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Staff Report City of Solana Beach

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Staff Report City of Solana Beach STAFF REPORT CITY OF SOLANA BEACH TO: Honorable Mayor and City Councilmembers FROM: Gregory Wade, City Manager MEETING DATE: September 25, 2019 ORIGINATING DEPT: City Manager's Office SUBJECT: Adopt (2nd Reading) Ordinance No. 504 - Amending Title 5 of the Solana Beach Municipal Code Regarding Regulation of Food Service Ware, Polystyrene and Plastic Bottles in Furtherance of Protecting the Environment and Reducing Single-Use Plastics and Waste BACKGROUND: On August 28, 2019, the City Council introduced Ordinance 504 amending Title 5 of the Solana Beach Municipal Code to regulate single-use food service ware, polystyrene foam products and plastic bottles. This ordinance continues the City's efforts to protect the environment and would expand the City's existing polystyrene ban to include additional restrictions on the use and distribution of single-use plastic food service ware items and to disallow polystyrene items on the City's beaches. This ordinance would also add an additional chapter to the Solana Beach Municipal Code ("SBMC") regulating the use and distribution of plastic bottles and packaged water at City facilities or at events on City property. This item is before City Council to consider adopting (2nd Reading) Ordinance 504 amending Title 5 of the Solana Beach Municipal Code regarding the regulation of food service ware, polystyrene foam and plastic bottles (Ordinance). DISCUSSION: In 2018, per Council's direction, the Climate Action Commission (CAC) held several public meetings to discuss how the City might implement measures within the City to minimize plastic pollution. The commissioners researched measures already implemented in other COUNCIL ACTION: AGENDA ITEM C.2. September 25, 2019 Ordinance 504 - Single-Use Plastics Page 2 of 4 California jurisdictions and compiled and summarized what they deemed as best practices that were presented to Council at a public meeting on November 13, 2018. Council received the recommended measures and directed Staff to conduct outreach in the community surrounding the measures before bringing a new ordinance back to Council for consideration. A draft Ordinance was released prior to and subsequently reviewed at the July 17, 2019 CAC meeting. During this meeting, commission members stated that since making the original presentation to Council in November, there had been additional measures adopted by some communities that improve and add clarity to the items originally proposed. During the 1st Reading at the Council meeting on August 28th , Council agreed to include those additional measures proposed by the CAC in the proposed ordinance. Council also agreed to incorporate feedback from the Grocers Association to synchronize the implementation dates for the sale of food service ware and the use of food service ware for prepared foods, so that grocery stores could make all necessary changes to their inventories in their stores at one time. The implementation date for complying with the prohibition on meat trays and egg cartons made from polystyrene foam was amended to include a date certain of November 1, 2021 (2 years from implementation) or upon the availability of curbside compositing within the City, whichever is earlier. Council also considered feedback from the Restaurant Association that the "only-upon­ request" policy should include an "upon-offer" provision allowing food vendors to offer customers food service ware accessory items like utensils and condiments instead of just waiting for an unsolicited request for those items. Council determined this provision could be included in the case of drive-through restaurants. Summary of Food Service Ware and Polystyrene Measures A summary of the proposed measures incorporated into the first reading are as follows: • Prohibition on the sale of food service ware by any establishment in the City if the food service ware is not recyclable or compostable or if it is made from polystyrene foam. • Prohibition on the sale by any establishment in the City of single-use straws, utensils, stirrers, splash sticks, cocktail sticks or toothpicks made with plastic. • Prohibition on the use of food service ware by food vendors for prepared food if the food service ware is not recyclable or compostable or if it is made from polystyrene foam. • Prohibition on the use of single-use straws, utensils, stirrers, splash sticks, cocktail sticks or toothpicks made with plastic when serving prepared food. • Requirement that food vendors distribute common single-use food accessory items like utensils, stirrers, and straws only upon request by the customer. o If straws, utensils, stirrers, splash sticks, cocktail sticks or toothpicks are distributed, they