HomeMy WebLinkAboutResolution 2004-21 - Prohibiting the Use of Expandable Poly (17) April 19, 2004 -Co it/Agency Agenda - Page 17
H. City Council/Redevelopment Agency Items
H-1a. Submitted By Councilmembers Connie Boardman and Debbie Cook
(City Council) Adopt Resolution No. 2004-21 Prohibiting the Use of Styrofoam at
City Facilities and During City Sponsored Events (120.10)
Communication from Councilmember Connie Boardman and Councilmember Debbie
Cook transmitting the following Statement of Issue: Expandable polystyrene products
(commonly called Styrofoam) constitute a huge litter and ocean pollution problem.
Because it is so light, it floats in water and is easily blown from place to place even when
disposed of properly. It also doesn't biodegrade in the environment, but merely breaks
down into smaller particles that litter the city's streets, parks, beaches and ocean.
The 1999-2000 Orange County Grand Jury report entitled "The Rainy Season's First Flush
Hits the Harbors of Orange County," strongly recommended that the County of Orange and
the cities within it, institute a procedure to substantially reduce the use and sale of
disposable plastics and expandable polystyrene.
Because of these reasons, there is an effort to have cities in Orange County adopt
resolutions banning the use of Styrofoam at city events and at city facilities. We thought the
Council Meeting immediately preceding Earth Day to be an appropriate time to take up this
issue.
Recommended Action:
We request the City Council to adopt the attached Resolution No. 2004-21 —
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA, PROHIBITING THE USE OF EXPANDABLE
POLYSTYRENE(COMMONLY REFERRED TO BY THE TRADE NAME
"STYROFOAM') FOOD SERVICE PRODUCTS WITHIN CITY FACILITIES
AND AT CITY-SPONSORED EVENTS."
Councilmember Boardman orally reported Resolution No. 2004-21 amended as
follows:
Where leases are concerned, add to the negotiation..
Directed City Attorney to amend Resolution No. 2004-21 as follows: on page H-1a.3,
(page 2 of Resolution)—
�I Section 1. First line, insert prospectively after the word, "not."
Section 2: First line insert "All future"at the beginning of the sentence before "rental
agreements."
Section 3: First line, insert "at future"before the word, special; and fifth line, change
"have"to "enter into.
(18) - April 19, 2004 - Cot...cil/Agency Agenda - Page 18
n page H-1a.4, (Page 3 of Resolution)—
First line, Insert "All future" at the beginning of the sentence before "written
agreements."
Approved 7-0
H-2a. Submitted By Councilmember Gil Coerper
(City Council) Direct Staff to Provide Monthly Status Memos to Council Assessing the
Level of Customer Water Usage to Maintain Public Awareness Through the Critical
Summer Months - Expedite Completion of the Water Master Plan (1000.90)
Communication from Councilmember Gil Coerper transmitting the following Statement of
Issue: I recently met with the Assistant City Administrator William Workman, Director of
Public Works Robert Beardsley, and Utilities Manager Howard Johnson to discuss water
issues and, particularly, water conservation. As summer is nearly upon us, we need to
remember that water in Southern California has always been a concern. This is truer today
than ever before. Our ever-increasing population is faced with a reduction of water supplies
from the Colorado River and a sixth consecutive year of drought. Here in Huntington Beach,
seawater intrusion into our groundwater basin continues to threaten our water supply.
Water conservation has come to encompass our commitment to water-use lifestyle changes.
Conservation efforts in Huntington Beach have worked remarkably well. The city's water
customers now actually use less water than over ten years ago. We continue to be one of
the most active communities in plumbing retrofits. Our residents have changed out over
12,000 toilets and over 25,000 showerheads with low flow models. However, as we look to
the future, our efforts need to be continued and, in fact, intensified.
As part of the update of the Water Master Plan reported on at our January 5, 2004 Study
Session, staff and a professional services consultant will be examining a new conservation-
based water rate structure for our consideration in several months. In the interim, it is
important for the residents in our community to be vigilant in their water conservation efforts.
Recommended Action:
Since the draft water rate structure component of the Water Master Plan is not scheduled to
be available until this fall, I request that staff;
(1) provide monthly status memos to the Council, assessing the level of customer water
usage, to maintain public awareness through the critical summer months; and
(2) expedite the completion of the Water Master Plan at the earliest possible date.
