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HomeMy WebLinkAboutResolution 2005-1 - Prohibiting the use of Expandable Polyst Council/Agency Meeting Held: 3 OS Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied lerk'sroigna Ar Council Meeting Date: 1/3/2005 Departmen Number: CS05-002 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL EMBERSCD SUBMITTED BY: PENELOPE CULB TH- FT, CITY AD NISTRAT�jR� -' l/ MCrn' PREPARED BY: JIM B. ENGLE, DIRECTOR, COMMUNITY SERVI T'^ Y y SUBJECT: ADOPT RESOLUTION NO. 2005-�_ENTITL "A c? v 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 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: It is being proposed that Resolution No. 2004-21 prohibiting the use of Styrofoam food service products in city facilities be amended to allow an exemption in the city's Senior Nutrition Program. Funding Source: N/A Recommended Action: Motion to: Adopt Resolution No. 2005- / , entitled, "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", which amends Resolution No. 2004-21 by allowing the use of Styrofoam for the city's Senior Nutrition Program. Alternative Action(s): Do not adopt the Resolution allowing the use of Styrofoam food service products in the city's Senior Nutrition Program, and allocate $11,532.64 from the general fund to offset the additional expense of using an alternative product. REQUEST FOR ACTION MEETING DATE: 1/3/2005 DEPARTMENT ID NUMBER:CS05-002 Analysis: On April 19, 2004, City Council adopted Resolution No. 2004-21 prohibiting the use of Styrofoam food service products within city facilities and at city-sponsored events. It is important to mention that the littering problem that this resolution was designed to curtail is not generated by the Senior Nutrition Program in Huntington Beach. It was brought to the attention of the City Administrator and city staff that the ban on the use of Styrofoam food service products on city property would have a negative impact on the Senior Nutrition Program operated at both the Michael E. Rodgers Seniors' Center and the Seniors' Outreach Center. These programs serve approximately 75 congregate meals per day, and deliver daily meals to an additional 149 homebound seniors. City does not currently pay for the Senior Nutrition Program. Feedback is funded through the Older Americans Act and donations. The city's share is provided as in-kind services including volunteers who deliver the meals. If Styrofoam products are banned from the Senior Nutrition Program, Feedback can accommodate our special request, but there will be a charge to the city for materials and labor based on the direct costs. Meals to Home Materials: $.08/meal x 149 meals/day x 242 days = $2,884.64 *Labor: $20/day x 242 days = 4,840.00 Congregate Meals Materials: $.18/meal x 75 meals/day x 242 days = 3,267.00 Labor: (not applicable; Huntington Beach volunteers) 0 Feedback Administrative Overhead** = 541.00 TOTAL ADDITIONAL COST: $11,532.64 *Additional labor is the time required on assembly line to change over to non-Styrofoam products and delays caused by this change over. **Administrative overhead is the extra time required to cover incidentals, such as shopping for non-Styrofoam products. Staff recommends Council adopt the resolution allowing the use of Styrofoam food service products in the Senior Nutrition Program. San Clemente and San Juan Capistrano have also implemented a Styrofoam ban. While San Juan Capistrano has included its seniors meals program in this ban, San Clemente is seeking alternatives to address the issue and have not implemented the ban in its seniors meals program. The Older Americans Act has not increased its funding to Feedback in over five years. If the city decides to enforce the Styrofoam ban in the Senior Nutrition Program, an additional $11,532.64 would be needed to cover the direct costs. Environmental Status: N/A G:\RCA\2005\05-002 Adopt Resolution prohibiting Styrofoam.doc -2- 12/21/2004 3:59 PM REQUEST FOR ACTION MEETING DATE: 1/3/2005 DEPARTMENT ID NUMBER:CS05-002 Attachment(s): 1. Resolution No. 2005-�_ 2. Letter from Feedback Foundation G:\RCA\2005\05-002 Adopt Resolution prohibiting Styrofoam.doc -3- 12/21/2004 3:59 PM ATTACHMENT # 1 RESOLUTION NO. - 20A 5=1. 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 polystyrene 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,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 Resolution 2005-1 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-profit 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/styrofoam 2 Resolution 2005-1 Section 4. The provisions of this Resolution shall not apply to the City's Senior Nutrition Program. Section 5. 