1 STAFF REPORT
DATE: March 25, 2025
TO: Justin Hess, City Manager
FROM: Ken Berkman, Public Works Director
Via: John Molinar, Assistant Public Works Director – Street and Sanitation By: Amber Duran, Recycling Coordinator
SUBJECT: Implementation Update for the City’s Waste Reduction Ordinance
RECOMMENDATION
Note and file.
BACKGROUND
On February 13, 2024, the Burbank City Council passed the Waste Reduction Ordinance (Ordinance) (Attachment 1) with the goal of reducing the environmental impact of single- use plastics and promoting sustainable practices within the community. This O rdinance was designed to reduce plastic waste, encourage the use of recyclable or compostable alternatives, and promote the use of reusable foodware in dining establishments. Council requested staff return with an update in 12 months from the effective date of the Ordinance.
In accordance with Assembly Bill 1276 (AB 1276), the provision in the Ordinance requiring all foodware be made available to customers “upon request only” took immediate effect upon its adoption on February 13, 2024. On July 1, 2024, the Ordinance made it unlawful for any person or business to sell or distribute polystyrene (plastic #6) foodware. The next phase will begin on January 1, 2026, when dining establishments will be required to serve dine-in customers with reusable foodware only and food facilities will no longer be allowed to distribute single-use foodware that is not compostable or recyclable.
DISCUSSION
After Council adopted the Ordinance, City staff provided several educational resources to assist local businesses in complying with the new regulations. Businesses can receive:
PUBLIC
WORKS
2 • free technical assistance, which includes personalized visits from City staff , to provide guidance on achieving product compliance;
• access to free signage available in multiple languages, including English, Armenian, Spanish, and Cantonese to inform customers about the changes; and • access to a compliant product list that is regularly updated with compostable and recyclable alternative products.
The City’s website is regularly updated to provide clear and accessible information and serves as a comprehensive resource for businesses , offering links to the full text of the Ordinance, details about key dates of when different provisions will take effect, and information about enforcement measures. The website also includes educational materials, such as facts about the environmental impact of single-use plastics, as well as the Business Toolkit, which features a brochure, a link to the most up- to-date compliant product list, and signage that businesses can download and display.
The Compliant Product List, available on the City’s website, has proven to be an important resource. Although there have been some challenges sourcing compostable or recyclable products due to supply chain issues, the list is continuously updated to provide the latest product information to the City’s businesses . Staff continues to work closely with the business community, offering guidance on available alternatives and maintaining an updated product list.
In terms of outreach, the City partnered with the consulting firm ReCreate Waste Collaborative to conduct in- person visits to businesses. Outreach efforts began in September 2024, with a focus on businesses that are currently using polystyrene (plastic #6). The City aims to visit 400 businesses by the end of June 2025, with 301 businesses already visited as of February 2025. The outreach efforts are organized into phases, with Phase 1 focusing on businesses using polystyrene and Phase 2 working with businesses in three distinct geographical zones. These zones include Zone 1 ( area east of the I-5), Zone 2 (Burbank Blvd south to city borders and west of the I-5), and Zone 3 (Burbank Blvd north to city borders and west of the I-5).
As part of the City’s ongoing outreach effort s, businesses received a packet of educational materials that included a 13-page brochure detailing the Ordinance, a letter of support from the Public Works Director , a synopsis of S tate laws relevant to waste reduction, and an implementation checklist. Additional resources in the packet included information on SB 1383 (organics and recycling), SB 619 (reusable customer containers), AB 1276 (accessories upon request), and SB 54 (ensuring foodware sold in California is recyclable or compostable). The packet also provide d a guide to identifying compliant products and available resources for businesses to contact.
3 Furthermore, the City developed customer signage that is available to businesses to assist them with communicating new practices to customers. This includes signage such as "Available Upon Request" and "Take What You Need" to encourage sustainable behavior. The signage is available on the City’s website in English, Armenian, Spanish, and Cantonese.
Additional outreach methods have included mailers sent to businesses as part of their license renewal, articles featured in the Recycle Center Newsletter, and email advertisements through the Chamber of Commerce. Additionally, th e Sustainable Burbank Commission (SBC) hosted an "Unmasking Plastics" event on February 19, 2025, to engage and educate the community. The SBC also received an update from staff on the Ordinance implementation progress during their public meeting on February 24, 2025
The City has established a process for addressing complaints and ensuring compliance with the Ordinance. Businesses that are found to be out of compliance are first visited by City staff, who provide educational guidance. If issues persist, an additional visit is scheduled to ensure corrective actions have been taken. If the violations remain uncorrected, a Notice of Violation (NOV) will be issued, allowing the business 60 days to correct the issue. Should violations continue, citations are issued, with cum ulative penalties: $100 for the first violation, $200 for the second violation, and $500 for each subsequent violation. As of the writing of this report, no NOVs have been necessary to obtain compliance.
ENVIRONMENTAL REVIEW
This update is not subject to CEQA pursuant the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections: 15060(c)(2), because the O rdinance does not result in a direct or reasonably foreseeable indirect physical change in the environment; 15061(b)(3), because the O rdinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant negative effect on the environment; and 15308, because the Ordinance involves regulatory actions to assure protection of the environment. The Ordinance adopted municipal code provisions and involves activities that serve to further protect the environment by reducing plastic waste. As such, this update is exempt from CEQA and no further environmental review is necessary.
FISCAL IMPACT
There is no fiscal impact associated with this informational update on the City’s Waste Reduction Ordinance.
CONCLUSION
The City of Burbank has made substantial progress in implementing its Waste Reduction Ordinance. Through a combination of educational outreach, technical assistance, and 4 community engagement, the City’s businesses are being guided toward compliance.
While challenges such as supply chain issues may slow the transition to compliant products, the City remains committed to providing ongoing support to businesses as they navigate the changes. With key compliance deadlines approaching in 2026, the City will continue to monitor progress and provide updates on the ordinance’s implementation.
Staff is confident that these efforts will lead to a successful reduction in waste and a more sustainable future for Burbank.
ATTACHMENT
Attachment 1 – Approved Waste Reduction Ordinance 24-4,008