07/27/09 Page 1 Item #29 CITY OF DANA POINT Reviewed By: DH __X _ AGENDA REPORT CM X__ _ CA X__ DATE: JULY 27, 2009 TO: CITY MANAGER/CITY COUNCIL FROM: KYLE BUTTERWICK, DIRECTOR OF COMMUNITY DEVELOPMENT LYNN KELLY, MANAGEMENT ANALYST SUBJECT: VOLUNTARY PROGRAM TO REDUCE THE USE OF STYROFOAM AND PLASTIC BAGS RECOMMENDED ACTION: That the City Council adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, IMPLEMENTING THE VOLUNTARY REDUCTION OF PLASTIC BAGS AND THE USE OF FOOD SERVICE ITEMS COMPRISED OF EXPANDABLE POLYSTYRENE (STYROFOAM) WITHIN LOCAL RESTAURANTS, RETAILERS, CITY FACILITIES, AND CITY-SPONSORED EVENTS BACKGROUND: Expandable Polystyrene Foam (Styrofoam) Recently, Public Works Staff conducted a survey of 108 restaurants within Dana Point and inquired as to whether or not they used any form of non-recyclable plastics (Styrofoam or otherwise) for take out or to-go items (See Supporting Document B). Of those surveyed, 67 of the restaurants (62%) used some type of expandable polystyrene (more commonly known as Styrofoam) container. Polystyrene foam is a petroleum based byproduct that is frequently used for food packaging purposes. This material is currently non-recyclable and non-biodegradable. Because of its inability to decompose, polystyrene foam waste is consuming an ever- increasing amount of space within landfill facilities. Moreover, polystyrene foam products are detrimental to the health, safety, and welfare of the general public, as well as to the ecosystem. 07/27/09 Page 2 Item #29 Plastic Bags In the same assessment mentioned previously, 108 restaurants were surveyed on their use of bags for to-go items. Of those surveyed, 61 restaurants (57%) used plastic bags in their business. Plastic bags are made of polyethylene, are non-biodegradable, and are made from crude oil and natural gas, both non-renewable resources. While they can be recycled, plastic bags are often improperly disposed of, and often make their way into storm drains and the ocean. Local business organizations, such as the Dana Point Chamber of Commerce, have expressed interest in implementing a voluntary reduction on both expandable polystyrene and plastic bags. Because water quality is such an important issue within the City, the Chamber has offered to collaborate on education and outreach efforts to support such a program. The proposed resolution would ask both restaurants and other local businesses to comply with a voluntary reduction on the use of plastic bags and food service containers made with expandable polystyrene foam (Styrofoam). This resolution promotes the use of biodegradable, compostable, or recyclable products to lessen the impact of litter, increase the life of local landfills, and help ensure the vitality of the Pacific Ocean. DISCUSSION: Effects of Plastic Bags and Expandable Polystyrene on Water Quality and Environment Discarded food and beverage packaging constitutes a significant and growing portion of the City’s waste stream. Storm drains capture trash before it flows into the ocean, and the trash reduces the effectiveness of City storm drains. Retrofitting storm drains to better capture litter and trash would be cost prohibitive. Man-made Debris that makes its way into the marine environment is a costly problem for Dana Point’s ocean-dependent economy. It threatens water quality and wildlife. When polystyrene foam debris breaks up, the pieces may be ingested by animals, often causing death. The California Coastal Commission estimates that more than one million sea birds, 100,000 marine mammals, and countless fish die each year from various forms of marine debris. Because of the physical nature of polystyrene (i.e. floatability, breakability, large surface area), scientists are beginning to speculate about the role of polystyrene waste in contributing to other persistent, non-visible water pollution problems such as bacterial indicators. Deterioration in the quality of the ocean waters and beaches threatens public health and safety, as it negatively affects both tourism and the quality of life for Dana Point residents. 