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Attachment 1 September 2, 2011 San Leandro City Council San Leandro City Hall 835 East 14th Street CALIFORNIA San Leandro, CA 94577 RESTAURANT ASSOCIATION RE: Polvstvrene Foam Food Service Wa Ordinance - OPPOSE Dear Mayor and Council, The California Restaurant Association (CRA), on behalf of more than 22,000 member food service establishments, and particularly our members in the City of San Leandro, respectfully opposes the polystyrene foam disposable food packaging ban proposal that will be before you Sept. 19. While the goal is laudable, we believe good environmental policy should be based on reasonable outcomes, consider potential unintended consequences and given the state of the economy, factor in any potential impact on the city's employment base. A mandate prohibiting this packaging would have a disproportionate impact on small, low margin, mom- and -pop establishments like many in the City of San Leandro. Further, functionability, food safety and reduction of foodborne illnesses are concerns that must be considered. The CRA supports equitable solutions that do not target and penalize a segment of business, and ensures practicality and affordability. Therefore, we respectfully ask the mayor and council to take a reasonable and responsible approach and vote No on this ordinance. The restaurant community shares the on -going concern over litter and partners with efforts at the state, as well as in local jurisdictions. We recognize and agree that foodservice packaging has negative effects on the environment when disposed of improperly. Marine debris is a serious issue, however discriminatory selection and elimination of a given type of foodservice product is not a good approach. Bans may change the composition of litter, but they do not reduce the amount of litter because litterbugs do not discriminate among materials. Some localities that have banned foam food containers are now setting their sights on the next packaging material to eliminate, creating constant unpredictability for the industry in terms of what packaging material may be available on the market. Additionally, as alternative products cost two to three times more than polystyrene foam, the mandated and associated costs could be overwhelmingly burdensome and unaffordable for many small, mom - and -pop restaurants. Polystyrene packaging is an economical option that performs extremely well in keeping hot foods hot and cold foods cold. Considering the economic challenges of the past few years and the continued unstable economic climate, this is the worst possible time to add another costly mandate to restaurateurs or customers. People are eating out less and spending less when they do eat out. For an industry that, on average, keeps less than a nickel in profits for every dollar that comes in, cost is a key consideration in addition to function, particularly in this unstable economy, The CRA and our member restaurants support preserving the environment and are committed to enhancing the communities in which our restaurants are located. We believe that promoting recycling efforts to reduce litter and disposal is a better approach than a single discriminatory ban on a given type of packaging. We welcome the opportunity to work collaboratively with the City of San Leandro to develop a solution that addresses the concerns and meets the needs of all affected stakeholders. For these reasons, we respectfully ask for your No vote. Thank you for your time and consideration. Sincerely, Johnnise Foster Downs Director, Local Government Affairs Pgr�PARE TO BE INSPIRED, 621 Capitol Mali, Suite 2000 Sacramento, CA 95814 T: 800 36,9.4842 F: 916,447.6182 ww- caltest. rg