Administrative
Report
N.4., File # 23-5435 Meeting Date: 2/21/2023
To: MAYOR AND CITY COUNCIL
From: JOE HOFFMAN, CHIEF OF POLICE
TITLE
DISCUSSION AND POSSIBLE ACTION ON AN UPDATED REPORT FOR POLYSTYRENE AND
SINGLE USE PLASTIC PRODUCT EDUCATION AND ENFORCEMENT EFFORTS
EXECUTIVE SUMMARY
On January 14, 2020, the City Council adopted an Ordinance prohibiting the use of polystyrene and single use plastic products. The Ordinance became eligible for enforcement on August 13, 2020.
The Police and Public Works Departments pursued increased compliance through a joint education, inspection and enforcement campaign comprised of both departments and a contracted consultant.
Violations of this Ordinance are considered an infraction. In 2022, 331 businesses were inspected for compliance of the Ordinance. Out of 933 inspections conducted at these businesses, a total of five were found to be out of compliance. After follow-up by the contracted consultant and the Police Department, all five businesses returned to compliance. Presently, education, inspections and enforcement are on-going and are maintaining a high level of compliance.
BACKGROUND
The City of Redondo Beach enacted an ordinance regulating the use of polystyrene and single use plastic products in order to address pollution issues created by balloons and plastic products.
Balloons and plastics, including single-use plastics and polystyrene, have raised environmental and health concerns related to water pollution, the welfare of marine life and human health.
On September 17, 2019, the City Council directed staff to draft an ordinance prohibiting the use of polystyrene products by food vendors, including single-use disposable products and the release of certain types of balloons. On January 7, 2020, the City Council introduced an ordinance adding Title 5, Chapter 10 to the Redondo Beach Municipal Code (RBMC). The Ordinance was adopted on January 14, 2020. The Ordinance mainly addressed polystyrene and single-use disposable products and addressed the release of helium-filled balloons. The portion of the Ordinance dealing with the plastics ban became enforceable six months after the effective date on August 13, 2020.
On January 19, 2021, City Council directed staff to supplement the applicable section of the RBMC to include regulations addressing foil, metalized, mylar and latex balloons filled with air, helium and lighter than air gas. The ban on releasing any balloon filled with helium from anywhere within City limits became effective on February 13, 2021.
Since the implementation of the Ordinance, the City has been proactive in its effort to gain full compliance from businesses. The retained consultant, Charles Abbott, Inc., has conducted
N.4., File # 23-5435 Meeting Date: 2/21/2023
compliance from businesses. The retained consultant, Charles Abbott, Inc., has conducted inspections and provided the Police Department Code Enforcement Unit with a list of businesses that are in violation of the Ordinance and that have failed to comply after being advised of the violations.
Code Enforcement has made site visits to the businesses that are non-compliant and has coordinated with ownership to obtain voluntary compliance.
In addition to mailing letters and copies of the City’s Ordinance to approximately 445 businesses, Charles Abbott, Inc. provided businesses with a similar letter at the time of their semiannual inspections. Awareness flyers are available at the City of Redondo Beach licensing counter and are provided to new applicable businesses that apply for a business license along with copies of the RBMC letter. Code Enforcement initially took an educational approach in order to gain compliance since the adoption of the Ordinance but has now transitioned to a traditional enforcement approach, in partnership with Charles Abbott, Inc., and has been documenting businesses in violation of the RBMC and those who have failed to appropriately respond to compliance requests.
During the period from January 1, 2022 through December 31, 2022, 331 businesses (320 restaurants and 11 balloon venders) were inspected for plastic and balloon ordinance compliance, which was conducted by Charles Abbott, Inc. A total of 933 inspections were conducted at these businesses. During the reporting year, five documented actions were taken by Charles Abbott, Inc. by way of issuance of a “Notice of Non-Compliance.” Of the five businesses that were issued these notices, three immediately returned to compliance. Code Enforcement conducted follow-up enforcement with the two remaining businesses with the issuance of a “Notice of Violation.” The two businesses ultimately returned to compliance. During this twelve-month period, each business was inspected at least twice, and the remainder of visits were to conduct follow-up.
Moving forward, the Police Department, in conjunction with Public Works and Charles Abbot, Inc., will continue promoting education and awareness of the Ordinance with current and new businesses, while conducting inspections and enforcement when appropriate, to meet the goal of 100% compliance throughout the City.
COORDINATION
The Police Department coordinated with the Public Works Department to prepare this report.
FISCAL IMPACT
Funding for the preparation of this report and ongoing enforcement of the City’s polystyrene and single use plastics Ordinance is available in the coordinating departments’ annual operating budgets.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Presentation - Polystyrene and Single Use Plastics Update, February 21, 2023