ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: D3
Prepared by: Cassidy McCarthy, CAP Program Administrator Meeting Date: August 11, 2026 Approved by:
Imelda Huerta, Assistant City Manager
John Conley, City Manager Agenda Location: Discussion
SUBJECT: EXPANDING VISTA’S FOAM BAN TO RETAIL ESTABLISHMENTS RECOMMENDATION: Discuss the recommendation from Vista’s Environmental Commission and provide direction to staff.
CORRELATION TO CITY COUNCIL GOALS: A Cleaner, More Beautiful Vista; Climate and Environmental Responsibility
PRIOR ACTION: On May 12, 2026, received a recommendation from the Environmental Commission and directed staff to place a discussion item on a future agenda regarding an ordinance to prohibit the retail sales of foam products (Vote 5-0).
On May 27, 2025, adopted City Council Resolution No. 2025-85, approving the 2025-2027 Environmental Commission Workplan (Vote 4-1, Franklin Opposed).
PRIOR ENVIRONMENTAL COMMISSION ACTION: On April 22, 2026, voted to recommend that City Council discuss/implement an ordinance to prohibit the retail sales of foam foodware and other foam products in the City of Vista (Vote 5-0, Serafin absent).
On April 23, 2025, voted to recommend the 2025-2027 Environmental Commission Workplan for Council approval (Vote 5-0, Tapia & Serafin absent).
STATEMENT ON THE SUBJECT: In April of 2026, the Environmental Commission (Commission) researched and evaluated the health and environmental impacts, state legislation, and local ordinances regarding a more comprehensive Polystyrene (Foam) ban (Exhibit 1). The Commission recommended that the City of Vista expand upon their current Polystyrene Plastics Reduction ordinance to ban the retail sale of foam food service ware, coolers/ice chests*, shipping/packing materials, pool/beach toys*, dock floats/buoys*, and egg cartons to improve environmental and human health. *These items would be allowable if fully encased in another material.
The current ordinance that the City has in place bans food service providers (restaurants, cafés, etc.) from providing their customers with foam food service ware with prepared food and allows businesses who gross under $1 million annually to apply for a 6-month waiver with an optional additional 6-month waiver after that. This ordinance has been in effect since 2023 and since then, staff have received 29 complaints from the public of food service providers who have been providing foam food service ware AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Directed staff to draft a foam ban ordinance (with exceptions for pool and beach toys) for future consideration. Vote: 4-1 (Franklin opposed)
ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: D3
Prepared by: Cassidy McCarthy, CAP Program Administrator Meeting Date: August 11, 2026 Approved by:
Imelda Huerta, Assistant City Manager
John Conley, City Manager Agenda Location: Discussion
SUBJECT: EXPANDING VISTA’S FOAM BAN TO RETAIL ESTABLISHMENTS
RECOMMENDATION: Discuss the recommendation from Vista’s Environmental Commission and provide direction to staff.
CORRELATION TO CITY COUNCIL GOALS: A Cleaner, More Beautiful Vista; Climate and Environmental Responsibility
PRIOR ACTION: On May 12, 2026, received a recommendation from the Environmental Commission and directed staff to place a discussion item on a future agenda regarding an ordinance to prohibit the retail sales of foam products (Vote 5-0).
On May 27, 2025, adopted City Council Resolution No. 2025-85, approving the 2025-2027 Environmental Commission Workplan (Vote 4-1, Franklin Opposed).
PRIOR ENVIRONMENTAL COMMISSION ACTION: On April 22, 2026, voted to recommend that City Council discuss/implement an ordinance to prohibit the retail sales of foam foodware and other foam products in the City of Vista (Vote 5-0, Serafin absent).
On April 23, 2025, voted to recommend the 2025-2027 Environmental Commission Workplan for Council approval (Vote 5-0, Tapia & Serafin absent).
