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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 DocuSign Envelope ID: OA81F7C7-15BB-494E-AAE4-9COOF35A14FE 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 DocuSign Envelope ID: OA81F7C7-15BB-494E-AAE4-9COOF35A14FE 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 DocuSign Envelope ID: OA81F7C7-1566-494E-AAE4-9COOF35A14FE 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 DocuSign Envelope ID: OA81F7C7-15BB-494E-AAE4-9COOF35A14FE 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: Sf1484(;31�80F7449 Meaghan Hassel -Shearer, City Clerk