HomeMy WebLinkAbout30 - Polystyrene Food PackagingCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 30
June 10, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Sharon Wood, Assistant City Manager
949 - 644 -3222, swood @city.newport- beach.ca.us
SUBJECT: Recommendation from Environmental Quality Affairs Committee
Regarding Limitations on Use of Polystyrene Food Packaging
Materials
ISSUE:
Should Newport Beach prohibit the local use of polystyrene food packaging materials?
RECOMMENDATION:
Provide direction to staff.
DISCUSSION:
Background:
The City Council has received presentations from students at Mariners' Elementary
School and Newport Harbor High School (NHHS) regarding the environmental effects of
polystyrene (Styrofoam), and requests for the City Council to ban its use. When this
issue was presented to the City Council in June 2007, staff provided the attached report
requesting policy direction. The City Council approved Tier 1 and Tier 2 actions, with an
exemption for OASIS. Tier 1 includes activities such as increased enforcement of and
penalties for littering and increased City actions to keep trash out of the storm drain
system. Tier 2 is a prohibition on City use of polystyrene, including purchase, use at
City- sponsored events and use at events needing a Special Event Permit.
The Environmental Quality Affairs Committee (EQAC) has received presentations
similar to those made to the City Council, and EQAC members have conducted their
own research into the effects of polystyrene and actions taken by other cities to ban its
use. At their meeting of May 19, 2008, EQAC unanimously approved the attached
memorandum to the Mayor and Council. It discusses research on the effects of
Recommendation from EQAC Regarding Limitations on Use of
Polystyrene Food Packaging Materials
June 10, 2008
Page 2
polystyrene and actions taken by other cities in California, and recommends that "the
City of Newport Beach take action to limit, and eventually ban, the local use of
polystyrene food packaging materials." More specifically, EQAC recommends an
ordinance that would take effect within one year. This recommendation is consistent
with Tier 3 in the June 12, 2007 report.
Analysis:
Staff views working with local restaurants and food serving establishments to eliminate
their use of polystyrene as something that has strong potential to have an effect on the
overall impacts from this material. As examples, attached to this report are ordinances
adopted by the Cities of Laguna Beach and Oakland, and a draft prepared by the NHHS
Surf and Environmental Class. Should the City Council be interested in a ban on such
products, while that sounds like a responsible action for the City Council to take, it is not
without its issues.
Minimal Reduction in Local Beach Litter
The NHHS students talked about the product ending up on our beaches and the
environmental damage it can do to sea life, in addition to the beach litter it creates.
Staff estimates that more than ninety percent (90 %) of our beach visitors live in other
cities, and very few stop in Newport Beach to purchase their food and drink prior to
going to the beaches. Most start out their trip with food and drink already packed.
Therefore, the effect of a local polystyrene ban might not be noticeable in reduced litter
on our beaches. The effort to educate these beach users would require a non - ending
effort to be effective.
Enforcement
A ban on polystyrene is not a regulation that would be enforced by the beach lifeguards,
nor by the Police. If it were left up to our Park Patrol staff to enforce, that enforcement
would be sporadic, given the other responsibilities of the position and the little time our
Park Patrol people spend on the beaches. Enforcement by Code and Water Quality
Enforcement staff would also be sporadic, unless additional overtime for weekend
enforcement was used. Therefore, there is the issue of a regulation being put in place
with adequate signage, but with no direct enforcement follow -up. The City did ban
smoking on the beach without active enforcement, so there is a precedent for doing so.
However, such lack of enforcement can cause frustration on the part of those people
who take the ban seriously and want others to respect it, setting up situations for
potential conflict among beach users.
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Recommendation from EQAC Regarding Limitations on Use of
Polystyrene Food Packaging Materials
June 10, 2006
Page 3
Public Notice
The best method to notify people, especially visitors from outside Newport Beach, that a
ban on polystyrene products is in force is problematic. This could be handled by
incorporating an enforcement message on existing signs. However, signs already
contain a list of beach regulations that, unless someone takes the time to read them,
may be lost to beach users. Additional signage has the potential to cause beach
signage clutter.
Restaurant Impacts
A representative of the Earth Resources Foundation has met with the Restaurant
Association Board of Directors and shared information on alternative materials that
could be used in place of polystyrene products. While the Board did not take action on
the matter and expressed concerns about costs to their industry, they recognized that a
polystyrene ban may be inevitable and expressed willingness to assist in its
implementation, if that is the direction taken by the City Council.
Staff Time
Preparation of an ordinance appropriate for Newport Beach will require staff time for
additional research, coordination with the Newport Beach Restaurant Association, and
analysis of economic impacts and means of enforcement.
Submitted by:
Sharon Wood
Assistant City Manager
Attachments: 1. City Council Staff Report, June 12, 2007
2. Memorandum from EQAC
3. Laguna Beach Ordinance
4. Oakland Ordinance
5. NHHS Draft Ordinance
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No.
June 12. 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
949/644 -3002 or dkiff @city.newport - beach.ca.us
SUBJECT: Policy Direction regarding Polystyrene Use in Newport Beach
ISSUE:
What should be done to reduce or eliminate the amount of polystyrene that appears on
our beaches and in our local waterways?
RECOMMENDATION:
Direct staff to pursue one or more (or none) of the polystyrene reduction options listed in
this staff report and to return at a future meeting with implementation language for
additional consideration.
DISCUSSION:
In recent weeks, students at Newport Harbor High School have asked the City to
consider a ban on polystyrene (also known as Styrofoam @) in our community, in order
to attempt to reduce the amount of polystyrene in our waterways and on our beaches.
Polystyrene is a commonly found waste product on our beaches, and does not
decompose rapidly.
If the Council is concerned about the quantity of polystyrene found in the community, it
could do a variety of things to reduce the amount of it that end up as waste:
Tier 1 - Activities that Do Not Involve a Ban
A. Increase penalties for tittering.
B. Increase enforcement against littering.
C. Increase amount of street - sweeping where trash tends to accumulate.
D. Expand the City's catch basin screen program, keeping as much trash out of our
waterways by keeping it out of the storm drain system.
