Agenda Item B.5
CPMS CONSENT CALENDAR
Meeting Date: May 17, 2022
TO: Mayor and Councilmembers
FROM: Peter Imhof, Planning and Environmental Review Director
CONTACT: Stephanie Holmes, CivicSpark Fellow
Angeline Foshay, Management Assistant
SUBJECT: Second Reading of Ordinance Regulating Single -Use Foodware Accessories and Standard Condiments in Compliance with Assembly Bill 1276
RECOMMENDATION:
Conduct the second reading by title only and waive further reading and adopt Ordinance No. 22 -__ entitled “ An Ordinance of the City Council 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.”
BACKGROUND:
On April 19, 2022, the City Council introduced the first reading of an ordinance that would require single -use foodware accessories and standard condiments be available upon request only, in compliance with AB 1276. Upon further review, the City Attorney identified that the requirement of signage and the definition of “Single-Use Foodware Accessories” in the initially introduced ordinance went beyond the bare requirements of state law. Staff re-introduced a revised ordinance and Council conducted a first reading on May 3, 2022.
This ordinance would bring the City in compliance with California Assembly Bill (AB) 1276 (2021, Carrillo), which is intended to reduce single-use waste statewide. The law now prohibits a food facilit y from providing any single -use foodware accessory or standard condiment unless requested by the consumer and requires an enforcement agency be designated by the City on or before June 1, 2022. The proposed ordinance included as Attachment 1 is intended to satisfy State requirements for compliance with AB 1276.
DISCUSSION:
A second reading of the introduced ordinance is required before its adoption by the City Council. If Council adopts this ordinance, it would become effective on the thirty-first day after adoption.
1 Meeting Date: May 17, 2022
There are several provisions and exemptions required by AB 1276 reflected in the proposed 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 bundled or packaged in a way that prohibits the consumer 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 single -use items, allowing customers to add utensils, straws, and condiments, if desired.
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, thi s 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. 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.
FISCAL IMPACTS:
There is no fiscal impact associated with this item. Adopting the ordinance would satisfy State requirements for compliance with AB 1276.
ALTERNATIVES:
The City Council may elect to adopt the revised ordinance as proposed or modify the proposed ordinance and introduce the ordinance as modified.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
2 Meeting Date: May 17, 2022
ATTACHMENT:
1. Ordinance No. 22 -__ entitled “ An Ordinance of the City Council 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”
3 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.”
4 65266.00008\34922510.1
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 MUNICIPAL CODE ENTITLED SINGLE-USE
FOODWARE ACCESSORIES AND STANDARD CONDIMENTS
WHEREAS
the California State Legislature has recognized that littered p lastic products have caused and continue to cause significant environmental harm and have burdened local governments with signi ficant environmental clean up costs (California Public Resources Code Section 42355); and
WHEREAS, in October 2021, Governor Newsom signed into law California S tate Assembly Bill (AB) 1276, which e xpands on existing law prohibit ing 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 plastic and non-plastic foodware accessories, includ ing napkins, straws, condiments, for ks, spoons, sporks, knives, and other disposable flatware, create waste and envir onmental 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, whi ch 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 plastic reduction during review of the City of G oleta’s Planning and Environmental Review Department’s FY 21-22 Annual Work Program in 2021; and
WHEREAS AB 1276 as amended requires the Cit y to authorize an enforcemen t 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
WHEREAS, on April 19, 2022, the Council conducted a first reading of a n ordinance implementing AB 1276, which included an expanded definition of “Single-use Foodware Accessories” and signage requirements for businesses beyond what AB 1276 requires; and
WHEREAS the Council intends to meet the requirements of AB 1276, but n ot to go beyond its requirements until public outreach has been compl eted and any proposed expansion beyond these requirements has received full discussion and consideration; 5 65266.00008\34922510.1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment. Title 8 of the Goleta Municipal Code, Health and Safety is amended to add Chapter 8.18 ent itled “Single-Use Foodware Ac cessories and Standard Condiments,” 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 a nd 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 regulati ng the distribution of single-use foodware accessories by food vendors to be made avai lable only upon request of the consumer. The new law applies to plastic and non-plastic single-use foodware items and standard condim ents. This law requires the C ity of Goleta to authorize an enforcement agency on or before June 1, 2022.