Public Works Utilities Manager Howard Johnson ws requested by Councilmember
Cook and reported on the Master Plan.
Approved as amended to contact the Metropolitan Water District with a letter of
support for a tiered water program.
Approved 7-0
CITY OF HUNTINGTON B: �y ' ;H
City Council Interoffice Commun4t ot� �`���N CA
100� APR 12 P '
To: Honorable Mayor and City Council Members
From: Connie Boardman, City Council Member (�
Debbie Cook, City Council Member
Date: April 8, 2004
Subject: H-ITEM FOR APRIL 19, 2004, CITY COUNCIL MEETING—
BANN/NG THE USE OF STYROFOAM AT CITY FACILITIES AND
DURING CITY-SPONSORED EVENTS
STATEMENT OF ISSUE:
Expandable polystyrene products (commonly called Styrofoam) constitute a huge litter
and ocean pollution problem. Because it is so light, it floats in water and is easily blown
from place to place even when disposed of properly. It also doesn't biodegrade in the
environment, but merely breaks down into smaller particles that litter the city's streets,
parks, beaches and ocean.
The 1999-2000 Orange County Grand Jury report entitled "The Rainy Season's First
Flush Hits the Harbors of Orange County," strongly recommended that the County of
Orange and the cities within it, institute a procedure to substantially reduce the use and
sale of disposable plastics and expandable polystyrene.
Because of these reasons, there is an effort to have cities in Orange County adopt
resolutions banning the use of Styrofoam at city events and at city facilities. We thought
the Council Meeting immediately preceding Earth Day to be an appropriate time to take
up this issue.
RECOMMENDED ACTION:
a O o v
We request the City Council to adopt the attached resolution-banning the use of
Styrofoam at city facilities and during city-sponsored events.
CB/DC:cf
xc: Ray Silver
Bill Workman
Connie Brockway
Robert Beardsley
y �� V El
RESOLUTION NO. 2004-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA,PROHIBITING
THE USE OF EXPANDABLE POLYSTYRENE .
(COMMONLY REFERRED TO BY.THE TRADE NAME "
"STYROFOAM")FOOD SERVICE PRODUCTS WITHIN
CITY FACILITIES AND AT CITY-SPONSORED EVENTS.
WHEREAS,the City of Huntington Beach has a duty to protect the natural environment for
present and future generations; and
WHEREAS,the litter problem resulting from expandable polystyrene is becoming
increasingly difficult to manage and has costly negative implications for tourism,wildlife,aesthetics
and most recently,public storm drain systems; and
WHEREAS, expandable polystyrene, a petroleum based product that is frequently used for
food service purposes,enters the various water bodies from both direct as well as indirect sources
(such as storm conveyance systems), and negatively impacts the overall quality of ocean waters and
adjacent beach areas;and
WHEREAS,expandable.poly§tyrene does not effectively biodegrade in the.environment,
but merely breaks down intG maller particles,that litter the City's streets,parks;public places, open
spaces,beaches'and ocean: and
WHEREAS, a deterioration in the quality of the City's ocean waters and beaches threatens
the public health, safety and welfare and negatively affects tourism and the local economy which
depends on tourist trade; and
WHEREAS, expandable polystyrene waste poses a risk to the fragile ecological balance,
since marine and land wildlife often perish as a result of ingesting expandable polystyrene products;
and
WHEREAS,the 1999-2000 Orange County Grand Jury report entitled"The Rainy Season's
First Flush Hits the Harbors of Orange County", strongly recommended that the County of Orange
and the cities within it,institute a procedure to substantially reduce the.use and sale of disposable
plastics and expandable polystyrene within its jurisdiction; and
WHEREAS,expandable polystyrene contributes to urban blight as litter especially due to its
lightweight nature as it floats in water and/or is easily blown in the wind from place to place even
when disposed of properly; and
WHEREAS,expandable polystyrene food service products,by their nature,have a useful
life that can be measured in minutes or hours,yet it takes several decades to hundreds of years to
deteriorate in the environment or landfill; and
04reso/styrofoam 1
Res No. 2004-21
WHEREAS,the City of Huntington Beach is mandated to meet the California Integrated
Waste Management Act(AB 939, Sher,Chapter 1095, Statutes of 1989 as amended),which
required that all cities and counties in the State divert fifty percent(50%)of discarded materials
from entering landfills by December 31,2000, and ultimately,most single-use throwaway consumer
and commercial plastic products end their life in a landfill; and
WHEREAS,there is currently no meaningful recycling of food service expandable
polystyrene products,due in part to contamination from food residue; and
WHEREAS,alternative products,which are bio-degradable,reusable and/or recyclable are
readily available at reasonable cost; and
WHEREAS,the City of Huntington Beach desires to exercise environmental stewardship by
reducing the amount of expandable polystyrene debris that enters the City's storm drains,watershed
and coastal environment and reducing the amount of expandable polystyrene that enters our waste
stream.
NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby
resolve as follows:
Section 1. The City of Huntington Beach shall not prospectively purchase or acquire
food service products.which are produced with expandable polystyrene._ Prohibited,products
include,but are not limited to,expandable polystyrene food service items such.as cups,plates and
trays.
Section 2. All future rental agreements for usage of any City-owned property or facility
shall require that contracting parties assume responsibility for preventing the utilization and/or
distribution of expandable polystyrene products by any attendee or vendor at the associated
function. The rental agreement shall indicate that the violating contractor's security deposit will be
forfeited if the Community Services Director, or his/her designee, determines that such products
were utilized in violation of the rental agreement.
Section 3. The use or distribution of expandable polystyrene products at all future
special events that are sponsored or co-sponsored by the City of Huntington Beach shall be
prohibited. This prohibition shall apply.to the event organizers,agents of the event organizers, event
vendors;and any other party(including non it organizations)who enter into an agreement with
one or more of the co-sponsors of the event to sell goods or beverages at the event or otherwise
provide an event-related service. The prohibition on the use of expandable polystyrene products will
not be enforced upon individuals who are attending the function solely as a visitor or spectator.
All future written agreements with any vendor, including non-profit organizations,to sell
goods or beverages at a City-sponsored event, shall specifically prohibit the usage and distribution
of expandable polystyrene food service products and shall indicate that the violating permittee's
security deposit will be forfeited if the Community Services Director, or his/her designee,
determines that such products were utilized in violation of the rental agreement.
04reso/st}Tdbam 2
Res No. 2004-21
Section 4. All individuals, groups,businesses,non-governmental and other
governmental entities are strongly encouraged to assist in preserving the environment by ceasing to
purchase and use expandable polystyrene food service products.
PASSED AND. ADOPTED by-.the City.Council.of the. City of Huntington Beach at a
iegulaaz meeting thereof held.on the 19th ° day of April 2004
City Clerk Mayor
APPROVED AS TO FORM:
INITIATED, REVIEWED.AND APPROVED:
jCi "Attomet
City Adm' istrator
04reso/styrofoam 3
Res. No. 2004-21'
STATE OF CALIFORNIA
COUNTY.OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk
of the City of Huntington Beach, and ex-officio Clerk of the City Council of
said City, do hereby certify that the whole number of members of the City
Council of the City of Huntington Beach is seven; that the foregoing resolution
was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at an regular meeting.thereof held on the 19th
day of April, 2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-offic o Clerk of the
City Council.of the. City of
Huntington _Beach, California
r,.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH, CALIFORNIA, PROHIBIT
THE USE OF EXPANDABLE POLYSTYRENE
(COMMONLY REFERRED TO BY THE TRADE E
"STYROFOAM") FOOD SERVICE PRODUCTS THIN
CITY FACILITIES AND AT CITY-SPONSORS EVENTS.