E Work within the National Pollutant Discharge Elimination System (NPDES) and with the
Regional Water Board to encourage upstream cities to expand their catch basin screen
programs (many cities don't have the programs at all), to better enforce anti - litter laws,
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Polystyrene Options
June 12, 2007
Page 2
and to add to the number of trash booms in key waterways that end up in Newport Bay or
the Santa Ana River
F. Adopt a community recognition program for businesses, schools, and other entities that
follow key trash reduction principles, including on -site recycling, participation in Coastal
Clean -up Days, and ending or reducing the amount of non - biodegradable packaging
products they use (including polystyrene)
COMMENTS: Each of these Tier 1 ideas are relatively simple to enact, but could involve some
small additional costs to purchase alternative products. According to General Services Director
Mark Harmon, items 1 -C and 1 -D will involve significant cost increases, depending on the scope
of the program expansion.
Tier 2 - Polystyrene Prohibitions Relating to City Activities or Permitted Events
A. Adopt a Council Policy prohibiting the City government from purchasing or using
polystyrene.
B. Adopt a Council Policy requiring that any City - sponsored special a vent (CDM 5K, OC
Marathon, etc) not use polystyrene.
C. Direct staff to include language in all new concession contracts that prohibits
concessionaires from using polystyrene for food service or packaging and that requires a
recycling program at the concession site.
D. Adopt a Council Policy that requires any e vent needing a Special Event Permit (most
activities that in volve the rental or use of city facilities) to expressly prohibit the use of
polystyrene materials for the special event.
COMMENTS: These Tier 2 ideas can be enacted without too much difficulty, provided that we
are able to find comparable products (especially for food service and food warming) to replace
polystyrene. It may be somewhat difficult to proactively enforce the Special Event Permit
restrictions, so we may end up doing that on an after - the -fact basis. Holding back a deposit
might be a way to make the enforcement aspect of this work. The ideas are generally symbolic
in nature, but they could reduce the amount of polystyrene on our beaches to a small extent.
In preparing this staff report, I surveyed several departments that may use polystyrene. Celeste
Jardine -Haug of the OASIS Senior Center reports that 'The daily meals program uses
Styrofoam® plates and cups ... they would have to move to paper which might be more money.
(As to the) ...Meals on Wheels (program), ...only a couple of things (they use) have
Styrofoam ®. (OASIS) uses cups only and could move to paper (cardboard). For special events
we could use real plates and wash them (lots of time and staff needed) or find a stiffer paper
type plate. I believe that would increase cost. All in all, it would be doable."
Tier 3 - Outright Bans
A. Amend the Municipal Code to prohibit the use ofpolystyrene by any food service
establishment.
B. Amend the Municipal Code to prohibit the use ofpolystyrene by anyperson using an
ocean or bay beach.
C. Amend the Municipal Code to prohibit the use ofpolystyrene by any business, school,
government, or non profit in Newport Beach's corporate limits.
D. Amend the Municipal Code to prohibit the use or sale ofpolystyrene products by any
business, school, or non profit in Newport Beach's corporate limits.
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Polystyrene Options
June 12, 2007
Page 3
COMMENTS: These ideas in Tier 3 require greater enforcement resources and will be
challenging to maintain over time. They may have some effect in reducing the amount of
polystyrene that ends up in our waterways and on our beaches, but likely not as much of an
effect as proponents think. Some (if not most) of the waste we see on our beaches and in our
harbor comes from upstream sources or drifts onto our beaches from boats, other watersheds
(including the Los Angeles River, the San Gabriel River, and more) after being transported by
ocean currents.
Each of these Tier 3 options should, as a courtesy, be discussed with local businesses, the
Chamber of Commerce, and the restaurant association before further consideration.
Council may wish to discuss these various alternatives, offer other alternatives not listed
here, and direct staff to return with specific implementation of one or more options at a
future Council meeting.
Committee Action: This item has not been heard by any Committee.
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Public Notice: This agenda item may be noticed according to the Brown Act (72 hours
in advance of the public meeting at which the City Council considers the item).
Submitted by:
Dave Kiff
Assistant City Manager
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23 May 2008
To: Ed Selich, Mayor, City of Newport Beach
From: Environmental Quality Affairs Citizens Committee (EQAC)
Subject: Limitations on use of polystyrene packaging in Newport Beach
CC: Councilmembers: Curry, Daigle, Gardner, Henn, Rosansky,
Webb
Polystyrene is used in packaging of food, electronics and a wide
variety of consumer products commonly available in our community.
Styrofoam (an air - blown, expanded form of polystyrene) is commonly used
in beverage cups, "peanut" packaging fillers, pre - formed electronics
shipping containers and super market food packages, but some form of
polystyrene can be found in the packaging of a majority of the products we
buy. Hundreds of tons of such material are produced and used in California
each year with Newport Beach using its proportionate share. Although some
of the material finds its way into landfills and recycling centers, a large
portion is used and discarded in such a way as to find its way into our storm
drains, rivers, streams, bay and ocean or onto our beaches. Based on our
population, Newport Beach alone could be using and disposing of over 300
tons per year of polystyrene in support of our local food service industry
(reference 1). Since polystyrene does not naturally decompose, the majority
of this builds up in our landfills or pollutes the ocean. This conclusion is
supported by a study by the California Integrated Waste Management Board
(reference 2, Executive Summary) that states: "There is no meaningful
recycling of food service polystyrene ".