STATEMENT ON THE SUBJECT: In April of 2026, the Environmental Commission (Commission) researched and evaluated the health and environmental impacts, state legislation, and local ordinances regarding a more comprehensive Polystyrene (Foam) ban (Exhibit 1). The Commission recommended that the City of Vista expand upon their current Polystyrene Plastics Reduction ordinance to ban the retail sale of foam food service ware, coolers/ice chests*, shipping/packing materials, pool/beach toys*, dock floats/buoys*, and egg cartons to improve environmental and human health. *These items would be allowable if fully encased in another material.
The current ordinance that the City has in place bans food service providers (restaurants, cafés, etc.) from providing their customers with foam food service ware with prepared food and allows businesses who gross under $1 million annually to apply for a 6-month waiver with an optional additional 6-month waiver after that. This ordinance has been in effect since 2023 and since then, staff have received 29 complaints from the public of food service providers who have been providing foam food service ware
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
08/11/2026 D3 1 of 17
MEETING DATE: August 11, 2026 PAGE 2
SUBJECT: EXPANDING VISTA’S FOAM BAN TO RETAIL ESTABLISHMENTS products to their customers. Staff have reached out and worked with all business owners who have received a complaint, and they are all currently in compliance. None of the businesses received a fee or citation through the compliance process and out of the 29 businesses 11 of them went through the waiver process, with 5 of them using a 6-month waiver and the other 6 using the full year of a waiver. The proposed recommendation would work and operate in the same fashion as the current ordinance, being complaint based, focused on outreach and education over enforcement.
The Commission used the foam portion of the City of Oceanside’s Marine Debris Reduction Ordinance (Exhibit 2) as an example to follow for their recommendation in Vista. Oceanside’s ordinance bans all businesses from selling or distributing foam egg cartons, food service ware, food trays, shipping boxes, packing peanuts or packing materials. It also bans all businesses from selling or distributing foam coolers, ice chests, pool or beach toys, dock floats or buoys unless they are encapsulated or encased in another non-polystyrene foam material. Oceanside does make exceptions for items that are prepared outside of the city and provided to customers as originally packaged, medical packaging, and any products that are pre-packaged outside of the city that use foam as part of the packaging material.
Staff consulted with the City of Oceanside’s Sustainability staff regarding implementation and enforcement of its expanded polystyrene foam ordinance, which took effect in July 2025. Oceanside staff reported that the retail component of the ordinance encountered minimal resistance, while the food service component required more extensive outreach and education. To support implementation, the City partnered with the Oceanside Chamber of Commerce and MainStreet Oceanside to provide information and resources to the local business community.
Since the ordinance became effective, Oceanside staff have observed a decline in complaints related to noncompliance and reported that ongoing implementation and enforcement have not created a significant administrative burden for City staff.
In addition to the local example of Oceanside, other North County San Diego cities have foam bans in place as well. Encinitas has a ban similar to Oceanside’s but does not include pool/beach toys or dock floats, while Carlsbad and San Marcos have a ban similar to what Vista currently has in place, banning food facilities from selling or distributing foam food service ware with their products.
The Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) restricts producers of expanded polystyrene (EPS) food service ware from selling, offering for sale, distributing, or importing EPS food service ware in California unless they demonstrate that the material has achieved specified recycling rates. This includes single-use food service items such as takeout containers, plates, bowls, cups, and trays. To date, the required 25 percent recycling rate has not been achieved; therefore, EPS food service ware producers are currently prohibited from selling, offering for sale, distributing, or importing these products into California (see Exhibit 3).
While SB 54 applies to EPS food service ware, it does not regulate other EPS products, such as protective packaging materials, egg cartons, ice chests, or sporting and pool equipment. Additionally, the law regulates producers rather than retailers and does not prohibit retailers from obtaining these products from sources outside of California.
