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agenda-report Adoption of an ordinance repealing and replacing Article 4, “Sustainable Food Service Ware and Prohibited Plastic Products” within Chapter 5 of Title 6 of the Municipal Code to adopt new regulations regarding the use of disposable food service ware

Pacifica City Council
March 14, 2022

Document
agenda-report Adoption of an ordinance repealing and replacing Article 4, “Sustainable Food Service Ware and Prohibited Plastic Products” within Chapter 5 of Title 6 of the Municipal Code to adopt new regulations regarding the use of disposable food service ware
Meeting
March 14, 2022
Body
Pacifica City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on pacificacityca.iqm2.com. That file is the official record.

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/14/2022
1 SUBJECT:

Adoption of an ordinance repealing and replacing Article 4, “Sustainable Food Service Ware and Prohibited Plastic Products” within Chapter 5 of Title 6 of the Municipal Code to adopt new regulations regarding the use of disposable food service ware RECOMMENDED ACTION:

Move to adopt the ordinance of the City Council of the City of Pacifica Repealing and Replacing Article 4, “Sustainable Food Service Ware and Prohibited Plastic Products” within Chapter 5 of Title 6 to add a New Article 4, “Regulating the Use of Disposable Food Service Ware by Food Facilities” to Regulate the Use of Disposable Food Service Ware; and find the ordinance exempt under the California Environmental Quality Act.

STAFF CONTACT:

Alyssa Barranti, Management Analyst
650-501-6027
[email protected]
Tina Wehrmeister, Assistant City Manager
650-738-7440
[email protected]
BACKGROUND/DISCUSSION:

This ordinance was introduced at the regular meeting of the City Council held on February 28, 2022 and is now in order for adoption.

At the February 28, 2022 City Council meeting, staff presented to Council an ordinance for consideration related to the required use, distribution and recordkeeping of disposable food service ware in alignment with California State Law, and the San Mateo County Model Ordinance. The County of San Mateo has agreed to lead enforcement and education efforts for provisions in alignment with the San Mateo County model ordinance. On February 28, 2022, City Council approved a Memorandum of Understanding with the County of San Mateo to provide education and enforcement of this ordinance within the City of Pacifica.

Included in the staff report, and as discussed at the City Council Meeting on February 28, 2022, City staff provided Council an alternative action to add provisions above and beyond the requirements of the San Mateo County Model Ordinance to include a reusables requirement for dine-in food facilities. The Council included a reusable requirement for dine-in food facilities effective June 1, 2023. (See Section 6-5.404 of the attached ordinance for adoption) Attached to this report is the final ordinance for adoption (Attachment A) with amendments requested by the Council to include a reusable requirement for dine-in food facilities; and the staff report from February 28, 2022 (Attachment B).

Pacifica City Council 2
March 14, 2022
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Consideration of an ordinance to Regulate the Use of Disposable Food Service Ware in Pacifica resonates with the City Council Goal of “Environmental Sustainability.” FISCAL IMPACT:

There is no direct fiscal impact to the City upon adoption of this ordinance for the provisions in alignment with the County ordinance, as the County of San Mateo will be responsible for education, outreach and enforcement of those provisions. The fiscal impact related to enforcement of provisions beyond the County ordinance provisions, which go into effect June 1, 2023, is unknown at this time.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Attachment A- Copy of Ordinance (PDF)
Attachment B- 2.28.22 Staff Report (PDF)

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