This issue has been studied extensively by the Earth Resources
Foundation and Newport Harbor High School Surf and Environmental
Class. They have collected a significant inventory of technical articles and
studies detailing the extent and severity of the problems. Reference 3 is a
marine research technical report showing the extensive impact of plastic
debris on the zooplankton in the Pacific Ocean off California, describing it
as a "major threat to marine life ". Reference 4 is an Orange County Grand
Jury Report that addresses effective control of debris in the Orange County
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watershed and harbors, and suggests in recommendations 7 & 8 (pg. 11) that
the County and cities should implement procedures to "prohibit the use of
disposable plastics and Styrofoam" and "encourage businesses ....to reduce
the use and sale of disposable plastic and Styrofoam ". Elimination of these
materials will require that some businesses change their packaging
approaches. To assist them in this task, Reference 5 is a list of 32
distributors of biodegradable and recyclable food service containers that can
be used as substitutes for current containers.
Many California municipalities have already recognized the situation
and enacted ordinances either banning or severely limiting the local use of
polystyrene food packaging (reference 6). In most cases, these ordinances
have been limited to "takeout food packaging" with adequate lead -time
provisions to allow affected vendors to find alternative, affordable
packaging approaches. In most cases the municipalities have preceded the
ordinances with self - imposed restrictions on city operations to demonstrate
viability and to allow for time to prepare. Over 30 communities are listed in
the reference 6 article including Long Beach, Los Angeles, Santa Monica
and Laguna Beach (where Municipal Code Section 7.05, "Disposable Food
Containers" goes into effect July 1, 2008).
Recognizing the significance of this problem, EQAC believes that it is
now reasonable for the City of Newport Beach to take action to limit, and
eventually ban, the local use of polystyrene food packaging materials. Our
stewardship of the local waterways, beaches and ocean demands it, and a
large number of other communities have successfully paved the way for us.
We recommend that preparation of an appropriate ordinance should proceed
with the objective of implementation within one year from now.
H
REFERENCES
"Environmental Effects of Polystyrene Production and Disposal ",
3/1/07, Californians Against Waste,
www .cawrecyclables.org/issues /epss environmental effects
2. "Use and Disposal of Polystyrene in California ", Dec. 2004,
Report to California Legislature by California Integrated Waste
Management Board,
www.ciwmb.ca.gov/Publications/Plastics/43204003.pdf
"Density of Plastic Particles found in Zooplankton Trawls from
Coastal Waters of California to the North Pacific Central Gyre ", by
C.J. Moore, G. L. Lattin, A. F. Zellers, Algalita Marine Research
Foundation, 148 N. Marina Drive, Long Beach, CA 90803, USA
www.al aliQ ta.orW/pdf/ Density %20of%20Particles %20spellchkdll -
OS.pdf
4. "The Rainy Season's `First Flush' Hits the Harbors of Orange
County ", Orange County 2000 Grand Jury Report and
Recommendations, www.oc rg andiury .org /pdfs /GJFirstFlush.pdf
5. "Distributors of Biodegradable and Recyclable Food Service
Containers ", City of Santa Monica, Environmental Programs
Division, www.smepd.org/containe
6. "List of Local Food Packaging Ordinances ", 4/25/08, Californians
Against Waste,
www.cawrecyclables.org /issues /polystyrene ordinances list
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Chapter 7.05 DISPOSABLE FOOD CONTAINERS Page 1 of 3
Laguna Beach Municipal Code
Up Previous Meat Main Collapse Search Print No Frames
Title 7 HEALTH AND A$_ NIT TIO
Chapter 7.05 DISPOSABLE FOOD CONTAINERS
7.05.010 Definitions.
"City facilities" means any building, structure or vehicle owned, leased or operated by the city, its
agents, agencies, departments and franchisees.
"Customer" means any person obtaining prepared food or beverages from a restaurant or retail food
vendor
"Disposable food service ware" means all single -use disposable products for serving or transporting
prepared food or beverages, including without limitation takeout foods and/or leftovers from partially consumed
meals prepared by a restaurant or food vendor. Disposable food service ware includes containers, bowls, plates,
trays, cartons, ice chests, lids, straws, forks, spoons, knives, and other items and utensils.
"Food vendor" means any restaurant or retail food vendor located or operating within the city.
"Nonrecyclable plastic" refers to any plastic that cannot be feasibly recycled by a municipal recycling
program in the State of California, including polystyrene and expanded polystyrene.
"Polystyrene foam" means and includes blown polystyrene and expanded and extruded forms
(sometimes called Styrofoam, a Dow Chemical Co. trademarked form of polystyrene foam insulation), which are
thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques,
including without limitation fusion of polymer spheres (expandable bead polystyrene), injection molding, foam
molding and extrusion -blown molding (extruded foam polystyrene). Polystyrene foam is generally used to make
cups, bowls, plates, trays, clamshell containers, meat trays, egg cartons, and ice chests.
"Prepared food" means food or beverages served, packaged, cooked, chopped, sliced, mixed, brewed,
frozen, squeezed or otherwise prepared on the food vendor's premises or within the city. Prepared food may be
eaten either on or near the premises, also known as "takeout food."
"Recyclable food packaging" means any food packaging including glass, cans, cardboard, paper, or
other items which can be recycled, salvaged, composted, processed, or marketed by means other than land filling
or burning, whether as fuel or otherwise so that they can be returned to use by society.
"Restaurant" means any establishment located within the city that sells prepared food for consumption
on, near or off its premises by customers. Restaurants for purposes of this chapter includes itinerant restaurants,
pushcarts and vehicular food vendors as those terms are defined in Chapters 7.04.
"Retail food vendor" means any store, shop, sales outlet or other establishment, including a grocery
store or a delicatessen, other than a restaurant, located within the city that sells prepared food. (Ord. 1480 § I,
2007).
7.05.020 Food „packaging and sales prohibitions for disposable food service ware.
... _ _ __ .........
(a) Retail food vendors are prohibited from dispensing prepared food or beverages to customers in
disposable food service ware made from expanded polystyrene foam or nonrecyclable plastic.
(b) Retail food vendors are prohibited from retail sales of expanded polystyrene foam or
nonrecyclable plastic products used as disposable food service ware.
(c) All city facilities, city- managed concessions, city- sponsored events, city- permitted events and
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Chapter 7.05 DISPOSABLE FOOD CONTAINERS
Page 2 of 3
all franchisees, contractors and vendors doing business with the city are prohibited from using disposable food
service ware made from expanded polystyrene or non - recyclable plastic within the city.
(d) The prohibitions set forth in this section shall not apply to containers, plates or trays for raw,
butchered meats, fish and/or poultry sold from a butcher case or similar retail appliance. (Ord. 1480 § 1, 2007).
7.05,030 Exceptions.
(a) The city manager or his/her designee may exempt a food vendor or retail food vendor from the
requirements of this chapter for a one -year period, upon a showing by the applicant that the conditions of this
chapter would cause undue hardship. An "undue hardship" may consist of:
(1) Situations unique to the food provider where there are no reasonable alternatives to expanded
polystyrene or nonrecyclable plastic food service ware and compliance with this chapter would cause a severe
economic hardship to that food provider;
(2) Situations where no reasonably feasible available alternative exists to a specific and necessary
expanded polystyrene or nonrecyclable plastic.
(b) A food provider granted an exemption must reapply prior to the end of the one -year exemption
period and demonstrate continued undue hardship, if it wishes to have the exemption extended. Extensions may
only be granted for intervals not to exceed one year.
(c) An exemption application shall include all information necessary for the making of a decision
on the application, including, not limited to documentation showing the factual support for the claimed
exemption. The applicant may be required to provide additional information to permit the determination of facts
regarding the exemption application.
(d) An exemption application may be approved in whole or in part, with or without conditions.
(e) The city manager or his /her designee may also determine to exempt from the requirements of
this chapter the procurement of supplies or services in the event of a proclaimed emergency or when otherwise
deemed necessary by the city manager for the immediate preservation of the public health, safety or general
welfare. (Ord. 1480 § I, 2007).
7.05.040 Enforcement and notice of violations.
(a) The city manager or his /her designee shall have primary responsibly for enforcement of this
chapter and shall have authority to issue citations for violation of this chapter. The city manager or his/her
designee is authorized to establish regulations or administrative procedures and to take any and all actions
reasonable and necessary to further the purposes of this chapter or to obtain compliance with this chapter,
including, without limitation inspection of any vendor's premises to verify compliance in accordance with
applicable law.
(b) Anyone violating or failing to comply with any of the requirements of this chapter or of any
regulation or administrative procedure authorized by it shall be guilty of an infraction.
(c) The city attorney may seek legal, injunctive, or any other relief to enforce this chapter and any
regulation or administrative procedure authorized hereby.
another.
(d) The remedies and penalties provided in this chapter are cumulative and not exclusive of one
(e) Administrative Remedies.
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Chapter 7.05 DISPOSABLE FOOD CONTAINERS
Page 3 of 3
(1) For the first violation, the city manager or his /her designee, upon determination that a
violation of this chapter has occurred, shall issue a written warning notice in the form of a courtesy citation to the
food provider that will specify the violations and the appropriate penalties in the event of future violation.
(2) A fine not exceeding one hundred dollars for the first violation following the issuance of a
warning notice.
(3) A fine not exceeding two hundred dollars for the second violation following the issuance of a
warning notice.
(4) A fine not exceeding five hundred dollars for the third and any subsequent violation that
occurs following the issuance of a warning notice.
(5) Fines are cumulative and each day that a violation occurs shall constitute a separate violation.
(Ord. 1480 § I, 2007).
7.05.050 Effective date.
This ordinance will be effective on July I, 2008. (Ord, 1480 § 1, 2007)-
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f)Ft 1C E :. - ! IF. "IT ' __..1i P.
r Approved as to Form and Legality
20H J;1'i 26 :ifi 9: 32 .�
Introduced by Councilmember,QUAN AND DE LA FUENTE
(USE IF APPUCABLEI O wand City Attorney's Office
_..OAKLAND CITY COUNCI_L..
Ordinance No. 12747 C.M.S.
AN ORDINANCE TO PROHIBIT THE USE OF POLYSTYRENE FOAM
DISPOSABLE FOOD SERVICE WARE AND REQUIRE THE USE OF
BIODEGRADABLE OR COMPOSTABLE DISPOSABLE FOOD SERVICE
WARE BY FOOD VENDORS AND CITY FACILITIES
This ordinance will institute two distinct practices by all food vendors and City Facilities in
Oakland. The first is that the use of polystyrene foam disposable food service ware will be
prohibited. The second is that all disposable food service ware will be required to be
biodegradable or compostable, as long as it is affordable.