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. Section 6. Resolution 2004-21 and any other resolution in conflict with this resolution are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of January 200 5 CV Clerk APPROVED AS TO FORM: ja INITIATED, REVIEWED AND APPROVED: WIT C ty AttorAey �City Ad inistrator TV °�Z1�oy 04reso/styrofoam 3 Res. No. 2005-1 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 3rd day of January, 2005 by the following vote: AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook NOES: None ABSENT: None ABSTAIN: None Cit Jerk and ex-officio rk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 reeAl ra. titers vt�dE 'j PM Urit shC e -�4115 FEEDBACK FOUNDATION, INC. Serving Seniors and Their Families BOARD OF DIRECTORS RECEIVED BARRYROSS June 11, 004 President Jude Medical Center Vice President,Healthy Communities �Dr. Penelope Culbreth-Graft City Manager JUN 16 2004 Vice PEGGY WEATHERSPOON,MSG City of Huntington Beach VWe President 2000 Main St. CITY OF HUNTINGTON BEACH California State University,Fullerton ADMINISTRATIVE OFFICE Institute of Gerontology Huntington Beach, CA 92648 Lecturer JIMMY GASTON Dear Dr. Culbreth-Graft: Co-Treasurer Church of Christ Preacher As you are aware, the City of Huntington Beach has supported an initiative to ban the FRANK DOMINGUEZ Co-Treasurer use of Styrofoam in your city. We understand that this action is intended reduce litter Community Relations Consultant in your community, particularly on the beach. We are aware of the good intentions PAULINE ABBOTT,Ed.D. and support the effort. Executive Secretary California State University,Fullerton hnstitute of Gerontology However, the ban on use of styrofoam on City property will have a very negative Director BEN JASPER,ESQ. impact on the Senior Nutrition Program, which serves close to 100 seniors noon President Emeritus meals Monday through Friday at the Michael Rodgers Seniors Center. Feedback also caRINA JaspeirLawANctc-PaNroNE Arm provides meals for Huntington Beach's Home Delivered Meals Program,which serves Senator Joe Dunn's Office over 120 homebound elders. Feedback has estimated that the increase in cost would Field Representative average .18 cents per meal. We currently serve 53,000 meals that would be affected DEVGHOSE b the initiative. We estimate that new paper products would cost over $9,540 Tatum Partners y p p CFO Partner annually. CY GOETSCH,R.N.M.S.H.S. t>ert Medical Group_ nla Services Advocate In addition to the cost factor, we are concerned about safety. Paper or plastic JON HILL . products are not as strong and stable as what is currently used. Paper products are Jefferson Wells International not insulated. Carrying a paper plate of hot food or drinking hot coffee could prove to Director,Southern California Operations be difficult for many participants. We would also add that the littering problem does JOHN KUMBERA Retired Executive not come from your senior population. DON LEWIS Pirtiate Practice CPA We would like to request a waiver for the meals provided by the Elderly Nutrition MAUREEN McCARTHY Program in your facilities. San Clemente has granted such an extension to South Assembly Member Lynn Daucher County and we hope you can as well. We appreciate the ongoing support of the City Field Representative Council and the staff. We consider our partnership with Huntington Beach one of the BOBBY McDONALD Black Chamber of Commerce of best. Orange County Executive Director MARY JO MURSA,PHN,BSN,MBA Please feel free to contact me should you have any questions. Thank you in advance KaiserPermanente for your consideration of this request. Continuing Care Services Administrator ROSEMARY NIELSEN City of Buena Park Sincerely, Social Worker MIKE SMITH / HEHR International Corporate Manager ARLENE SPIELMAN a Wixted, ecu ve Director Business Owner F edback Foundation, Inc. TOM TROIANI Craft Strategies CEO RW:blh MINH-LE VU jFargo Bank h Manager c: Board of Directors RETWDIM Ryan Okita, Field Services Manager, Feedback Foundation, Inc. Feedback Foundation,Inc. ExecutiveDirector r� Pat Mullins, Site Manager, Feedback Foundation, Inc. Feedback feedback@oco.net ADMINISTRATIVE OFFICE: 1200 N. Knollwood Circle - Anaheim, CA 92801 - 714-220-0224 - Fax 714-220-1374 - www.feedbackfoundation.org RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY SERVICES SUBJECT: RESOLUTION EXEMPTING USE OF EXPANDABLE POLYSTYRENE PRODUCTS IN CITY FACILITIES COUNCIL MEETING DATE: January 3, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement El w/exhibits if applicable) Attached ( pp ) Not Applicable (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc.A Attached(Approved as to form b CityAttorne Not Applicable El Certificates of Insurance (Approved b the City Attorne Attached ( PP Y tY Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached ❑ Staff Report (If applicable) Not Ap licable Commission, Board or Committee Report If applicable) Attached p ( pp ) Not Applicable Findings/Conditions for Approval and/or Denial Attached Findin g pp Not Applicable fXPA001�1 fF01�.Il�SS01G AT�Cr lf�i11E1 'Smom REVIEWED RETURNED FORW RDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk :EXPLANATION FOR RETURN OF IT Only)(Beiow Space For City Clerk's Use RCA Author: