgramElR.pd f In the EIR, the fee is presumed and intended to be consis tent across all jurisdictions covered by the EIR. All other jurisdictions that have adopted ordinances based on the San Mateo County Final EIR have approved the 25-cent fee. If the City of Cupertino rejects a 25-cent fee, there will be no EIR covering and evaluating the ordinance. The ordinance without a 25-cent fee may result in the reasonable possibility of significant cumulative negative environmental impacts.Therefore, a new EIR would be required for the ordinance. Save The Plastic Bag Coalition hereby demands a new EIR specifically addressing the City of Cupertino ordinance if the 25-cent fee is not adopted. Save The Plastic Bag Coalition will file a petition for writ of mandate against the City of Cupertino in the Santa Clara Superior Court to order the repeal of an ordinance that bans plastic bags and requires a charge of less than 25 cents commencing in 2015. PLEASE NOTE OUR NEW CONTACT INFORMATION BELOW. Regards, Stephen L.Joseph, Counsel SAVE THE PLASTIC BAG COALITION 1 CC 2/5/13 Item No. 14 11693 San Vicente Blvd. # 150 Los Angeles, CA 90049 Phone: (310) 266-6662 Fax: (310) 694-9067 Website: www.savetheplasticbag.com E-mail: savetheplasticbag @earthlink.net NOTE:This e-mail and any attachments are confidential and privileged. If you are not the intended recipient, you may not use, copy, or disclose them to anyone.Please notify the sender and delete them. Thank you. 2 CC 2/5/13 Item No. 14 Brittany Morales _ From: Karen B. Guerin Sent: Monday, February 04, 2013 9:35 AM To: Brittany Morales Subject: FW: bag ordinance From: Dicksteinp(aaol.com [mailto:Dicksteinp©aol.com] Sent: Monday, February 04, 2013 6:50 AM To: City Council Subject: bag ordinance Gentlemen, I am sorry to be writing so late, but I missed the City Council meeting-- I thought it was about other issues and did not notice the bag ordinance at the end of the agenda. I did , however, watch the archived video of the meeting. I am very much in favor of reducing the use of non-biodegradable materials, whether plastic or styrofoam. It would even be nice if other super markets would emulate Whole Foods in offering small paper bags as an option for fresh fruits and vegetables. I also support measures against litter (and wish that something could be done about the litter created by the carting companies themselves, when they overturn garbage cans and bins). However, I am concerned about discouraging the use of biodegradable bags, whether paper or special plastics, e.g., by requiring markets to charge for them. I do not understand why charges are a "requirement" we must implement despite the fact that most Council Members do not appear to favor them. Do we have to be consistent with questionable policies?You know what they say about a foolish consistency. Actually, as one Cupertino-resident noted, there is no such thing as a single use bag. Bags are far too precious to be consigned to the landfill after one use. Most of us re-purpose shopping bags for disposal -- disposal of recyclables and especially, of garbage. How can you dispose of garbage in a reusable bag? Now, those who live in private houses have personal lined garbage cans in their driveways, but even they have to take the waste outside in something. Homeowners may even be able to use some materials as compost in their gardens. But, what about those who live in multi-family housing, with large communal bins in the trash room and no yards? If the markets cannot supply biodegradable bags free of charge, more Hefty bags are likely to be used. The markets will be the only beneficiaries, at the expense of the consumers and the landfills. Please re-consider that part of the ordinance. Phyllis Dickstein Travigne Villas 1