Agenda Item D.2
CPMS DISCUSSION/ACTION ITEM
Meeting Date: April 19, 2022
TO: Mayor and Councilmembers
FROM: Peter Imhof, Planning and Environmental Review Director
CONTACT: Stephanie Holmes, CivicSpark Fellow
Angeline Foshay, Management Assistant
SUBJECT: Ordinance Regulating Single -Use Foodware Accessories and Standard Condiments in Compliance with Assembly Bill 1276
RECOMMENDATION:
A. Introduce and conduct the first read ing by title only, waiving further reading of Ordinance No. 22-__ entitled “An Ordinance of the City of Goleta, California, Adding Chapter 8.18 to Title 8 of the Goleta Municipal Code Entitled , Single-Use Foodware Accessories and Standard Condiments.”
B. Direct staff to file a Notice of Exemption for the proposed ordinance.
BACKGROUND:
AB 1276 amended existing law regulating plastic straws and was signed by Governor Newsom in October 2021. The law now prohibits a food facility from providing any single- use foodware accessory or standard condiment to a consumer unless requested by the consumer and requires an enforcement agency be established by the City on or before June 1, 2022. The proposed ordinance included as Attachment 1 i s intended to satisfy State requirements for compliance with AB 1276.
Energy / Green Issues Standing Committee
At the Energy / Green Issues Standing Committee meeting on December 9, 2021, the City of Goleta staff provided information on components of ordinances addressing single- use plastic reduction generally, including approaches utilized by other jurisdictions, and summarized information provided by the Community Environmental Council (CEC) and Santa Barbara Channel Keeper (SBCK) on expanded polystyrene (EPS) for the City of Goleta. Staff sought feedback from the Committee on next steps regarding development of regulations for the City similar to those in other local jurisdictions to reduce plastic and EPS.
1 Meeting Date: April 19, 2022
During that meeting, staff received direction to not only comply with, but to take steps beyond those outlined in AB 1276 to create an ordinance that restricted single-use plastic items and EPS foodware accessories given certain phasing and cost considerations. After conducting initial research following the meeting , staff determined that a two -step approach to the development of plastic reduction regulations would be most effective.
Phased Approach to Regulation Development
To meet the state deadline of June 1, 2022 for compliance with AB 1276 requirements, the City’s Sustainability Program is taking a two -step approach to proposed plastic reduction regulations as follows . As the first step, staff has prepared the proposed ordinance to bring the City into compliance with the legislation.
The second step includes developing a second ordinance that would go beyond state law to limit single-use plastic foodware accessories and prohibit expanded polystyrene (EPS), as directed by the Committee. Staff has met with internal and external stakeholders to inform the content and an outreach approach for the second ordinance.
To date, staff has met with members of the Public Works Department, Community Relations Division, Code Compliance staff, and representatives from the County of Santa Barbara, MarBorg Industries, and re -useable foodware non -profit, Upstream, to gather information on best options to move forward. T he Sustainability Program is coordinating with the Community Relations Division, the City’s Spanish Engagement Specialist, and has submitted a budget appropriation request for a partnership with Los Promotores to assist with outreach to the Spanish -speaking community. Staff is considering a range of outreach options including but not limited to one-on-one meetings, social media and email blasts, and hosting virtual Q&A sessions as part of the outreach strategy.
The scope of the second ordinance is dependent on direction from the Green Committee and feedback from stakeholders. Following review and recommendation by the Energy / Green Issues Standing Committee, staff is tentatively targeting bringing the second ordinance to the City Council in July of 2022 for consideration and action.
DISCUSSION:
Adopting an ordinance to comply with AB 1276 will contribute to the goals set forth in the Planning & Environmental Review Department’s Annual Work Program. During the review of the Annual Work Program in 2021, the City Council assigned greater priority to plastic reduction, elevating “Regulations for Pol ystyrene Foam & Single Use Plastic Reduction” to the third priority item for the Sustainability Program.
There are several provisions and exemptions required by AB 1276 reflected in the draft ordinance as briefly summarized below.