WHEREAS, the City of Huntington Beach has duty to protect the natural
environment for present and future generations; and
WHEREAS, the litter problem resulting fro expandable polystyrene is becoming
increasingly difficult to manage and has costly ne tive implications for tourism, wildlife,
aesthetics and most recently, public storm drain sy ems; and
WHEREAS, expandable polystyrene, petroleum based product that is frequently
used for food service purposes, enters the v rious water bodies from both direct as well as
indirect sources (such as storm conveya e systems), and negatively impacts the overall
quality of ocean waters and adjacent bea areas; and
WHEREAS, expandable p ystyrene does not effectively biodegrade in the
environment, but merely breaks down into smaller particles, that litter the City's streets,
parks, public places, open spaces, eaches and ocean: and
WHEREAS, a deterior tion in the quality of the City's ocean waters and beaches
threatens the public health, sa'�fety and welfare and negatively affects tourism and the local
economy which depends o, tourist trade; and
WHEREAS, ex andable polystyrene waste poses a risk to the fragile ecological
balance, since marine and land wildlife often perish as a result of ingesting expandable
polystyrene productsnd
WHEREAS, the 1999-2000 Orange County Grand Jury report entitled "The Rainy
Season's First Flush Hits the Harbors of Orange County", strongly recommended that the
County of Orange and the cities within it, institute a procedure to substantially reduce the
use and sale o, disposable plastics and expandable polystyrene within its jurisdiction; and
REAS, expandable polystyrene contributes to urban blight as litter especially
due to its/lightweight nature as it floats in water and/or is easily blown in the wind from
place to lace even when disposed of properly; and
Resolution No. Page 2
WHEREAS, expandable polystyrene food service products, by their nature, have a
useful life that can be measured in minutes or hours, yet it takes several decades to hundreds
of years to deteriorate in the environment or landfill; and
WHEREAS, the City of Huntington Beach is mandated to meet the California
Integrated Waste Management Act (AB 939, Sher, Chapter 1095Statutes of 1989 as
amended), which required that all cities and counties in the StateZ0,
vert fifty percent (50%)
of discarded materials from entering landfills by December 31, and ultimately, most
single-use throwaway consumer and commercial plastic products end their life in a landfill;
and
WHEREAS there is currently no meaningful r ycling of food service expandable
polystyrene products, due in part to contamination fro.. food residue; and
WHEREAS, alternative products, whi are bio-degradable, reusable and/or
recyclable are readily available at reasonable c t; and
WHEREAS, the City of Huntin on Beach desires to exercise environmental
stewardship by reducing the amount of e andable polystyrene debris that enters the City's
storm drains, watershed and coastal e ironment and reducing the amount of expandable
polystyrene that enters our waste stre
NOW, THEREFORE, the ity Council of the City of Huntington Beach does hereby
resolve as follows:
Section 1. The City o Huntington Beach shall not purchase or acquire food service
products which are produce with expandable polystyrene. Prohibited products include, but
are not limited to, expanda e polystyrene food service items such as cups, plates and trays.
Section 2. Rent agreements for usage of any City-owned property or facility shall
require that contractin parties assume responsibility for preventing the utilization and/or
distribution of expan ble polystyrene products by any attendee or vendor at the associated
function. The rental greement shall indicate that the violating contractor's security deposit
will be forfeited if he Community Services Director, or his/her designee, determines that
such products we utilized in violation of the rental agreement.
Section . The use or distribution of expandable polystyrene products at special
events that a e sponsored or co-sponsored by the City of Huntington Beach shall be
prohibited. his prohibition shall apply to the event organizers, agents of the event
organizers, event vendors, and any other party (including non-profit organizations) who
have an agreement with one or more of the co-sponsors of the event to sell goods or
beverages at the event or otherwise provide an event-related service. The prohibition on the
use of expandable polystyrene products will not be enforced upon individuals who are
attending the function solely as a visitor or spectator.
Resolution No. Page 3
Written agreements with any vendor, including non-profit organizations, to""sell goods or
beverages at a City-sponsored event, shall specifically prohibit the usage and distribution of
expandable polystyrene food service products and shall indict that the violating
permittee's security deposit will be forfeited if the Community Services Director, or his/her
designee, determines that such products were utilized in violation o the rental agreement.
Section 4. All individuals, groups, businesses, non-governmental and other
governmental entities are strongly encouraged to assists preserving the environment by
ceasing to purchase and use expandable polystyrene food service products.
Section 5. The CityClerk shall certify to t - passage an adoption
y p g d adopt o of this resolution
and enter it into the book of original resolutions.
PASSED AND ADOPTED this day of ,
Mayor of the City of Huntington Beach, California
CITY CLERK of the City of Z'untington Beach, California
Resolution No. Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )§
CITY OF Huntington Beach )
City Clerk of the City of Huntington/Beach, California, do
hereby certify that Resolution No. was adopted at a regular meeting of the City
Council of the City of Huntington Beach held on the 6 h day of April, 2004, by the following
vote:
AYES:
NOES:
ABSENT:
CITY CLERK of the City of
Huntington Beach, California
Approved as to form:
City Attorney
i:\cityclerk\secure\styrofoamreso.do