Council Agenda Report —

Mayor Peak and the Honorable Members of the City Council

Prepared by: Craig George, Environmental Sustainability Director

Approved by: Reva Feldman, City Managerç1~5’

Date prepared: January 23, 2018 Meeting date: February 12, 2018

Subject: Plastic Straws, Stirrers, and Cutlery Ban

RECOMMENDED ACTION: 1) After the City Attorney reads the title of the ordinance,introduce on first reading Ordinance No. 432 determining the project is categoricallyexempt from the California Environmental Quality Act and amending Chapter 9.24 toTitle 9 of the Malibu Municipal Code (MMC) to prohibit the sale, distribution and use ofplastic straws, stirrers, and cutlery within the City; and 2) Direct staff to schedule secondreading and adoption of Ordinance No. 432 for the February 26, 2018 City Councilmeeting.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

DISCUSSION: On September 26, 2016, the Council directed staff to draft an ordinancebanning the sale of expanded polystyrene products. On November 14, 2016, the Counciladopted Ordinance 412, amending the MMC to prohibit the sale of polystyrene foamfood service ware, restrict its use in the City, and require that the products be replacedwith less-hazardous, compostable or recyclable alternatives (Plastic Ban).

On October 9, 2017, the Council directed staff to extend the Plastic Ban to address thesale and commercial distribution of plastic straws. On January 22, 2018, theEnvironmental Sustainability Subcommittee reviewed and discussed the proposedordinance relating to plastic straws and stirrers. The Subcommittee requested staff add aban on plastic cutlery to the proposed ordinance and amend the definition of “foodservice ware.”

The attached draft ordinance would achieve the Council’s goals of expanding the PlasticBan and reducing plastic litter by:

Amending the title of Chapter 9.24 to state, “Plastic Food Packaging and OtherPlasticware”;

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To:

City Council Meeting02-12-18

Item4.B.

Agenda Item # 4.B.

• Amending the definition for “Food service ware”;• Adding new definitions for “Beverage provider”; “City-sponsored event”; “Plastic

beverage straw”; “Plastic stirrer”; and “Plastic cutlery”; and• Adding Section 9.24.045 prohibiting the sale and commercial distribution of plastic

straws, stirrers, and cutlery within the City, making non-plastic alternativesavailable to customers, and making non-plastic alternative straws available tocustomers only upon request.

An estimated 500 million plastic straws are used and discarded every day — enough towrap around the earth 2.5 times per day. In California, “Coastal Cleanup Day” hastracked the amount of trash collected since 1992, and plastic straws and stirrers are thesixth most common item collected. Plastic cutlery is the fifth most common item.collected. For this reason, staff recommends banning plastic stirrers and plastic cutlery inthe same section as the ban on plastic straws.

By amending the definition of “food service ware” to remove reference to straws, forks,spoons, and knifes and adding the new section and definitions relating to straws, stirrers,and cutlery, the City is no longer permitting the commercial use and distribution ofcompostable and biodegradable petroleum or biologically based straws, forks, spoons,and knifes. In other words, the City will only allow the commercial use and distribution ofstraws, stirrers, forks, knifes, sporks, and spoons that are made from non-plasticmaterials, such as paper, sugar cane, bamboo, etc.

Plastic straws, stirrers, and cutlery never biodegrade, the plastic is broken down intosmaller pieces that become difficult to manage in the environment. Nearly all plastic,regardless of whether it has been recycled, still exists. It is estimated that there are overfive trillion pieces of plastic in the ocean. Of these pieces, 92 percent are smaller than agrain of rice. These fragments are misidentified as food by aquatic biota and enter intothe food chain. Plastics in the ocean also attract other pollutants, which magnify thetoxicity of the fragments consumed by marine life, and ultimately enter the human foodchain. Plastic straws, stirrers, and cutlery end up in the ocean through human error andmisuse, such as litter that blows into the ocean or through storm drains.