Regulation of Single -Use Foodware Accessories – AB 1276 prohibits a food facility from providing any single -use foodware accessory or standard condiment to a consumer unless requested by the consumer. Single -use items cannot be 2 Meeting Date: April 19, 2022
bundled or packaged in a way that prohibits the c onsumer from taking only the item desired. These regulations apply to drive -through establishments and third - party delivery platforms. Several of these platforms (including GrubHub and DoorDash) have already changed their applications to default to no sing le-use items, allowing customers to add utensils, straws, and condiment if they want them.
Exemptions – The state identifies several exemptions from these restrictions. AB 1276 shall not apply to refillable self-service dispensers to allow a food facility to provide single -use foodware accessories as requested by the consumer.
Additionally, this ordinance shall not apply to certain institutions or facilities, including health care facilities, residential care facilities, and public and private school cafeterias.
Enforcement and Penalties – Pursuant to AB 1276, violations will be subject to enforcement and would be handled through the City’s typical complaint -based administrative citation process. However, administrative citation penalties will be issued in accordance with AB 1276. The first and second violations of these provisions will result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day the full -service restaurant is in violation, but not to exceed an annual total of $300.
City Council Energy / Green Issues Standing Committee
On March 21, 2022, the City Council’s Energy / Green Issues Standing Committee received an update on the phased approach to regulation development and reviewed the proposed ordinance. Staff requested input and a recommendation on the proposed ordinance. At the meeting, both Committee members supported the recommendation as described herein and the Committee unanimously recommended the item be brought forward to the City Council for discussion and action.
Environmental Review
Staff has assessed the environmental impact of the proposed ordinance and has determined that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000, et s eq.), pursuant to State CEQA Regulation §15061(b)(3) (14 Cal. Code Regs.§ 15061(b){3)) covering activities with no possibility of having a significant effect on the environment. The Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Gu idelines Sections 15307 and 15308 of Title 14 of the California Code of Regulations as actions taken by regulatory agencies for protection of natural resources and the environment.
The ordinance involves procedures for protection of the environment by pr ohibiting all food or beverage facilities in the City from providing disposable foodware accessories , except upon request, to reduce the volume of single-use foodware accessories in waste streams and throughout the natural environment. The California State Legislature has recognized that littered plastic products have caused and continue to cause significant 3 Meeting Date: April 19, 2022
environmental harm and have burdened local governments with significant environmental cleanup costs. With the ordinance, the City would exercise its re gulatory powers for the purpose of protecting natural resources and the environment. A Notice of Exemption is included as Attachment 2.
GOLETA STRATEGIC PLAN:
The recommended items in this report relate to the following 2021 -2023 Strategic Plan strategies, goals, and objectives:
City-Wide Strategy: Support Environmental Vitality
Strategic Goal: Adopt best practices in Sustainability
Objective: Offer services and implement programs to help the community reduce, reuse and recycle materials to promote zero waste practices
FISCAL IMPACTS:
There is no fiscal impact associated with this item. Adopting the ordi nance would satisfy State requirements for compliance with AB 1276.
ALTERNATIVES:
The City Council may elect to adopt the ordinance as proposed, modify the proposed ordinance and introduce the ordinance as modified, or decide not to adopt the ordinance.
However, not adopting the ordinance would render the City out of compliance with the law.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Ordinance No. 22-__ entitled “ An Ordinance of the City of Goleta, California, Adding Chapter 8.18 to Title 8 of the Goleta Municipal Code Entitled , Single-Use Foodware Accessories and Standard Condiments.”
2. CEQA Notice of Exemption
3. Staff Presentation
4 ATTACHMENT 1
Ordinance No. 22-__ entitled “An Ordinance of the City of Goleta, California, Adding Chapter 8.18 to Title 8 of the Goleta Municipal Code Entitled, Single-Use Foodware Accessories and Standard Condiments.”
