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Polystyrene Foam Food Service Ware Ordinance 3 September 19, 2011 Actual costs for alternative products depend on the amount, type, and quality of compostable and/or recyclable products used. As the demand for alternatives increases, a greater variety of cost - competitive options may become available. Staff will conduct education and outreach to food vendors in an effort to ensure compliance with the proposed ordinance and to provide information about low -cost alternative products. Education and outreach will be conducted via bill inserts, newspaper advertising, press releases, email notification, website tools and links, public events, and interaction with business associations and community groups. Staff will remind food vendors to use their existing inventory of polystyrene foam products prior to the effective date. Enforcement Staff will rely on complaints from the public to identify food establishments that are not in compliance with the proposed ordinance after the effective date. The Public Works Services Director or his designee has the authority to determine if a violation of this chapter occurred and issue a written warning notice to the food vendor. Food vendors that continue to violate the ordinance after having received a written warning notice shall be subject to the administrative citation process pursuant to Article 1 -12 -400 et seq. of the San Leandro Municipal Code which includes escalating penalties up to six hundred dollars ($600) per violation. Staff would work with food vendors to achieve compliance with the ordinance and fines would only be used as a last resort. Food vendors may be exempt from the proposed ordinance by the City Manager for a period of time on a case by case basis for undue hardship. Current City Council Policy Not Applicable. Previous City Council Action(s) Resolution No. 2004 -147 adopting an Environmentally Preferable Purchasing Policy for the City of San Leandro. City Council Committee Review and Action The City Council Rules and Communications Committee met on October 26, 2010 to discuss the item. The Committee indicated that they would like San Leandro to adopt an ordinance similar to what other neighboring cities have passed. Staff expressed concerns about the cost and availability of compostable and recyclable alternatives. The City Manager indicated that the Public Works Department would bring a recommendation back at a future meeting. The City Council Rules and Communications Committee discussed the item at the meeting on January 27, 2011. Representatives from Save the Bay and Clean Water Action were in attendance and provided public comments indicating their support for an ordinance. The Committee directed staff to research the availability of low cost alternatives to polystyrene foam food service ware products, prepare outreach, and present the item at a Council Work Session. The City Council Rules and Communications Committee received the first draft of the ordinance at the meeting on June 23, 2011. Several members of the business community were in attendance