Based on an initial assessment, staff have identified approximately 100 retail businesses that would be affected by an expansion of the City's expanded polystyrene (EPS) foam ordinance. Staff consulted with the City's Economic Development Manager regarding the potential impacts of expanding the ordinance to include retailers. Based on the City's experience implementing the existing food service provider requirements, the emphasis on education and outreach prior to enforcement, and the existing state regulations governing EPS food service ware, no significant concerns were identified. 08/11/2026 D3 2 of 17
MEETING DATE: August 11, 2026 PAGE 3
SUBJECT: EXPANDING VISTA’S FOAM BAN TO RETAIL ESTABLISHMENTS To further engage the business community, staff contacted the Chamber of Commerce (Chamber) on July 7, 2026, to solicit input on the proposed expansion of the City's expanded polystyrene (EPS) foam ordinance, commonly referred to as a Styrofoam ordinance. In response, the Chamber distributed a survey to its members regarding the proposed expansion of the existing EPS foam ordinance. As of the time this report was prepared, staff have not received any additional comments or feedback from the Chamber. Staff will provide any updates received prior to or during the City Council meeting.
Staff will continue to engage with the business community to solicit feedback, provide education and outreach, and support implementation consistent with any direction provided by the City Council.
FISCAL IMPACT: There are no direct fiscal impacts associated with the staff recommendation.
EXHIBITS:
1. Environmental Commission Research on Expanding Vista’s Foam Ban
2.Oceanside’s Marine Debris Reduction Ordinance
3.SB 54 – EPS Brochure
08/11/2026 D3 3 of 17
City of Vista Environmental Commission Agenda Report
EXPANDED POLYSTYRENE FOAM BAN
FEBRUARY 25, 2026
SUBJECT: Expanded Polystyrene Foam Ban (Subcommittee #1) RECOMMENDATION: Receive report and consider options:
Option 1 — No action: continue with the current foam foodware prohibition for restaurants with no changes
Option 2 — Prohibit retail sales of foam foodware
Option 3 — Prohibit the sale /distribution of additional foam products: ❏Coolers / ice chests (allowable if fully encased in another material)❏Shipping/packing materials❏Pool/beach toys (allowable if fully encased in another material)❏Dock floats / buoys (allowable if fully encased in another material)❏Egg cartons Option 4 — Add the phase-out of recyclable plastic foodware containers and require acceptable compostable foodware*
*Foodware meaning items used for containing, serving, or consuming Prepared Food, including, but not limited to containers, cups, bowls, plates, trays, cartons, boxes.
CORRELATION TO COMMISSION WORKPLAN GOALS:
Workplan Item #1: Expanding Polystyrene Foam Ban.
CORRELATION TO CITY COUNCIL GOALS:
City Council Goals
Goal 4. A Cleaner, More Beautiful Vista
A Increase litter cleanup activities
Goal 5. Climate and Environmental Responsibility
Goal 6. Parks and Recreation
Prioritize cleanliness and state of good repair of our parks and facilities (From the City of Vista’s website)
Climate Action Plan
Measure W-1—Reduce Solid Waste Disposal and Increase Recycling Strategy 6—New Ordinances and Code Updates; Partnerships Goal—Achieve 85% waste diversion citywide by 2030
Current—Diversion rate is 25.9%
(From Climate Action Plan Annual Monitoring Report—November 2024) 08/11/2026 D3 4 of 17
EXHIBIT 1
City of Vista Environmental Commission Agenda Report
EXPANDED POLYSTYRENE FOAM BAN
FEBRUARY 25, 2026
BACKGROUND AND RESEARCH
In 2021, the Vista City Council approved two ordinances regarding the reduction of single-use foodware items and accessories in order to reduce litter and landfill waste.
Ordinance No. 2021-12—The Single-Use Foodware Accessories and Condiments Reduction Ordinance requires that food service providers only provide single-use foodware accessories (straws, stirrers, cutlery, etc.) and packaged condiments when requested by the customer.
Ordinance No. 2021-13—The Polystyrene Plastics Reduction ordinance prohibits food service providers from distributing polystyrene (StyrofoamTM) containers or accessories with prepared food.
Both of these ordinances are officially in effect and have been enforceable since July 2023.
To further reduce single-use plastic waste, an Environmental Commission subcommittee was formed to research and evaluate state legislation and local ordinances in order to make recommendations on expanding the polystyrene foam policy for the City of Vista.