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ORDINANCE NO. 22-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, ADDING CHAPTER 8.18 TO
TITLE 8 OF THE GOLETA MUNIC IPAL CODE ENTITLED
SINGLE-USE FOODWARE ACCESSORIES AND
STANDARD CONDIMENTS
WHEREAS the California State Legislature has recognized that littered plastic products have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs (California Public Resources Code Section 42355); and
WHEREAS, in October 2021, Governor Newsom signed into law California State Assembly Bill (AB) 1276, which expands on existing law prohibiting restaurants from providing single-use plastic straws, unless requested by the consumer, by prohibiting food facilities from providing any single -use foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer; and
WHEREAS single-use foodware accessories, including napkins, straws, condiments, forks, spoons, sporks, knives, and other disposable flatware, create waste and environmental hazards and therefore should only be made available upon request in compliance with AB 1276; and
WHEREAS over one hundred municipalities in California have adopted ordinances prohibiting or restricting single-use foodware accessories, which have reduced the volume of single-use foodware accessories in waste streams and throughout the natural environment; and
WHEREAS the City of Goleta City Council prioritized development of regulations for single -use p lastic reduction during review of the City of Goleta’s Planning and Environmental Review Department’s FY 21-22 Annual Work Program in 2021; and
WHEREAS, AB 1276 as amended requires the City to authorize an enforcement agency to enforce its requirements and the City seeks to comply by processing any code violations through the City’s administrative citation process in accordance with Title 1 of the Goleta Municipal Code; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Code Amendment. Title 8 of the Goleta Municipal Code, Health and Safety is amended to add Chapter 8.18 entitled “Single-Use Foodware Accessor ies and Standard Condiments,” to read in its entirety::
Title 2 of the Goleta Municipal Code, Administration and Personnel is amended to add Chapter 2.16 entitled Historic Preservation Commission, to read in its entirety:
Chapter 8.18 Single-Use Foodware Accessory and Standard Condiment Reduction
8.18.010 Title
8.18.020 Purpose and Applicability
8.18.030 Definitions
8.18.040 Requirements
8.18.050 Exemptions
8.18.060 Enforcement and Penalties
8.18.010 Title
This Chapter shall be known as “Single-Use Foodware Accessory and Standard Condiment Reduction Ordinance” and may be so cited.
8.18.020 Purpose and Applicability
The City Council finds and declares that the purpose of this Chapter is to comply with AB 1276 and mandate that all single-use foodware accessories and standard condiments be made available upon request only.
8.18.030 Definitions
(a) “AB 1276” means the California State Assembly Bill regulating the distribution of single-use foodware accessories by food vendors to be made available only upon request of the consumer. The new law applies to plastic and non-plastic single-use foodware items and standard condiments. This law requires the City of Goleta to authorize an enforcement agency on or before June 1, 2022.
(b) “ Single-use Foodware Accessories” means disposable products intended for single or limited number of uses, used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages. Single- use foodware includes, but is not limited to, plates, cups, bowls, trays, hinged or lidded containers, straws, stirrers, lid plugs, lids and utensils. This does not include disposable packaging for unprepared foods.
(c) “Standard Condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
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(d) “Food Service Vendor” means any business, organization, entity, group, or individual providing prepared food or beverages for public consumption on or off its premises within the City of Goleta.
(e) “Digital Ordering Platform” means the digital technology provided by an internet website or mobile application used by customers to order food and/or schedule food delivery.
(f) “Refillable Self-service Dispenser” means a container or equipment that is used to hold disposable foodware accessories for customers to obtain at their discretion.
8.18.040 Requirements for Food Service Vendors
A. Food Service Vendors shall only distribute single -use foodware accessories and standard condiments upon the request of the customer, unless a local, county or State emergency order is in effect requiring distribution of such single -use foodware accessories and standard condiments . However, employees are not prohibited from asking customers if they would like any single -use foodware accessories or standard condiments and providing the amount requested by the customer.
B. Food Service vendors shall place signs on the premises to inform customers and employees that single-use foodware accessories and standard condiments are offered only upon request.
C. Food Service vendors shall include in their Digital Ordering Platforms for ordering food a statement that communicates that single-use foodware accessories are offered only upon request and shall include the ability for customers to select which foodware accessories or standard condiments they want. The food service vendor shall customize its menu with a list of available single -use foodware accessories and standard condiments, and only those single -use foodware accessories or standard condiments selected by the consumer shall b e provided by the food facility. If a consumer does not select any single -use foodware accessories or standard condiments, no single -use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food.