cannot be plastic. September 25, 2019 Ordinance 504 - Single-Use Plastics Page 3 of 4 o All other food service ware accessories must be made from a material that is recyclable or compostable. o At a drive-through restaurant, the food vendor may offer the customer food service ware accessories prior to the customer's request. • Expanded polystyrene prohibitions including the prohibition on the sale of polystyrene products which are not encased in a harder plastic like foam coolers and beach toys. in any retail establishment within the City and the prohibition of these items on City beaches. • Provision allowing customers to bring and use their own reusable cups at any food establishment in the City. Summary of Plastic Bottles and Packaged Water Measures Regarding restrictions on plastic bottles and packaged water on City property and at City events, Council decided to accept what was called "Version 2" in the draft Ordinance that included prohibitions on packaged water and all plastic bottles sized 1 liter or less not just prohibitions on plastic water bottles (Version 1). Council agreed that the prohibitions on packaged water should not apply to water in glass bottles or aluminum cans. Council considered a request from the CAC to include a provision in the Ordinance expressing a commitment from the City to increase the availability of free drinking water on public property. Instead of including such a commitment within the Ordinance itself, Council decided to express this commitment separately through a Council policy. The food service ware measures outlined above apply to businesses in Solana Beach and to the City's operations and events happening on City property. Chapter 5.05 of the proposed Ordinance only applies to events on City property or City-sponsored events. The measures state that sale and distribution of packaged water at any City facility is prohibited. Packaged water includes water in plastic bottles, boxes or bags, but the prohibitions shall not apply to water in aluminum cans or glass bottles. The measures also state that the sale and distribution of any beverage in a plastic bottle that is one liter in size or less is prohibited on City property. Implementation of the Restrictions As reflected in the Ordinance language, implementation of these regulations would be incremental to allow businesses time to find suitable substitutes and use up any current inventory of non-compliant items. Some provisions will be effective immediately, others after six months, and others one or two years after implementation. In all cases, the Ordinance allows for exceptions to the provisions in the case of health and safety or for a waiver by the City Manager if there is no feasible alternative to a non­ compliant item. The proposed amendments to the Solana Beach Municipal Code are consistent with the City's CAP. They have been discussed and recommended by the CAC. The proposed September 25, 2019 Ordinance 504 Single-Use Plastics Page 4 of 4 regulations are also similar to those adopted in other communities in the state, which have been implemented with the support of environmental protection organizations and the general public. CEQA COMPLIANCE STATEMENT: The proposed Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15308 of the CEQA Guidelines because it is an activity undertaken "to assure the maintenance, restoration, enhancement and protection of the environment" and pursuant to Section 15061 (b)(3) because there is no possibility that the activity in question may have a significant effect on the environment. FISCAL IMPACT: There will be minimal fiscal impact as a result of this item due to changes in City purchasing policies. Current staff time and resources will be required for education and enforcement. WORK PLAN: Environmental Sustainability Section A-4: Plastic Use Restrictions OPTIONS: • Adopt Ordinance 504 amending SBMC Title 5 to expand the ban on polystyrene products to address single-use plastics and plastic bottles on City property. • Do not adopt Ordinance 504. • Provide direction. DEPARTMENT RECOMMENDATION: Staff recommends the City Council adopt Ordinance 504 amending SBMC Title 5 to expand the ban on polystyrene products to address single-use plastics and plastic bottles on City property. CITY MANAGER'S RECOMMENDATION: Approve Department Reco mendation. Attachments: 1. Ordinance 504 ORDINANCE NO. 504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLANA BEACH, CALIFORNIA, AMENDING TITLE 5 OF THE SOLANA BEACH MUNICIPAL CODE REGARDING REGULATION OF FOOD SERVICE WARE, POLYSTYRENE AND PLASTIC BOTTLED BEVERAGES IN FURTHERANCE OF PROTECTING THE ENVIRONMENT AND REDUCING SINGLE-USE PLASTICS AND WASTE WHEREAS, the City of Solana Beach has engaged in ongoing efforts to reduce or limit products that are harmful to the environment;
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