TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Anne McIntosh, Community Development Director
Dana Murray, Environmental Manager
SUBJECT: Title
Consider Introduction of Ordinance No. 19-0003 to Reduce Single-Use Plastic, Polystyrene, and Balloon Pollution (Community Development Director McIntosh).
INTRODUCE ORDINANCE NO. 19-0003
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Recommended Action
RECOMMENDATION:
Staff recommends that City Council:
1. Introduce Ordinance No. 19-0003 to reduce single-use plastic, polystyrene, and balloon pollution;
2. Discuss and provide direction to staff on single-use plastic bottles at City functions, events, and facilities.
FISCAL IMPLICATIONS:
The recommended action has limited fiscal impact upon the budget. Staff time will be incurred in meeting with stakeholders and conducting outreach.
EXECUTIVE SUMMARY
Following City Council discussion and direction on December 4, 2018, staff has prepared an update to the City’s plastic pollution ordinance to:
1. Prohibit the sale and distribution of foil, “metalized," or Mylar balloons;
2. Prohibit use of foil, “metalized," or Mylar balloons in public places such as beaches and parks;
3. Prohibit the use of foil, “metalized," Mylar, or latex balloons at City functions or City events;
4. Prohibit the release of latex balloons into the environment;
5. Prohibit the sale, use, and distribution of polystyrene meat trays; and
6. Add a clause to the City’s single use plastic regulations on straws to accommodate people with disabilities.
By including these updates to the Municipal Code, Manhattan Beach would have a plastic pollution ordinance modeled after best practices in this area of environmental protection.
At the City Council meeting on January 15, 2019, the City Council asked to include a discussion about single-use plastic bottles at City functions and in vending machines at City facilities.
BACKGROUND:
Plastic pollution, including single-use plastics and polystyrene, have raised environmental and health concerns related to water pollution, the welfare of marine life, and human health.
Manhattan Beach adopted its first prohibition on the use of plastic products by takeout food vendors in 1988. The prohibition is codified as Manhattan Beach Municipal Code Chapter 5.80 and limits the types of polystyrene products that may be distributed by takeout food vendors. At the time of adoption, these regulations were intended to reduce ozone emissions and thereby protect the environment.
On September 10, 2013, the City Council adopted Ordinance No. 13-0009 to protect public health and the environment by prohibiting the use of polystyrene products by food vendors, including single-use, disposable products such as plates, bowls, trays, wrappers, platters, cartons, condiment containers, cups or drink ware, or any other container in which prepared foods are placed for consumption.
On April 1, 2014, the City Council adopted Ordinance No. 14-0003, which expanded Ordinance No. 13-0009 to include a prohibition on the distribution and sale of polystyrene straws, cup lids and utensils in connection with the preparation of prepared food, and the retail sale of polystyrene food service ware and ice chests.
The City’s 2018-2020 Environmental Work Plan was presented to City Council on November 7, 2017, and at a City Council Environmental Study Session on January 31, 2018. Included in the Environmental Work Plan is a proposal for the City Council to consider an update to existing plastic pollution policies, including plastic straws and utensils. This topic received support during public comment as well as from City Council.
On June 5, 2018, the City Council adopted Ordinance No. 18-0016, updating the City’s plastic pollution policy to further regulate use of single-use plastic and polystyrene in Manhattan Beach; shifting restaurant patrons to the use of reusable straws, utensils and stirrers upon request; keeping plastic waste from landfills, and reducing plastic litter and threats to natural ecosystems. This ordinance went into effect on July 1, 2018, and will be enforced starting January 1, 2019. Following discussion of the Ordinance at the on April 17, 2018 meeting, City Council directed Staff to come back with additional items to consider, including red plastic cups, plastic lids, plastic bottles, polystyrene meat trays, and balloons.
On December 4, 2018, the City Council discussed updating the City’s plastic pollution policy and directed staff to prepare an ordinance to amend the Municipal Code to: prohibit the sale and distribution of foil, “metalized," or Mylar balloons and regulate the use of foil, “metalized," or Mylar balloons in beaches and parks; provide more information to the City Council on alternatives to latex balloons, with the possibility to regulate releases of latex balloons into the environment; provide more information on viable alternatives to polystyrene meat trays, conduct outreach to grocery stores, and provide more information on polystyrene meat tray regulations adopted by other municipalities; and add a clause to the City’s single use plastic regulations on straws to accommodate people with disabilities.