D. Food Service Vendors shall instruct employees to inform customers that single-use foodware accessories and standard condiments are offered only upon request.
E. Food Service Vendors shall not package S ingle-use Foodware Accessories and Standard Condiments in a manner that prohibits a custome r from taking only the type of Single -use Foodware Accessory or Standard C ondiment desired without also having to take a different type of Single-use Foodware Accessory or Standard Condiment.
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F. Food Service Vendors may ask a drive-through customer if the consumer wants a Single-use Foodware Accessory if the Single -use Foodware A ccessory is necessary for the consumer to consume ready -to-eat food, or to prevent spills of or safely transport ready -to-eat food, or to prevent spills of or safely transport ready-to-eat food.
8.18.050 Exemptions
A. This chapter shall not apply to Refillable Self-Service Dispensers. Food Service Vendors may therefore make Standard Condiments and Single-use Foodware Accessories available for customers to obtain as needed. Food Service Vendors are encouraged to use bulk dispensers for the condiments rather than condiments packaged for single-use.
B. This chapter shall not apply to the following institutions or facilities:
a. Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code.
b. Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1240) of Division 2 of the Health and Safety Code.
c. Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.
d. Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the Health and Safety Code.
8.18.060 Enforcement and Penalties
A. The first and second violations of this chapter shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed an amount of three hundred dollars ($300) annually.
B. Unless otherwise provided for in this Chapter 8.10, t he City’s procedures on imposition of administrative fines, Chapter 1.02, Sections 1.02.010 – 1.02.140, are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this article and any rule or regulation adopted pursuant to this article, except as otherwise indicated in this article. This article shall only apply to those entities subject to the City’s regulatory jurisdiction.
C. The City Manager, or his/her designee, shall have primary responsibility for enforcement of this chapter and shall have authority to issue citations for violation of any provision of this chapter. The City Manager, or his/her designee, may establish regulations or administrative procedures and take any actions 9 65266.00008\34922510.1
reasonable and necessary to further t he purposes of this chapter or to obtain compliance with this chapter, including, without limitation, performing an inspection of a retail establishment’s premises to verify compliance with this chapter.
D. Any violation of any of the requirements of th is chapter shall constitute an infraction. Each and every day that a violation occurs shall constitute a separate violation.
E. The remedies and penalties provided in this chapter are cumulative and not exclusive, and nothing in this chapter shall preclude the City from pursuing any other remedies. The City Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this chapter and any regulation or administrative procedure developed pursuant hereto.
SECTION 2. No Conflict with Federal or State Law. Nothing in this Chapter is intended to create any requirement, power, or duty that is in conflict with any federal or state law.
SECTION 3. CEQA. The City of Goleta has determined that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section s 21000 et seq.), pursuant to State CEQA Guidelines §15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)) covering activities with no possibility of having a significant effect on the environment. The Ordinance is also exempt from the requirements of CEQA pursuan t to CEQA Guidelines Sections 15307 and 15308 of Title 14 of the California Code of Regulations as actions taken by regulatory agencies to assure the maintenance, restoration, enhancement of natural resources, or protection of the environment.
SECTION 4. Severability. 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.
SECTION 5. Certification. The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
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SECTION 6. Effective Date. This ordinance shall take effect on the 31 st day following adoption by the City Council.
INTRODUCED ON the ___ day of ________, 2022.
PASSED, APPROVED, AND ADOPTED this ________day of ______ 2022.