WHEREAS, the City of Oakland has a duty to protect the natural environment, the
economy, and the health of its citizens; and
WHEREAS, effective ways to reduce the negative environmental impacts of throw-
away food service ware include reusing food service ware and using compostable and
biodegradable take -out materials made from renewable resources such as paper, com starch
and sugarcane; and
WHEREAS, polystyrene foam is a common environmental pollutant as well as a non-
biodegradable substance that is commonly used as food service ware by food vendors
operating in the City of Oakland; and
WHEREAS, there continues to be no meaningful recycling of polystyrene foam food
service ware and biodegradable or compostable food service ware is an affordable, safe, more
ecologically sound alternative; and
WHEREAS, affordable biodegradable or compostable food service ware products are
increasingly available for several food service applications such as cold cups, plates and hinge
containers and these products are more ecolpgically sound than polystyrene foam materials
and can be turned into a compost product; and
. WHEREAS, the Oakland Coliseum has successfully replaced its cups with
biodegradable com starch cups and has shown an overall cost savings due to organics
recycling; and
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WHEREAS, over 155 businesses in Oakland engage in organics recycling and it has
been demonstrated that the use of biodegradable or compostable food service ware can reduce
waste disposal costs when the products are taken to composting facilities as part of an
organics recycling program rather than disposed in a landfill; and
WHEREAS, the natural compost product from these biodegradable or compostable
materials is used as fertilizer for farms and gardens, thereby moving towards a healthier zero
waste system; and
WHEREAS, disposable food service ware constitutes a large portion of the litter in
Oakland's estuary, streets, parks and public places and the cost of managing this litter is high
and rising; and
WHEREAS, polystyrene foam is notorious as a pollutant that breaks down into
smaller, non - biodegradable pieces that are ingested by marine life and other wildlife thus
harming or killing them; and
WHEREAS, due to the physical properties of polystyrene, the EPA states "that such
materials can also have serious impacts on human health, wildlife, the aquatic environment
and the economy." and
WHEREAS, a 1986 EPA report on solid waste named the polystyrene manufacturing
process as the fifth largest creator of hazardous waste in the United States; and
WHEREAS, in the product manufacturing process as well as the use and disposal of
the products, the energy consumption, greenhouse gas effect, and total environmental effect,
polystyrene's environmental impacts were second highest, behind aluminum, according to the
California Integrated Waste Management Board; and
WHEREAS, styrene, a component of polystyrene, is a known hazardous substance
that medical evidence and the Food and Drug Administration suggests leaches from
polystyrene containers into food and drink; and
WHEREAS, styrene is a suspected carcinogen and neumtoxin which potentially
threatens human health; and
WHEREAS, styrene has been detected in the fat tissue of every man, woman and
child tested by the EPA in a 1986 study; and
WHEREAS, the general public is not typically warned of any potential hazard,
particularly in the immigrant and non - English- speaking community; and
WHEREAS, due to these concerns nearly 100 cities have banned polystyrene foam
food service ware including several California cities, and many local businesses and several
national corporations have successfully replaced polystyrene foam and other non -
biodegradable food service ware with affordable, safe, biodegradable products; and
WHEREAS, restricting the use of polystyrene foam food service ware products and
replacing non - biodegradable food service ware with biodegradable food service ware
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products in Oakland will further protect the public health and safety of the residents of
Oakland, the City of Oakland's natural environment, waterways and wildlife, would advance
The City's goal of Developing a Sustainable City, advance the City's goal of Zero Waste by
2020 and fulfill Article 10 of the Environmental Accords, whereby Oakland partnered with
other cities across the globe in signing a commitment to eliminate or restrict the use of one
chemical or environmental hazard every year,
._ .RKCITSLCOIINCILOF—THE..0 T—Y- OF OROAIPI CFIAW-F -
8.07 OF THE MUMCIPAL CODE SHALL BE:
Section 8.07.010 Definitions
"Affordable" means purchasable by the Food Vendor for same or less purchase cost than the
non - Biodegradable, non - Polystyrene Foam alternative.
"ASTM Standard" means meeting the standards of the American Society for Testing and
Materials (ASTM) International standards D6400 or D6868 for biodegradable and
compostable plastics.
"Biodegradable" means the entire product or package will completely breakdown and return
to nature, i.e., decompose into elements found in nature within a reasonably short period of
time after customary disposal.
" Compostable" means all materials in the product or package will break down into, or
otherwise become part of, usable compost (e.g., soil - conditioning material, mulch) in a safe
and timely manner in an appropriate composting program or facility, or in a home compost
pile or device. Compostable Disposable Food Service Ware includes ASTM- Standard Bio-
Plastics (plastic -like products) that are clearly labeled, preferably with a color symbol, such
that any compost collector and processor can easily distinguish the ASTM Standard
Compostable plastic from non -ASTM Standard Compostable plastic.
"City Facilities" means any building, structure or vehicles owned or operated by the City of
Oakland, its agent, agencies,. departments and franchisees.
"Customer" means any person obtaining Prepared Food from a Restaurant or Retail Food
Vendor.
"Disposable Food Service Ware" means all containers, bowls, plates, trays, cartons, cups,
lids, straws, forks, spoons, knives and other items that are designed for one -time use and on,
or in, which any Restaurant or Retail Food Vendor directly places or packages Prepared
Foods or which are used to consume foods. This includes, but is not limited to, service ware
for Takeout Foods and/or leftovers from partially consumed meals prepared at Restaurants or
Retail Food Vendors.
"Food Vendor" means any Restaurant or Retail Food Vendor located or operating within the
City of Oakland.
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"Polystyrene Foam" means and includes blown polystyrene and expanded and extruded foams
(sometimes called Styrofoam, a Dow Chemical Co. trademarked form of polystyrene foam
insulation) which are thermoplastic petrochemical materials utilizing a styrene monomer and
processed by any number of techniques including, but not limited to, fusion of polymer
spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow
molding (extruded foam polystyrene). Polystyrene Foam is generally used to make cups,
bowls, plates, trays, clamshell containers, meat trays and egg cartons.
"Prepared Food" means Food or Beverages, which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the Food Vendor's premises
or within the City of Oakland. For the purposes of this ordinance, Prepared Food does not
include raw, butchered meats, fish and/or poultry sold from a butcher case or similar retail
appliance. Prepared Food may be eaten either on or off the premises, also known as "takeout
food ".
" Restauranf' means any establishment located within the City of Oakland that sells Prepared
Food for consumption on, near, or off its premises by Customers. Restaurant for purposes of
this Chapter includes Itinerant Restaurants, Pushcarts and Vehicular Food Vendors as those
terms are defined in sections 5.49, 8.08, 8.44 of the City of Oakland Municipal Code.
"Retail Food Vendor" means any store, shop, sales outlet, or other establishment, including a
grocery store or a delicatessen, other than a Restaurant, located within the City of Oakland
that sells Prepared Food.
Section 8.07.040 Prohibited Food Service Ware
A. Except as provided in Section 8.07.042, Food Vendors are prohibited from providing
Prepared Food to Customers in Disposable Food Service Ware that uses Polystyrene Foam.
B. All City Facilities are prohibited from using Polystyrene Foam Disposable Food Service
Ware and all City Departments and Agencies will not purchase or acquire Polystyrene Foam
Disposable Food Service Ware for use at City Facilities.
