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10B Action 2011 0919
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10B Action 2011 0919
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9/29/2011 5:16:54 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/19/2011
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_CC Agenda 2011 0919
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\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0919
10A Action 2011 1003
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\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1003
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Polystyrene Foam Food Service Ware Ordinance 2 September 19, 2011 <br />curbside recycling or composting streams. Although the proposed ordinance does not specifically <br />prohibit the use of biodegradable plastic food service ware (marked #7) by food vendors, staff <br />does not consider the products to meet the definition of "compostable" or "recyclable ", at this <br />time, and recommends that food vendors refrain from purchasing and using such products to <br />package prepared foods. <br />Staff is recommending the ordinance apply to any establishment located within the City of San <br />Leandro, or any establishment that prepares and packages prepared food or beverages within the <br />City for public consumption on or off its premises including: supermarkets, grocery stores, <br />delicatessens, restaurants, sales outlets, shops, cafeterias, mobile food preparation trucks, <br />caterers, and roadside stands. The ordinance also applies to the City of San Leandro and its <br />facilities, including vendors who provide food services in City facilities and at City- sponsored <br />events. The ordinance does not apply to the retail sale of polystyrene foam food service ware, <br />foods pre - packaged outside the City of San Leandro or foods pre - packaged in San Leandro for <br />sale outside of the City, but staff will encourage the elimination of polystyrene foam food service <br />ware in such applications. <br />The proposed ordinance would require the use of compostable or recyclable food service ware, <br />rather than polystyrene foam products, for any food or beverage prepared for consumption within <br />the City using any cooking or preparation techniques by the food vendor. This requirement <br />would not apply to uncooked meat, fish, poultry, or eggs unless provided for consumption <br />without further preparation (e.g. sushi). The definition of food service ware includes lids, plates, <br />cups, bowls, trays, and hinged and lidded containers. Items often associated with take -out food <br />service but not restricted by the ordinance include single -use straws, coffee stirs, utensils or hot <br />cup lids since these items are not made of polystyrene foam. <br />Environmental Review <br />Staff filed a Notice of Exemption with the Alameda County Clerk's office on August 11, 2011. <br />Staff has determined that the proposed ordinance will have a positive impact on the physical <br />environment and therefore is exempt from the requirements of the California Environmental <br />Quality Act ( "CEQA "), as amended, pursuant to Guideline 15061(b)(3) and Guideline 15308 of <br />the CEQA Guidelines. <br />Economic Impact <br />Staff evaluated the cost of polystyrene foam products and comparable compostable or recyclable <br />alternatives from several retail outlets. On average, cold paper cups cost 30% more, while hot <br />paper cups cost twice as much. Clear plastic boxes are typically twice as much as polystyrene <br />foam boxes while paper boxes can be as much as three times the cost. The additional cost for a <br />meal (one cup and one box) would be approximately fifteen cents ($.15). <br />The City of Hayward conducted a similar analysis and surveyed local businesses to determine <br />the economic impact. Hayward staff determined that the largest impact would be on restaurants <br />using polystyrene foam containers for both inside dining and takeout. For restaurants that do not <br />use disposable products for inside dining, where takeout is not a major part of the business, the <br />impact would be much less. Hayward staff estimated that the additional cost to businesses as a <br />result of switching from polystyrene foam products to recyclable and/or compostable alternatives <br />is between $150 and $250 per month. <br />
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