_________________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 22-__ was introduced on _______, and adopted at a regular meeting of the City Council of the City of Goleta, Californ ia, held on the _______, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
12 ATTACHMENT 2
CEQA Notice of Exemption
13 NOTICE OF EXEMPTION (NOE)
1 To: Office of Planning and Research From: City of Goleta P.O. Box 3044, 1400 Tenth St. Rm. 212 130 Cremona Drive, Suite B Sacramento, CA 95812-3044 Goleta, CA 93117
Clerk of the Board of Supervisors
County of Santa Barbara
105 E. Anapamu Street, Room 407
Santa Barbara, CA 93101
Subject: Filing of Notice of Exemption
Project Title: Amendments to Title 8 of the Goleta Municipal Code, adding Chapter 8.18 - Single-Use Foodware Accessories and Standard Condiments
Project Applicant: City of Goleta
Project Location (Address and APN): Goleta City Hall, 130 Cremona Drive, Suite B Goleta, CA 93117
Description of Nature, Purpose and Beneficiaries of Project: In Octo ber 2021, Governor Gavin Newsom signed AB 1276, amending ex isting law regulating plastic straws to prohibit food facilit ies from providing any single -use foodware accessory or standard condiment to a consumer, unless requested by the consumer, as provided. The law requires an enfo rcement agency be established by the City on or before June 1 st, 2022.
The City of Goleta City Council prioritized development of regulations fo r single -use plastic reduction during review of the City of Goleta’s Planning and Envi ronmental Review Departmen t’s Annual Work Program in 2021 . The City of Goleta seeks to implement AB 1276 as amended by passing an ordinance to prohibit distribution of single-use foodware accessories and standard condiments unless requested by t he consumer. Pursuant to AB 1276, violations will be subject to enforcement and would be handled through the City’s administrative citation process and penalties will be issued in compliance with AB 1276 . The ordinance adds a new Chapter 8. 18 of the Goleta Municipal Code to satisfy State requirements in compliance with AB 1276.
Name of Public Agency Approving the Project: City of Goleta
Name of Person or Agency Carrying Out the Project: City of Goleta
Exempt Status: (check one)
Ministerial (Sec. 15369)
Statutory (Sec. 21080.35)
Categorical Exemption: (Sec. 15307 & 15308)
Emergency Project (Sec. 15359)
Other: (Sec 15061(b)(3))
Reason(s) why the project is exempt:
14 NOTICE OF EXEMPTION (NOE)
2 The City of Goleta has determined that the adopti on of this Ordinance is exempt f rom review under the California Envi ronmental Quality Act ("CEQA") (California Public Resources Code Section s 21000 et seq.), pursuant to State CEQA Guidelines §15061(b)(3) (14 Cal. C ode Regs.§ 15061(b)(3)) because the activity is covered by the general rule whi ch exempts activities that can be se en with certainty to have no possibility for causing a significant effect on the environment. The Ordinance is also exempt from the requirem ents of CEQA pursuant to CEQA Guidelines Sections 15307 and 1 5308 of Title 14 of the California Code of Regula tions as actions taken by regulatory agencies for protection of natural resources and the environment.
CEQA Guide lines Section 15307 (i.e., Class 7) provides an exemption fro m environmental review for "acti ons taken by regulatory agencies , as authorized by state law or local ordinance , to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment.”
CEQA Guidel ines Section 15308 (i.e., Class 8) provides an ex emption from environmental review for "actions taken by regulatory agencies , as authorized by state law or local o rdinance, to assure the maintena nce, restoration, enhancement , or protection of the environme nt where the regulatory process involves procedur es for protection of the environment.”
The ordinance involves procedures for protection of th e environment by pro hibiting all food or beverage fa cilities in the City from pro viding disposable foodware acces sories, except upon request, to reduce the volume of single-use foodware accessories in waste streams and throughout the natural environment . The California State Legislature has recognized that littered plastic products hav e caused and continue to cause s ignificant environmental harm and have burdened l ocal governments with significant environmental cleanup costs . With the ordinance, the City would exercise its reg ulatory powers for the purpose of protecting natural resources and the environment.
City of Goleta Contact Person and Telephone Number:
Peter Imhof Director, Planning & Environmental Review Date
15 NOTICE OF EXEMPTION (NOE)
3 If filed by the applicant:
1. Attach certified document of exemption finding
2. Has a Notice of Exemption been filed by the public agency approving the project?
Yes No
Date received for filing at OPR: _____________________________________________
Note: Authority cited: Section 21083 and 211110, Public Resources Code Reference: Sections 21108, 21152.1, Public Resources Code 16 ATTACHMENT 3
Staff Presentation
17