C. City franchises, contractors and vendors doing business with the City shall be prohibited
from using Polystyrene Foam Disposable Food Service Ware in City facilities or on city
projects within the City of Oakland.
Section 8.07.041 Required Biodegradable and Compostable Disposable Food Service
Ware
A. All Food Vendors using any Disposable Food Service Ware will use Biodegradable or
Compostable Disposable Food Service Ware unless they can show an Affordable
Biodegradable or Compostable product is not available for a specific application. Food
Vendors are strongly encouraged to reuse Food Service Ware in place of using Disposable
Food Service Ware. In instances that Food Vendors wish to use a Biodegradable or
Compostable Disposable Food Service Ware Product that is not Affordable, a Food Vendor
may charge a "take out fee'to customers to cover the cost difference.
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B. All City Facilities will use Biodegradable or Compostable Disposable Food Service Ware
unless they can show an Affordable Biodegradable or Compostable product is not available
for a specific application.
C. City franchises, contractors and vendors doing business with the City will use
Biodegradable or Compostable Disposable Food Service Ware unless they can show an
Affordable Biodegradable or Compostable product is not available for a specific application.
Section 8.07.042 Exemptions
A. Prepared Foodsprepared or packaged outside the City of Oakland are exempt from the
provisions of this Chapter. Purveyors of food prepared or packaged outside the City of
Oakland are encouraged to follow the provisions of this Chapter.
B. Food Vendors will be exempted from the provisions of this Chapter for specific items or
types of Disposable Food Service Ware if the City Administrator or his/her designee finds
that a suitable Affordable Biodegradable or Compostable alternative does not exist and/or that
imposing the requirements of this Chapter on that item or type of Disposable Food Service
Ware would cause undue hardship.
C. Polystyrene Foam coolers and ice chests that are intended for reuse are exempt from the
provisions of this Chapter.
D. Disposable Food Service Ware composed entirely of aluminum is exempt from the
provisions of this Chapter.
E. Emergency Supply and Services Procurement: In a situation deemed by the City
Administrator to be an emergency for the immediate preservation of the public peace,. health
or safety, City Facilities, Food Vendors, City franchises, contractors and vendors doing
business with the City shall be exempt from the provisions of this Chapter.
Section 8.07.043 Liability and Enforcement
A. The City Administrator or his/her designee will have primary responsibility for
enforcement of this Chapter. The City Administrator or his/her designee is authorized to
promulgate regulations and to take any and all other actions reasonable and necessary to
enforce this Chapter, including, but not limited to, entering the premises of any Food Vendor
to verify compliance.
B. Anyone violating or failing to comply with any of the requirements of this Chapter will be
guilty of an infraction pursuant to Chapter 1.28 O.M.C.
C. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this
Chapter.
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Section 8.07.044 Violations - Penalties
1. If the City Administrator or his/her designee determines that a violation of this Chapter
occurred, he /she will issue a written warning notice to the Food Vendor that a violation has
occurred.
2. If the Food Vendor has subsequent violations of this Chapter, the following penalties will
apply
a. A fine not exceeding one hundred dollars ($100.00) for the first violation after the
warning notice is given.
b. A fine not exceeding two hundred dollars ($200.00) for the second violation after
the warning notice is given.
c. A fine not exceeding five hundred dollars ($500.00) for the third and any .future
violations after the warning notice is given.
3. Food Vendors may request an administrative hearing to adjudicate any penalties issued
under this Chapter by filing a written request with the City Administrator, or his or her
designee. The City Administrator, or his or her designee, will promulgate standards and
procedures for requesting and conducting an administrative hearing under this Chapter. Any
determination from the administrative hearing on penalties issued under this Chapter will be
final and conclusive.
Section 8.07.045 Study
One year after the effective date of this Chanter, the City Administrator will conduct a study
on the effectiveness of this Chapter.
Section 8.07.0456 Effective Date
This Chapter will become effective January 1, 2007.
IN COUNCIL, OAKLAND, CALIFORNIA, 1 8006 2006
PASSED BY THE FOLLOWING VOTE:
AYES - BRUNNER, KERNIGHAN, NADEL, QUAN,V""i� REID, CHANG,
AND
PRESIDENT DE LA FUENTE — %
NOES — + Igroof--s
ABSENT —-
ABSTENTION —
ATTEST:
LATOWA SIMMONS
City Clerk and Clerk dF the
Council of the City of Oakland
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DRAFT —PROPOSAL DEVELOPED BY NEWPORT HARBOR HIGH SCHOOL SURFAND ENVIRONMENTAL CLASS
City Council Meeting Newport Beach, CA
ORDINANCE NUMBER (CCS)
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH BANNING NON - RECYCLABLE PLASTIC DISPOSABLE
FOOD SERVICE CONTAINERS
WHEREAS, there are currently over 300 individual restaurants and food service businesses in Newport Beach;
and
WHEREAS, many of these businesses use disposable food containers made from expanded polystyrene (EPS)
and other non - recyclable plastics; and
WHEREAS, EPS is not biodegradable and as a result persists in the environment for hundreds and possibly
thousands of years; and
WHEREAS, EPS material easily breaks down into smaller pieces and is so light that it floats in water and is
easily carried by the wind, even when it has been disposed of properly; and
WHEREAS, numerous studies have documented the prevalence of EPS debris in the environment, including in
storm drains and on beaches, causing Newport Beach residents to pay thousands of dollars in clean -up costs; and
WHEREAS, marine animals and birds often confuse EPS for a source of food and the ingestion of EPS often
results in reduced appetite and nutrient absorption and possible death by starvation of birds and marine animals; and
WHEREAS, recycling of EPS products is not currently economically viable; and
WHEREAS, there are several alternatives to EPS disposable food service containers available in Newport Beach
from existing food packaging suppliers; and
WHEREAS, an important goal of any city's sustainable city plan is to procure and use sustainable products and
services; and
WHEREAS, it is the City's desire to reduce the amount of beach litter and marine pollution and to protect local
wildlife, both of which increase the quality of life to Newport Beach residents and visitors,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 5.44 is hereby added to the Newport Beach Municipal Code as follows:
5.44.010 Definitions
(a) "Biodegradable" refers to the ability of a material to decompose into elements normally found in nature within a
reasonably short period of time after disposal.