Over the last 15 years, the use of straws has multiplied. Straws merely offerconvenience and are expected when ordering beverages. Therefore, staff recommendsmaking non-plastic alternative straws available only upon request. There are also manynon-plastic alternatives to single-use plastic straws, including paper, glass, bamboo, andstainless steel straws. Similarly, there are non-plastic alternatives to single-use plasticstirrers and cutlery, such as wooden or bamboo stirrers. These alternatives are currentlyavailable locally. Although non-plastic alternatives can cost more than plastic straws,stirrers, and cutlery, when similar quantities are ordered the difference is minimal. As itrelates to straws, it is approximately $.01 more per straw for paper straws. A restaurantor other entity distributing straws can make up the price difference by offering paper

Page 2 of 3Agenda Item # 4.B.

straws or other alternatives upon request. Not requesting or using a straw is an effectiveway to reduce the pollution created by plastic straws in the environment.

Additionally, on January 22, 2018, Mayor Peak recommended adding plastic lids to theordinance. Staff recommends the City address these important issues incrementally toallow businesses to find readily available non-plastic alternatives. By consensus, theSubcommittee recommended staff forward the ordinance to Council for adoption.

As part of the initial outreach efforts, staff recommends providing each local restaurantwith a box of paper straws accompanied by a letter introducing the new ordinance. Thestraws will be sent after Council approval of the ordinance.

ATTACHMENT: Ordinance No. 432

Page 3 of 3Agenda Item # 4.B.

ORDINANCE NO. 432

AN ORDINANCE OF THE CITY OF MALIBU DETERMINING THEPROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIAENVIRONMENTAL QUALITY ACT AND AMENDING TITLE 9(PUBLIC PEACE AND WELFARE) OF THE MALIBU MUNICIPALCODE, CHAPTER 9.24 TO REGULATE PLASTIC STRAWS,STIRRERS, AND CUTLERY

The City Council of the City of Malibu does ordain as follows:

SECTION 1. Recitals.

A. The state Legislature recognized that littered plastic products have caused andcontinue to cause significant environmental harm and have burdened local governments withsignificant environmental cleanup costs. (California Public Resources Code §423 55.) The stateLegislature further declared its intent to ensure that environmental marketing claims, includingclaims of biodegradation of plastics, do not lead to an increase in environmental harm associatedwith plastic litter by providing consumers with a false belief that certain plastic products are lessharmful to the environment. (Id.)

B. Although plastics are generally recyclable, plastics synthesized from petroleum andnatural gas do not biodegrade. Even with the emergence of bioplastics, which are derived fromrenewable biomass sources, such as plants and microorganisms, there is no certified type ofbioplastic that biodegrades in a marine environment.

C. To fulfill the City ofMalibu’s goals ofreducing littered plastic products, the MalibuCity Council adopted an ordinance banning.polystyrene foam food packaging containers (MalibuMunicipal Code Section 9.24) and plastic shopping bags (Malibu Municipal Code Section 9.28).

D. Despite these efforts, the City continues to confront littered plastic, namely plasticstraws, stirrers, and cutlery. Plastic straws, stirrers, and cutlery are generally made frompolystyrene or polypropylene. Although the City has already banned polystyrene, it intends tomake clear, through the adoption of the instant ordinance, that commercial use of all plastic straws,stirrers, and cutlery is banned within the City’s jurisdiction. A ban on plastic straws, stirrers, andcutlery will further serve the City’s goal of reducing plastic litter. Non-plastic, compostablealternatives are available.

SECTION 2. The Title of Chapter 9.24 of the Malibu Municipal Code is hereby amended to readas follows:

“Chapter 9.24 Ban on Plastic Food Packaging and Other Plasticware”

SECTION 3. Section 9.24.010 of the Malibu Municipal Code is hereby amended by adding thefollowing definitions in alphabetical order:

Ordinance No. 432Page 2 of 4

“Beverage Provider” means any business, organization, entity, group, or individual locatedin the City of Malibu that offers liquid, slurry, frozen, semi-frozen, or other forms ofbeverages to the public for consumption.

“City-Sponsored Event” means any event organized or sponsored by the City ofMalibu orany department of the City of Malibu.

“Plastic Cutlery” means any utensil, such as a fork, spoon, spork, or knife, madepredominantly of plastic derived from either petroleum or a biologically based polymer,such as corn or other plant sources intended for only one-time use. “Plastic cutlery”includes compostable and biodegradable petroleum or biologically based polymer formsof cutlery, but does not include forms of cutlery that are made from non-plastic materials,such as paper, sugar cane, bamboo, etc.