07/27/09 Page 3 Item #29 The California Coastal Commission estimates that hundreds of thousands of sea turtles, whales and other marine mammals die every year from eating discarded plastic bags mistaken for food. Turtles mistake the bags for jellyfish, their primary food source. Once swallowed, plastic bags choke animals or block their intestines, leading to death. Also, on land, animals suffer a similar fate to marine life when they accidentally ingest plastic bags while looking for food. Litter Polystyrene further contributes to urban blight as litter, especially due to its lightweight nature as it floats in water and/or is easily blown by the wind, even when disposed of properly. Similarly, plastic bags take up to 1,000 years to degrade. As litter, they breakdown into tiny fragments, contaminating soil and water. This problem is becoming increasingly difficult to manage and has costly negative implications for wildlife, aesthetics, tourism, and regulatory compliance. Recycling Polystyrene foam is not currently recyclable in Dana Point, as recycling of the material is cost prohibitive. Environmentally conscious cities that have found it necessary to implement polystyrene foam bans to address the issue including San Clemente, San Juan Capistrano, Laguna Beach, Santa Cruz, San Francisco, Santa Monica, Malibu, among others While plastic bags can be recycled, most are discarded. The Environmental Protection Agency estimated that only 5.2% of the plastic bags and sacks in the municipal waste stream in 2005 were recycled, compared with 21 percent of paper bags. Compliance Food service containers are defined as single use disposable products used in the restaurant and food service industry for serving or transporting prepared, ready-to- consume food or beverages. This includes, but is not limited to, plates, bowls, cups, trays, and hinged or lidded containers. This does not include single use disposable items such as straws, cup lids, or utensils, nor does it include single use packaging for unprepared foods. Traditionally food service providers have been reluctant to change from polystyrene foam and plastic bags because of the higher cost and limited selection and availability of biodegradable or recyclable products. However, there is an assortment of new options available including cutting edge products made from paper, sugarcane stalk, rice, potato starch, tapioca, or corn. If these containers end up as litter, they will break down and not become permanent blight on our landscape, or end up as long-lasting marine debris. The City is actively seeking opportunities to reduce, reuse, and recycle in an effort to comply with California Integrated Waste Management Act (AB 939) requirements relating to the amount of land-filled waste. The City is mandated to meet AB 939 requiring that all 07/27/09 Page 4 Item #29 cities and counties in California divert fifty (50%) of discarded materials from entering landfills since December 31, 2000. By reducing dependence on polystyrene products within City facilities and by choosing products that may be reused or recycled, the City will not only move towards its compliance goals of AB 939, but also incorporate the principles of the City’s Green Policy. CONCLUSION: If the City Council authorizes the resolution on the voluntary reduction on plastic bags and food service items comprising expandable polystyrene, Staff will move forward on education and outreach programs targeted to local businesses. It is expected the next steps will include: 1) using the existing business registration database to contact restaurants; 2) conducting an educational workshop on biodegradable, compostable, and recyclable products; and 3) working with the Chamber of Commerce and other local business organizations to promote the program. NOTIFICATION/FOLLOW-UP Staff will work with the Chamber of Commerce and other business groups on implementation and outreach efforts. STRATEGIC PLAN IMPLEMENTATION: The proposed resolution supports the following Strategic Plan Initiatives: Strategic Plan Initiative I: “Restore and maintain the integrity of our ocean waters and beaches.” Strategic Plan Initiative II: “Protect the health, safety, and welfare of our residents, businesses and visitors.” Strategic Plan Initiative V: “Maintain, modernize, and beautify the City’s infrastructure and neighborhoods.” FISCAL IMPACT: Staff anticipates that no additional staff or funding will be needed to conduct outreach programs. Printed materials will be funded from the FY2010 public information budget. Since the implementation of the City’s Green Policy on March 25, 2008, the City has taken steps to purchase environmentally-friendly recyclable or biodegradable containers, when economically feasible. Thus, no further costs will be incurred by the adoption of this resolution. 07/27/09 Page 5 Item #29 ACTION DOCUMENT: Page No. A. Resolution 09-07-27-XX .................................................................................................. 6 SUPPORTING DOCUMENT: B. Styrofoam and Plastic Bag Summary ............................................................................. 9 07/27/09 Page 6 Item #29 ACTION DOCUMENT A RESOLUTION NO. 09-07-27-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, IMPLEMENTING THE VOLUNTARY REDUCTION OF PLASTIC BAGS AND THE USE OF FOOD SERVICE ITEMS COMPRISED OF EXPANDABLE POLYSTYRENE (STYROFOAM) WITHIN LOCAL RESTAURANTS,