(b) "City Facilities" refers to buildings and structures owned or leased by the City of Newport Beach.
(c) "Disposable Food Service Container" means single -use disposable products used in the restaurant and food
service industry for serving or transporting prepared, ready -to- consume food or beverages. This includes but is not
limited to plates, cups, bowls, trays and hinged or lidded containers. This does not include single -use disposable items
such as straws, cup lids, or utensils, nor does it include single -use disposable packaging for unprepared foods.
(d) "Expanded Polystyrene" (EPS) means polystyrene that has been expanded or "blown" using a gaseous blowing
agent into a solid foam,
(e) "Food Provider" means any establishment, located or providing food within the City of Newport Beach, which
provides prepared food for public consumption on or off its premises and includes without limitation any store, shop, sales
outlet, restaurant, grocery store, super market, delicatessen, catering truck or vehicle, or any other person who provides
prepared flood; and any organization, group or individual which regularly provides food as a part of its services.
(f) "Non- Recyclable Plastic" refers to any plastic which cannot be feasibly recycled by a municipal recycling program
in the State of California, including polystyrene and expanded polystyrene.
DRAFT— PROPOSAL DEVELOPED BY NEWPORT HARBOR HIGH SCHOOL SURFAND ENVIRONMENTAL CLASS
(g) "Polystyrene" means and includes expanded polystyrene which is a thermoplastic petrochemical material utilizing
a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres
(expandable bead polystyrene), injection molding, form molding, and extrusion -blow molding (extruded foam polystyrene).
The term "polystyrene" also includes clear or solid polystyrene which is known as "oriented polystyrene ".
(h) 'Prepared Food" means any food or beverage prepared for consumption on the food provider's premises, using
any cooking or food preparation technique. This does not include any raw uncooked meat, fish or eggs unless provided
for consumption without further food preparation.
(i) 'Recyclable Plastic" means any plastic which can be feasibly recycled by a municipal recycling program in the
State of California. Recyclable plastics comprise those plastics with the recycling symbols #1 through #5 including
polyethylene terephthalate (PET or PETE), high density polyethylene (HDPE), low density polyethylene (LDPE), and
polypropylene (PP),
5.44.020 Prohibition on the Use of Non - Recyclable Plastic Disposable Food Service Containers
A. Except as provided in Section 5.44.030, food providers are prohibited from dispensing prepared food to
customers in disposable food service containers made from expanded polystyrene.
B. Except as provided in Section 5.44.030, food providers are prohibited from dispensing prepared food to
customers in disposable food service containers made from non - recyclable plastic.
C. All City Facilities, City- managed concessions, City sponsored events, and City permitted events are prohibited
from using disposable food service containers made from expanded polystyrene or non - recyclable plastic.
5.44.030 Exemptions
(a) The Director of the Environmental and Public Works Management Department (EPWM), or his /her designee, may
exempt a food provider from the requirements of this ordinance for a one year period, upon showing by the food provider
that the conditions of this ordinance would cause undue hardship. An "undue hardship" shall be found in:
1. Situations unique to the food provider where there are no reasonable alternatives to expanded
polystyrene or non - recyclable plastic disposable food service containers and compliance with this Chapter would
cause significant economic hardship to that food provider;
2, Situations where no reasonably feasible available alternatives exist to a specific and necessary expanded
polystyrene or non - recyclable plastic food container. A food provider granted an exemption by the City must re-
apply prior to the end of the one year exemption period and demonstrate continued undue hardship, if it wishes to
have the exemption extended. Extensions may only be granted for intervals not to exceed one year.
(b) An exemption application shall include all information necessary for the City to make its decision, including but not
limited to documentation showing the factual support for the claimed exemption. The Director may require the applicant to
provide additional information to permit the Director to determine facts regarding the exemption application.
(c) The Director may approve the exemption application, in whole or in part, with or without conditions.
(d) Exemption decisions are effective immediately and final and are not subject to appeal.
5.44.040 Enforcement and Notice of Violations
A. The Director of EPWM or his /her designee shall have primary responsibility for enforcement of this ordinance and
the Director of EPWM or his /her designee shall have authority to issue citations for violation of this Chapter. The Director
of EPWM or his /her designee is authorized to establish regulations or administrative procedures and to take any and all
actions reasonable and necessary to further the purposes of this chapter or to obtain compliance with this chapter,
including, but not limited to, inspecting any vendor's premises to verify compliance in accordance with applicable law.
B. Anyone violating or failing to comply with any of the requirements of this chapter or of any regulation or
administrative procedure authorized by it shall be guilty of an infraction.
aq
DRAFT— PROPOSAL DEVELOPED BY NEWPORT HARBOR HIGH SCHOOL SURF AND ENVIRONMENTAL CLASS
C. The City Attorney may seek legal, injunctive, or any other relief to enforce this chapter and any regulation or
administrative procedure authorized by it.
D. The remedies and penalties provided in this chapter are cumulative and not exclusive of one another.
5.44.050 Penalties and Fines for Violations
Violations of this ordinance shall be enforced as follows:
A. For the first violation, the Director of EPWM or his/her designee, upon determination that a violation of this
chapter has occurred, shall i °sue a written warning notice to the food provider which will specify the violation and the
appropriate penalties in the event of future violations.
B. Thereafter, the following penalties shall apply:
1. A fine not exceeding one hundred dollars ($100.00) for the first violation following the issuance of a
warning notice.
2. A fine not exceeding two hundred and fifty dollars ($250.00) for the second and any other violation that
occurs following the issuance of a warning notice.
