HomeMy WebLinkAboutOrd 1976DocuSign Envelope ID: OA81F7C7-15BB-494E-AAE4-9COOF35A14FE
ORDINANCE NO. 1976
AN ORDINANCE OF THE CITY OF BURLINGAME
REPEALING CHAPTER 8.10 OF THE BURLINGAME MUNICIPAL CODE AND
ADOPTING A NEW CHAPTER 8.10 REGULATING THE USE OF DISPOSABLE
FOOD SERVICE WARE BY FOOD FACILITIES
The City Council of the City of Burlingame ordains as follows:
Division 1. Factual Background
WHEREAS, the production, management, and consumption associated with
disposable food service ware, typically used for only a few minutes before being
discarded, have significant environmental impacts, including environmental
contamination; consumption of precious resources such as energy and water; emissions
of greenhouse gases; air and water pollution; litter on streets; and plastic pollution in
waterways and oceans; and
WHEREAS, disposable food service ware constitutes a portion of the litter found
within the City of Burlingame and these types of food service ware are commonly littered
or blown out of trash receptacles and migrate through the storm drain system where they
eventually end up in local creeks and the San Francisco Bay; and
WHEREAS, a San Francisco Bay Area study conducted by the Clean Water
Fund found that 67% of all litter collected was food or beverage take-out packaging; and
WHEREAS, polystyrene is a petroleum-based, lightweight plastic material which
has become a problematic environmental pollutant given its non-compostable and nearly
non -reusable nature; and
WHEREAS, the County of San Mateo first adopted an ordinance prohibiting food
vendors from using polystyrene based disposable food service ware in 2011; and
WHEREAS, the City of Burlingame adopted the San Mateo County ordinance by
reference in City Ordinance Number 1861 (2011); and
WHEREAS, since that time, the San Mateo County Office of Sustainability (OOS)
has conducted extensive research and worked closely with the County's Environmental
Health Services Department to develop a new Disposable Food Service Ware ordinance
that would reduce the amount of single -use disposable food service ware in our
community; and
WHEREAS, effective ways to reduce the negative environmental impacts of
disposable food service ware include, in order of priority, using reusable food service
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ware; using natural fiber -based compostable materials, many made from renewable
resources such as bamboo, wheat stalk/stem, and sugarcane that do not contain toxic
chemicals; and recycling food service ware; and
WHEREAS, when products are reused and recycled, there is less demand for
virgin materials; and when compostable products are turned into compost, they can
reduce water use and lessen the need for fertilizer at the site where the compost is
applied (e.g., gardens, yards, farm land, etc.); and
WHEREAS, compostable food service ware such as cups, plates, clamshell
containers, and utensils are now made from paper, sugarcane stalk, bamboo, wheat
stalk/straw, and other blends of natural plant fibers which pose less of a danger
compared to plastic as they degrade; and
WHEREAS, even with the emergence of compostable plastics, which are derived
from renewable biomass sources such as plants and microorganisms, there are limited
certified types of compostable plastic that biodegrade in a marine environment; and
WHEREAS, certain disposable food service ware, including compostable
paperboard containers, may contain fluorinated chemicals, also known as per- and
polyfluorinated alkyl substances (PFAS), which are synthetic chemicals commonly used
in disposable food service ware to repel water and grease. Fluorinated chemicals pose a
public health risk as they have been linked to serious health effects including kidney and
testicular cancer, thyroid disruption, delayed puberty, and obesity; and
WHEREAS, plastics in waterways and oceans break down into smaller pieces,
called microplastics, that do not biodegrade and are present in most of the world's
oceans. Microplastics consumed by marine organisms make their way into animals'
tissues and are beginning to show up in the fish that humans consume. Plastic debris
also attracts and concentrates ambient pollutants in seawater and freshwater, which can
transfer to fish and other seafood that is eventually sold for human consumption; and
WHEREAS, reduction of disposable food service in the environment will advance
compliance with federal, state, and county clean water mandates, including the City's
Municipal Regional Stormwater Permit requirements, by helping to reduce trash and
litter in stormwater discharges; and
WHEREAS, understanding the importance of and need for reducing plastic litter,
San Mateo County adopted a plastic bag ban ordinance in 2012 and the City of
Burlingame adopted this model ordinance by reference which went into effect on April
22, 2013; and
WHEREAS, the County Office of Sustainability coordinated with a number of
different entities, including local cities, county solid waste haulers, nearby industrial
