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Polystyrene Foam Food Service Ware Ordinance 2 September 19, 2011 curbside recycling or composting streams. Although the proposed ordinance does not specifically prohibit the use of biodegradable plastic food service ware (marked #7) by food vendors, staff does not consider the products to meet the definition of "compostable" or "recyclable ", at this time, and recommends that food vendors refrain from purchasing and using such products to package prepared foods. Staff is recommending the ordinance apply to any establishment located within the City of San Leandro, or any establishment that prepares and packages prepared food or beverages within the City for public consumption on or off its premises including: supermarkets, grocery stores, delicatessens, restaurants, sales outlets, shops, cafeterias, mobile food preparation trucks, caterers, and roadside stands. The ordinance also applies to the City of San Leandro and its facilities, including vendors who provide food services in City facilities and at City- sponsored events. The ordinance does not apply to the retail sale of polystyrene foam food service ware, foods pre - packaged outside the City of San Leandro or foods pre - packaged in San Leandro for sale outside of the City, but staff will encourage the elimination of polystyrene foam food service ware in such applications. The proposed ordinance would require the use of compostable or recyclable food service ware, rather than polystyrene foam products, for any food or beverage prepared for consumption within the City using any cooking or preparation techniques by the food vendor. This requirement would not apply to uncooked meat, fish, poultry, or eggs unless provided for consumption without further preparation (e.g. sushi). The definition of food service ware includes lids, plates, cups, bowls, trays, and hinged and lidded containers. Items often associated with take -out food service but not restricted by the ordinance include single -use straws, coffee stirs, utensils or hot cup lids since these items are not made of polystyrene foam. Environmental Review Staff filed a Notice of Exemption with the Alameda County Clerk's office on August 11, 2011. Staff has determined that the proposed ordinance will have a positive impact on the physical environment and therefore is exempt from the requirements of the California Environmental Quality Act ( "CEQA "), as amended, pursuant to Guideline 15061(b)(3) and Guideline 15308 of the CEQA Guidelines. Economic Impact Staff evaluated the cost of polystyrene foam products and comparable compostable or recyclable alternatives from several retail outlets. On average, cold paper cups cost 30% more, while hot paper cups cost twice as much. Clear plastic boxes are typically twice as much as polystyrene foam boxes while paper boxes can be as much as three times the cost. The additional cost for a meal (one cup and one box) would be approximately fifteen cents ($.15). The City of Hayward conducted a similar analysis and surveyed local businesses to determine the economic impact. Hayward staff determined that the largest impact would be on restaurants using polystyrene foam containers for both inside dining and takeout. For restaurants that do not use disposable products for inside dining, where takeout is not a major part of the business, the impact would be much less. Hayward staff estimated that the additional cost to businesses as a result of switching from polystyrene foam products to recyclable and/or compostable alternatives is between $150 and $250 per month.