The research completed by the subcommittee validates the need for policy considerations due to environmental and human health impacts.
Polystyrene Foam Recycling
●Light & fragile — breaks easily
●Often contaminated by food left in container
●Large quantity needed to make a bale
●Low market value
●Challenging end markets
●Requires special densification equipment at processing facilities ●80,000 tons generated | 5,000 tons recycled = 6.25% recycled In 2018, 80 thousand tons of polystyrene containers were generated, and a negligible amount (less than 5,000 tons) was recycled in the United States.” Frequently Asked Questions From the EPA
Human Health Impacts
●Added chemicals: Polystyrene products contain additives that can be released over time ●Heat & food: Heat can increase chemical release; Hot, greasy, or acidic foods — and microwaving — can make this more likely; heating food in polystyrene is not recommended ●Chemical exposure: Polystyrene can release styrene, a chemical that may be harmful at high levels
●Cancer risk: Styrene is classified as probably carcinogenic; everyday use is generally low risk ●Microplastics: Can fragment into microplastics; long-term health effects are still being studi ●The Problem with Polystyrene
●Styrofoam and Your Health
●Styrene Hazard Summary
08/11/2026 D3 5 of 17
City of Vista Environmental Commission Agenda Report
EXPANDED POLYSTYRENE FOAM BAN
FEBRUARY 25, 2026
Environmental Impacts
●Surfrider San Diego Marine Debris Report for 2024
○55,875 polystyrene (EPS) foam fragments were recorded
●Fragments into small pieces rather than biodegrading
●Difficult/impossible to clean up
●Lightweight and can easily be carried by wind and washed from streets into storm drains, eventually reaching rivers and oceans.
●Marine animals and sea birds may mistake foam bits for food ●Ingestion may cause gut blockage, feelings of fullness, and exposure to additive chemicals Climate Impacts
●Over 99% of plastic, including polystyrene foam, is made from fossil fuels. ●Polystyrene foam is primarily made from petroleum-derived styrene monomers ●Throughout the lifecycle,from manufacturing to transport to disposal, single-use plastics, including polystyrene foam products, waste energy and create emissions. ●That means every polystyrene foam item contributes to climate change.
State Legislation
SB 54: Plastic Pollution Prevention & Packaging Producer Responsibility Act ●Regulates producers
●Effective Date/Enforcement: January 1, 2025
●The required 25% polystyrene foam foodware recycling rate was not met ●Producers cannot sell, offer for sale, distribute, or import EPS foodware into California ●Compliance actions are ongoing but enforcement not uniform ●Banned EPS products may still be available in stores or online Restaurants/retailers:
●Not directly regulated by SB 54
●Can use foam foodware already in inventory
●Can purchase foam foodware out-of-state for in-restaurant use ●Cannot legally resell banned EPS
CalRecycle's EPS Food Service Ware Notification Portal
Local Policies
Several cities in San Diego County have adopted ordinances that phase out polystyrene foam foodware and other products. The ordinances, which are linked below, are similar in intent and scope.
Oceanside
San Diego
Imperial Beach
Carlsbad
08/11/2026 D3 6 of 17
City of Vista Environmental Commission Agenda Report
EXPANDED POLYSTYRENE FOAM BAN
FEBRUARY 25, 2026
Additional Resources:
●These Four Plastic Items Make Up Almost Half Of All Ocean Trash ●The Truth About Styrofoam Infographic
●Plastic Foam Needs to Go report from Oceana
●International Coastal Cleanup — Links to cleanup reports from Ocean Conservancy ●The Problem with Polystyrene
●Styrofoam and Your Health
●Styrene Hazard Summary
●Fact file: Polystyrene foam bans reduce litter and protect wildlife ●Unveiling the noxious effect of polystyrene microplastics in aquatic ecosystems and their toxicological behavior on fishes and microalgae
●The Problem with Polystyrene
●What the foam?
08/11/2026 D3 7 of 17