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Attachment 1 <br />Auletta, Jennifer <br />Subject: FW: For 4:30 Rules Committee Meeting Item 1 <br />Importance: High <br />From: Cheryl Miraglia at Miraglia Catering <br />Sent: Monday, July 25, 20112:59 PM <br />To: Handa, Marian <br />Cc: Auletta, Jennifer <br />Subject: For 4:30 Rules Committee Meeting Item 1 <br />Importance: High <br />IRAGLIA <br />July 25, 2011 <br />Marian, <br />I would appreciate if the following could be read into the record tonight and copies given to each <br />member as I will be unable to attend. Thank you very much. <br />City Council Rule and Committee Members: <br />It is with regret that I cannot attend tonight's committee meeting. I have had bronchitis for two weeks <br />and am home again today ... I do need to chair a Municipal Advisory Council meeting tonight and need to <br />save my voice and strength for same. My apologies. <br />Once again, staff has done a commendable job in facilitating this proposed ordinance — particularly <br />given the fact it is not staff's suggestion nor recommendation. If the ordinance were to move forward, <br />the latest changes made by staff are a definite improvement. <br />Having said that, it is my belief that the basis for the ordinance is seriously flawed and should therefore <br />die in committee. To begin with, please refer to the second and third "whereas" of your proposed <br />resolution:WHEREAS, CalRecycle estimates that Californians use 165,000 tons of polystyrene foam <br />each year for packaging and food service purposes alone, and currently there is no economically <br />feasible means of recycling this product locally; and WHEREAS, disposable food service ware <br />constitutes a portion of the litter in San Leandro's streets, parks and public places that increases City <br />maintenance costs. <br />The first in no way quantifies what amount or percentage of 165,000 tons is food service related, let <br />alone in San Leandro and the second talks about a "portion" — According to Public Works, the amount <br />of polystyrene foam in the landfill is less than a FRACTION OF ONE PERCENT .... and the amount of food <br />service related polystyrene foam even smaller. <br />The point is — If you are going to pass an ordinance to address a problem, then do it equitably. This <br />means <br />1)apply it to ALL polystyrene foam use — do not just single out one industry — and particularly an <br />industry that contributes such a miniscule amount to the alleged problem <br />2)per CEQA, provide substantiated support for the need for the ordinance <br />3)educate the public via funded outreach <br />