(b)
“Single-use Foodware Accessories” means all the following single-use items provided alongside ready-to-eat food: utensils, which is defined as fork s, knives, spoons, and sporks; chopsticks; condiment cups and packets; straws; stirrer s; splash sticks; cocktail sticks.
(c) “Standard Condiment” means relishes, spices, sauces, confec tions, or seasonings that require no additional preparation and that are usually use d on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
6 65266.00008\34922510.1
(d) “Food Service Vendor” means any business, organization, entity, group, or individual providing prepared food or bever ages for public consumption on or off its premises within the City of Goleta.
(e) “Digital Ordering Platform” means the digital technology pr ovided by an internet website or mobile application used by customers to order food a nd/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 fo r 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 sin gle-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 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 thos e single-use foodware accesso ries or standard condiments selected by the cons umer shall be provided by the fo od facility. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodw are accessory or standard condim ent shall be provided by the food facility for delivery of ready-to-eat food.
C. Food Service Vendors shall instruct employees to inform cust omers that single-use foodware accessories and standard condiments are offered only upon request.
D. Food Service Vendors shall not package Single-use Foodware A ccessories and Standard Condiments in a manner that prohibits a customer from taking only the type of Single-use Foodware Accessory or Standard Condiment desired without also having to take a different type of Single-use Foodware Accessor y or Standard Condiment.
E. Food Service Vendors may ask a drive-through customer if the consumer wants a Single-use Foodware Accessory if the Single-use Foodware Access ory is necessary for the consumer to consume ready-to-eat food, or to prevent sp ills of or safely transport ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
7 65266.00008\34922510.1
F. Food Service Vendors are encouraged, but not required, to take actions in addition to the requirements of this section that support the goal of reducing the use of and waste generated by all single-use food service products.
8.18.050 Exemptions
A. This chapter shall not apply to Refillable Self-Service Disp ensers. Food Service Vendors may therefore make St andard Condiments and Single-use F oodware Accessories available for customers to obtain as needed. Food S ervice Vendors are encouraged to use bulk dispensers for the condiments rather tha n 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 (comme ncing 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 cafet erias, 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 i n violation, but not to exceed an amount of three hundred dollars ($300) annually.
B. Unless otherwise provided for in this Chapter 8.10, the City’s procedures on imposition of administrative fines, Chapter 1.02, Sections 1.02.010 – 1.02 .140, are hereby incorporated in their entirety, a s modified from time to time, and shall govern the imposition, enforcement, collect ion, and review of administrati ve 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 re sponsibility for enforcement of this chapter and shall have authority to issue c itations for violation of any provision of this chapter. Th e City Manager, or his/her designee, may establish regulations or administrative pr ocedures and take any actions r easonable and necessary to further the purposes of this chapter or to obtain compliance with this 8 65266.00008\34922510.1
chapter, including, without limit ation, performing an inspectio n of a retail establishment’s premises to verify compliance with this chapter.
D. Any violation of any of the requirements of this 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 reli ef to enforce the provisions of this chapter and an y 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 deter mined that the adoption of this Ordinance is exempt from revie w under the California Environmen tal Quality Act ("CEQA") (California Public Resources Code Sections 21000 et se q.), 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 pursuant to CEQA Guideline s 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 unconstitutio nal 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 pu blished in accord with California Law.
SECTION 6. Effective Date . This ordinance shall take effect on the 31 st day following
adoption by the City Council.
9 65266.00008\34922510.1
INTRODUCED ON the ___ day of ________, 2022.
PASSED, APPROVED, AND ADOPTED this ________day of ______ 2022.
_________________________
P A U L A P E R O T T E
M A Y O R
A T T E S T : A P P R O V E D A S T O F O R M :
__________________________ _________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
C I T Y C L E R K C I T Y A T T O R N E Y
10 65266.00008\34922510.1
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk o f the City of Goleta, Californ ia, 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, California, held on the _______, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
( SEAL)
_________________________
D E B O R A H S . L O P E Z
CITY CLERK
11