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composting facilities, waste and stormwater-related joint powers authorities, and
restaurant and business associations, community advisory councils and committees,
non-profit organizations, and educational institutions before drafting their ordinance; and
WHEREAS, on February 25, 2020, San Mateo County Board of Supervisors
repealed the 2011 polystyrene ban ordinance, and replaced it with a new Disposable
Food Service Ware ordinance which would restrict the use by food facilities of
polystyrene -based disposable food service ware and require the replacement of non-
compostable or non -recyclable disposable food service ware with compostable
alternatives that are non -plastic, natural fiber -based, and free of all intentionally added
fluorinated chemicals when and where possible; and
WHEREAS, the City of Burlingame has conducted a public outreach campaign in
August and September of 2019 to determine whether or not the Burlingame residential
and business communities supported adopting such an ordinance; and
WHEREAS, response to the outreach campaign showed that over 85% of
respondents supported such an ordinance; and
WHEREAS, implementing the Disposable Food Service Ware ordinance would
help meet Measure 18 (Zero Waste) from the City's newly adopted Climate Action Plan
Update; and
WHEREAS, the City wishes to follow the County of San Mateo and adopt an
ordinance reducing single -use plastic food -ware by food facilities within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
Division 2. The following code sections are amended, repealed or deleted as follows
with underlining indicating new text and strikeouts (strut) indicating deleted text.
Section 1: The Burlingame Municipal Code Chapter 8.10 is hereby repealed and
replaced in its entirety by a new Chapter 8.10 to be numbered and entitled and to read
as follows:
Chapter 8.10 REGULATING THE USE OF DISPOSABLE FOOD SERVICE WARE
8.10.010 Adoption of San Mateo County ordinance by reference.
Chapter 4.107 of Title 4 of the San Mateo County Code of Ordinances, entitled
"Regulating the Use of Disposable Food Service Ware," and any amendment thereto,
are hereby adopted by this reference and made part of the Burlingame Municipal Code
and are, accordingly, effective in this City. Certified copies of Chapter 4.107 of Title 4, as
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adopted hereby, and any subsequent amendment, shall be deposited with the City
Clerk, and shall be at all times maintained by the Clerk for use and examination by the
public.
8.10.020 Authorization of enforcement by San Mateo County personnel.
The County Manager of the County of San Mateo or their designee is herebv
authorized to enforce, on behalf of the City, Chapter 4.107 "Regulating the Use of
Disposable Food Service Ware" of Title 4 of the San Mateo County Code of Ordinances,
and any amendments thereto, within the City's jurisdiction. Such enforcement authority
includes, but is not limited to, the authority to hold hearings, issue citations, and
assess administrative fines on behalf of the City.
DIVISION 3:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council declares that it would have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses
or phrases be declared invalid.
nnil.qInNv a -
This Ordinance is exempt from the environmental review requirements of CEQA
pursuant to Section 15061 (b)(3) of Title 14 of the California Code of Regulations
because it can be seen with certainty that there is no possibility that the provisions
contained herein may have a significant effect on the environment. Further, the
Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Guidelines
Sections 15307 and 15308 of Title 14 of the California Code of Regulations as actions
taken by regulatory agencies to assure the maintenance, restoration, enhancement of
natural resources, or protection of the environment.
DIVISION 5:
This Ordinance shall be published in a newspaper of general circulation in accordance
with California Government Code Section 36933, published, and circulated in the City of
Burlingame, and shall be in full force and effect thirty (30) days after its final passage.
However, the mandatory provisions of Chapter 4.107 of the San Mateo County Code of
Ordinances, including Section 4.107.050 (a)(1), shall only become operative and subject
to enforcement one year (365 days) after the effective date of this ordinance.
DocuSigned by:
D066C125928D48D...
Emily Beach, Mayor
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I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a public hearing at a regular meeting of the City
Council held on the 20th day of April, 2020, and adopted thereafter at a regular meeting
of the City Council held on the 4th day of May 2020, by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, ORITZ
NOES: Councilmembers: NONE
RECUSED: Councilmembers: O'BRIEN KEIGHRAN DocuSignedby:
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Meaghan Hassel -Shearer, City Clerk