C. Fines are cumulative and each day that a violation occurs shall constitute a separate violation.
5.44.60 Effective Dates
A. No food provider shall distribute or utilize disposable food service containers containing expanded polystyrene or
non - recyclable plastic on or after one year following the adoption of this ordinance by the City Council.
B. No City facilities, City managed concessions, City sponsored events or City permitted events shall distribute or
utilize disposable food service containers containing expanded polystyrene or non - recyclable plastic on or after the
effective date of this ordinance
SECTION 2. Any provision of the Newport Beach Municipal Code or appendices thereto inconsistent with the
provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that
extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and
each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to
whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City
Clerk shall cause the same ;o be published once in the official newspaper within 15 days after its adoption. This
Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM;
ROBIN CLAUSON ' * **
City Attorney
* ** * *This is a draft —developed by students
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Jun 10 08 03:21p Laura 9497218039 p.1
„RECEIVED Fik cEN�qq,�
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To: Newport Beach City Council
Date: June 10, 2008 _
From: Laura Dietz, Corona del Mar
Subject: Comments from Santa Monica Experience for
Review on Considering _a Styrofoam Ban in Newport Beach
In June 2006, two years ago, the attached article reviewed
the Styrofoam issue and provided some data:
(a) at the bottom of page two it reads, "City officials
note that 92% of foam pollution comes from runoff that
streams into the bay through storm drains from around the
county ";
(b) at that time, Santa Monica City staff was directed
to review the ordinance in two years to evaluate its success
and its level of compliance (page 3).
The latter suggests perhaps a more comprehensive
approach involving multiple municipalities in the County
relative to runoff. As a former member of the packaging
industry (glass), I've learned it is very important to address
this issue with sufficient reliable facts and data, and
consider the impact on local businesses. Good intentions
notwithstanding more data may be needed.
Attachment
Jun 10 08 03:21p Laura 9497218039 p.2
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ThC-1 L too k "Out news
Council Bans Styrofoam, Plastic, though Impacts
are Unclear
By Olin Ericksen
Staff Writer
June 15 -- Uncertain about the impact on pollution and profits, the City
Council Tuesday night banned the use of Styrofoam and non - recyclable
plastic containers for businesses in Santa Monica.
While not a "magic bullet," City officials hope other cities, such as Los
Angeles, will follow suit and help reduce beach and ocean pollution.
"If we do this tonight, I think the rest of Los Angeles will follow to the
tremendous benefit of Santa Monica Bay," said Council member Kevin
McKeown, who sponsored a broader motion than staff had recommended to
include non - recyclable plastics along with Styrofoam.
The impact of these products on the environment is unique, said Dean
Kuban, the City's acting environmental program manager, and their long-
term effects are dramatic.
"This is one of the most prominent forms of pollution on Santa Monica
beaches," Kuban said. "It persists in the environment for decades," he said,
noting that it harms both the environment and animals, such as fish and birds,
which swallow the non - recyclable foam.
After listening to arguments by officials from food, packaging, and chemical
industry groups who said more public outreach and investments in drainage
and containment of the trash may have a greater impact than a product ban,
the council sided with staff and environmental groups_
"We feel more (than public outreach) needs to be done," Kubani said.
Heal the Bay Director Mark Gold noted that Styrofoam and non - recyclable
plastic containers accounted for 37 percent of all trash the non -profit
collected during nearly 250 beach clean -ups.
But the ban will not come without a price_ After a similar ban was enacted in
Malibu local businesses reported the switch cost them nearly $30,000.
Santa Monica City officials readily admitted they had a hard time gauging the
ban's impact on local merchants,
Estimates based on surveys of between l 50 and 200 businesses, found that
switching to more recyclable packaging products, such as paper, plastic and
httP : / /www.surfsantamonca.comissm sitdffie_lookoutlnewsINews- 2006 /June - 2006/06 15... 6/10/2008
Jun 10 08 03:21p Laura 9497218039 p.3
tinfoil, would cost businesses anywhere from nothing to nearly 300 percent
more each month.
The merchants hardest hit by the ban would be mostly fast -food restaurants,
which could pay as much as $180 more per month.
Those estimates, however, are uncertain.
Anecdotal evidence presented by Council member Bobby Shriver indicated
that at least one local McDonald's owner suggested the fast food restaurant
may have to spend as much as $8,000 a year make the switch-
Because businesses and Styrofoam makers were reluctant to release financial
information, Kubani said he `would not be in a position to argue with" claims
that the ban could have a deeper impact.
Indeed, some local business -- such as Frino Misto on Colorado Avenue,
which notes that a third of its business is take -out — said the ban could impact
sales because hot food may not retain heat during a customer's trip home.
"If quality of product is not what they want, we are worried about sales," said
Melinda Amaya, Fritto Misto's general manager.
At least one eatery owner, who goes by the name Janabai, had a different take
in the ban's impact on Euphoria, the restaurant she runs on Main Street
Janabai has always used biodegradable products for take out, which she
estimates accounts for nearly 80 percent of Euphoria's business. In fact, she
believes the restaurant is more popular because it is environmentally friendly.
"We've passed on the value to our consumers," she said. "From a high -dollar
tourist prospective, we need to take a lead or someone else will."
In a nod to local businesses, the City will provide a hardship exemption for
businesses that are most heavily impacted, although there was no mention of
how that would work.
While the ban's economic impacts are uncertain, it is also unclear what, if
any, effect it will have on pollution on Santa Monica beaches.
"This will not clean up the beach," said Shriver, who argued greater regional
cooperation on the issue is needed.
City officials are unclear how much trash would be reduced, because much of
the foam waste on Santa Monica beaches comes from Los Angeles and
surrounding communities, which are not considering a ban.
In fact, City officials note that 92 percent of local foam pollution comes from
runoff that streams into the bay through storm drains from around the county. Or"
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Due to its uncertain impacts, the council directed staff to review the
ordinance in two years to evaluate its success and level of compliance.
. J LOOKOUr Copyright 1999 -2008 surfsantamonica.com_ All Rights Reserved E �
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