“Plastic Beverage Straw” means a tube made predominantly of plastic derived from eitherpetroleum or a biologically based polymer, such as corn or other plant sources, fortransferring a beverage from its container to the mouth of the drinker. “Plastic BeverageStraw” includes compostable and biodegradable petroleum or biologically based polymerstraws, but does not include straws that are made from non-plastic materials, such as paper,sugar cane, bamboo, etc.

“Plastic Stirrer” means a device that is used to mix beverages, intended for only one-timeuse, and made predominantly of plastic derived from either petroleum or a biologicallybased polymer, such as corn or other plant sources.. “Plastic stirrer” includes compostableand biodegradable petroleum or a biologically based polymer stirrers, but does not includestirrers that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.

SECTION 3. Section 9.24.010 of the Malibu Municipal Code is hereby amended by amendingthe following definition:

“Food service ware” means all containers, bowls, plates, trays, cups, lids, napkins, andother like items that are designed for one-time use for prepared foods, including, withoutlimitation, service ware for takeout foods and/or leftovers from partially consumed mealsprepared by food vendors. The term “food service ware” does not include items composedof aluminum.

SECTION 4. Section 9.24.045 is hereby added to Chapter 9.24 of the Malibu Municipal Code toread as follows:

9.24.045 Sale and Commercial Distribution ofPlastic Beverage Straws, Stirrers, and CutleryProhibited.

A. No restaurant, including fast food restaurants, beverage provider, or vendor shall use,provide, distribute, or sell plastic beverage straws, plastic stirrers, or plastic cutlery.

Ordinance No. 432Page 3 of4

B. Nothing in this section precludes restaurants, including fast food restaurants,beverage providers, or vendors from using or making non-plastic alternatives, suchas those made from paper, sugar cane, or bamboo, available to customers. Non-plasticalternative straws shall only be provided upon request by the customer.

C. No person shall distribute plastic beverage straws, plastic stirrers, or plastic cutleryat any city facility or any city-sponsored event.

SECTION 5. Section 9.24.050 of the Malibu Municipal Code is hereby amended to read asfollows:

A. The City Manager may waive the provisions of Sections 9.24.020, 9.24.030,9.24.040, 9.24.045 if:

SECTION 6. Environmental Review

This Ordinance was assessed in accordance with the authority and criteria contained in theCalifornia Environmental Quality Act (CEQA), the State CEQA Guidelines, and theenvironmental regulations of the City. The City Council hereby finds that under Section15061 (b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements ofCEQA because it can be seen with certainty that the provisions contained herein would not havethe potential for causing a significant effect on the enviromrient. It also finds the Ordinance isexempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308as an action by a regulatory agency taken to protect the enviromuent and natural resources.

SECTION 7. Severability

If any section, subsection, subdivision, sentence, clause, phrase, or portion of thisOrdinance or the application thereof to any person or place, is for any reason held to be invalid orunconstitutional by the final decision of any court of competent jurisdiction, the remainder of thisOrdinance shall remain in full force and effect.

The City Council hereby declares that it would have passed this ordinance and each section,subsection, phrase or clause thereof irrespective of the fact that any one or more sections,subsections, phrases, or clauses be declared unconstitutional.

SECTION 8. Effective Date.

This Ordinance shall take effect on June 1, 2018.

SECTION 9. Certification.

The City Clerk shall certify the passage and adoption of this ordinance and enter it into thebook of original ordinances.

Ordinance No. 432Page 4 of 4

PASSED, APPROVED AND ADOPTED this day of 2018.

SKYLAR PEAK, MayorAYrEST:

HEATHER GLASER, City Clerk(seal)

Date: _________________________

~VED ,~S T~ FORMS

(4i41 t~v~eHRISTI HOGTN~ Ci Attorney

Any action challenging the final decision of the City made as a result of the public hearing on thisapplication must be filed within the time limits set forth in Section 1.12.010 of the MalibuMunicipal Code aiid Code of Civil Procedure.