Title
Recommendation on City Council’s Direction to Create a "Straws on Request" Ordinance and Review Ordinance No. 2977 to Address that "To Go" Food Ware, Including Straws, be Reusable, Compostable, or Recyclable (Public Works #224)
Body
To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Recommendation on City Council’s Direction to Create a "Straws on Request" Ordinance and Review Ordinance No. 2977 to Address that "To Go" Food Ware, Including Straws, be Reusable, Compostable, or Recyclable
BACKGROUND
On June 20, 2017, the City Council directed staff to consider a “straws on request” ordinance and review the City’s current ordinance banning polystyrene food ware to consider requiring compostable or recyclable food ware. City Council also requested staff consider whether to create a new ordinance or revise a current ordinance.
Staff has reviewed Alameda Municipal Code, Section 4-4, Polystyrene Foam Food Service Ware (Exhibit 1), which was adopted in 2008. This section bans food vendors from using polystyrene, known by its trademark Styrofoam. The section also requires food vendors to use disposable food service ware that is compostable or biodegradable. In addition, this section encourages food vendors to provide reusable food service ware, such as metal utensils or reusable plates, in lieu of disposable food service ware.
Violations of this section subject food vendors to administrative citations of $250 for the first violation and escalate to $1,000 for repeated violations.
DISCUSSION
Staff recommends Alameda Municipal Code, Section 4-4 be revised (Exhibit 2) consistent with Council’s direction. These revisions will reduce waste and increase the reuse, recycling, and composting of food ware. As such, these changes advance the goals of the Climate Action Plan (2008) and Zero Waste Implementation Plan (2010).
Staff considered whether to recommend a new ordinance requiring “straws on request” or to revise Alameda Municipal Code, Section 4-4 to include the requirement. Staff recommends revising the current ordinance to include the “straws on request” requirement. One section of the municipal code containing all of the City’s prohibitions and requirements related to food ware simplifies outreach to food vendors, is clearer to both consumers and vendors, and is likely to achieve better compliance. It also enables City staff to leverage Section 4-4’s existing enforcement provisions.
The revisions to Alameda Municipal Code, Section 4-4 broaden the coverage from merely banning polystyrene food ware to more broadly encouraging reusable, recyclable, and compostable food ware. To reduce food vendor’s waste and encourage composting, the revised ordinance would prohibit food vendors from providing single-use drinking straws to customers unless specifically requested, and requires that food vendors use disposable food ware (including single-use straws when they are requested) that is either reusable, compostable, or recyclable.
The revised ordinance would be effective January 1, 2018, and enforcement may begin as early as July 1, 2018. This timeline enables City staff, Community for a Sustainable Alameda (CASA), and others to sufficiently inform and educate affected businesses. Public Works proposes to continue the complaint-driven enforcement process provided in Alameda Municipal Code, Section 4-4. As an additional courtesy, Public Works will continue its practice of educating food vendors and issuing warning letters before moving to administrative citations.
Staff will mail all affected businesses in August 2017, inviting them to a City Council meeting in September when the first introduction of the revised ordinance will be presented. During that time, staff also will update the City’s internal environmental purchasing policy to be consistent with revised Alameda Municipal Code, Section 4-4.
At least one known challenge may alter this timeline. Staff and Alameda County Industries are confirming that the City’s compost processor can accept compostable plastics. If the revised ordinance is adopted, food vendors likely will turn to compostable plastics as a substitute for current disposable food ware. However, some composting facilities either don’t accept these compostable plastics or charge a higher fee for processing them. If our compost facility either won’t accept compostable plastics or proposes additional charges to process them, staff will delay the mailer to affected businesses and instead return in September 2017 to City Council with an update and a recommended next step.
FINANCIAL IMPACT
There may be minor impacts to the General Fund as departments substitute reusable or compostable food ware items for their current disposable food ware. In addition, there may be costs associated with processing of compostable food ware and/or enforcement of the revised ordinance. These costs are uncertain and will be borne by the Integrated Waste Fund (Fund 274).
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The City’s Climate Action Plan (2008) and Zero Waste Implementation Plan (2010) aim to reduce waste and increase recycling and composting.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
RECOMMENDATION
Give direction to create a "straws on request" ordinance and review ordinance no. 2977 to address that "to go" food ware, including straws, be reusable, compostable, or recyclable.
Respectfully submitted,
Liam Garland, Acting Public Works Director
By,
Liam Garland, Acting Public Works Director
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. Alameda Municipal Code, Section 4-4 (current)
2. Alameda Municipal Code, Section 4-4 (proposed redlines)