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10B Action 2011 0919
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10B Action 2011 0919
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Last modified
9/29/2011 5:16:54 PM
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9/13/2011 5:52:23 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
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1003
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Polystyrene Foam Food Service Ware Ordinance 3 September 19, 2011 <br />Actual costs for alternative products depend on the amount, type, and quality of compostable <br />and/or recyclable products used. As the demand for alternatives increases, a greater variety of <br />cost - competitive options may become available. <br />Staff will conduct education and outreach to food vendors in an effort to ensure compliance with <br />the proposed ordinance and to provide information about low -cost alternative products. <br />Education and outreach will be conducted via bill inserts, newspaper advertising, press releases, <br />email notification, website tools and links, public events, and interaction with business <br />associations and community groups. Staff will remind food vendors to use their existing <br />inventory of polystyrene foam products prior to the effective date. <br />Enforcement <br />Staff will rely on complaints from the public to identify food establishments that are not in <br />compliance with the proposed ordinance after the effective date. The Public Works Services <br />Director or his designee has the authority to determine if a violation of this chapter occurred and <br />issue a written warning notice to the food vendor. Food vendors that continue to violate the <br />ordinance after having received a written warning notice shall be subject to the administrative <br />citation process pursuant to Article 1 -12 -400 et seq. of the San Leandro Municipal Code which <br />includes escalating penalties up to six hundred dollars ($600) per violation. <br />Staff would work with food vendors to achieve compliance with the ordinance and fines would <br />only be used as a last resort. Food vendors may be exempt from the proposed ordinance by the <br />City Manager for a period of time on a case by case basis for undue hardship. <br />Current City Council Policy <br />Not Applicable. <br />Previous City Council Action(s) <br />Resolution No. 2004 -147 adopting an Environmentally Preferable Purchasing Policy for the City <br />of San Leandro. <br />City Council Committee Review and Action <br />The City Council Rules and Communications Committee met on October 26, 2010 to discuss the <br />item. The Committee indicated that they would like San Leandro to adopt an ordinance similar to <br />what other neighboring cities have passed. Staff expressed concerns about the cost and <br />availability of compostable and recyclable alternatives. The City Manager indicated that the <br />Public Works Department would bring a recommendation back at a future meeting. <br />The City Council Rules and Communications Committee discussed the item at the meeting on <br />January 27, 2011. Representatives from Save the Bay and Clean Water Action were in <br />attendance and provided public comments indicating their support for an ordinance. The <br />Committee directed staff to research the availability of low cost alternatives to polystyrene foam <br />food service ware products, prepare outreach, and present the item at a Council Work Session. <br />The City Council Rules and Communications Committee received the first draft of the ordinance <br />at the meeting on June 23, 2011. Several members of the business community were in attendance <br />
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