DISCUSSION:
The analysis and policy recommendations included in this staff report are designed to further reduce single-use plastic in Manhattan Beach, thereby reducing greenhouse gas emissions; reduce the distribution of disposable single-use plastic; reduce polystyrene use and litter in the City; keep plastic waste from landfills; reduce balloon litter threats to natural ecosystems and ocean wildlife; and ensure that everyone can easily consume beverages.
Single-use plastics are not just a problem in Manhattan Beach, but across the globe. Plastic products in the ocean could take up to several hundred years to decompose, and pose a threat to the marine environment. The increase in usage of disposable plastic products over the years coincides with the increase in ocean pollution, especially as less than 5% of plastics are recycled. Plastics eventually break apart and become microplastics, plastics that are barely visible or invisible to the human eye. Microplastics can be ingested by aquatic organisms and work their way up the food chain. Alternatively, they can end up in our waterways, and a recent study found that microplastics are already being found in most bottled water brands. With the current trend, the World Economic Forum predicts that by 2050 there will be more plastic in the ocean than fish, by weight.
Manhattan Beach has long-been an environmental leader in addressing plastic pollution issues through local ordinances. The City was one of the first adopters in the world for both our plastic bag ban, and our polystyrene ban. Since our policies first took place, there are now about 120 California cities that have adopted polystyrene ordinances, and dozens more that have policies addressing straws and utensils. More cities are prohibiting plastic straws and utensils every month, in addition to adopting “Upon Request” policies - including the State of California, through AB 1884 signed by Governor Brown on September 20, 2018. Local community members and organizations are encouraging banning more single-use plastic items and updating our City’s plastic policy.
Federal and state pollution laws impose responsibility on Manhattan Beach to prevent the discharge of debris from the storm drain system, and must comply with the Los Angeles Regional Water Quality Control Board’s regulations incorporating a Total Maximum Daily Load (TMDL) for Debris for nearshore and offshore Santa Monica Bay. Additional measures to the City’s plastic pollution policy, such as those recommended, will help our City further meet the TMDL requirements.
Balloons
The environmental impacts of indiscriminate balloon releases pose threats to both marine and land-based species, resulting in many jurisdictions regulating balloon releases to reduce litter. The main concern is with balloons inflated with helium or another gas lighter than air. Whether they’re made from latex (also called rubber balloons) or the foil-and-polyester material commonly known as Mylar, they can travel longer distances and commonly end up in the ocean and waterways.
Marine animals and birds confuse balloons, both foil and latex, for food. To sea turtles, latex balloons may look like a jellyfish; to a whale, a latex balloon may resemble squid. Dolphins, turtles, sharks, sea birds, whales, and seals are some of the marine animals that have been found dead with balloons in their digestive systems. Marine animals eat the balloon and are unable to digest it, which block their guts, ultimately causing the animal to starve to death. Sea turtles are the most common victims of balloon pollution due to the resemblance balloons have to jellyfish, a common prey of sea turtles. In addition, the stringed ribbon that is often attached to both foil and latex balloons also poses a threat to wildlife, mostly birds. Balloon ribbons can become entangled in birds’ beaks, and can get stuck around the necks of both land and marine animals.
Mass balloon releases are illegal in several states, cities, and countries, and several others have introduced bills aimed at limiting how many balloons can be sent floating into the skies at once. Since 1990, California has had a law that prohibits foil/Mylar balloon releases, and requires them to be sold with weights. Other states with regulations include Connecticut, Florida, Tennessee and Virginia; as well as local jurisdictions like Ocean City, MD; Palm Beach County, FL; Louisville, KY; Fort Lauderdale, FL; Huntsville, AL; San Francisco, CA; Nantucket, MA; Broward County, FL; Provincetown, MA; Fairfax, CA; and Baltimore, MD.
The release of balloons made from BoPET (biaxially-oriented polyethylene terephthalate), commonly known as Mylar, is already illegal in the state of California (since 1990) due its dangers to power lines. However, foil/Mylar balloons still pose a threat to the environment if they escape unintentionally, and especially pose threats to marine animals. Mylar, which is metallized plastic, does not biodegrade. In addition, Mylar balloons can conduct electricity and often get caught in power lines, causing countless power outages - more than 1,000 last year in southern California alone.
Latex balloons (also called rubber) are marketed as biodegradable since they are made from natural latex from a rubber tree. However, the marketing is misleading since latex balloons do not biodegrade quickly, taking about six months to a year biodegrade, and longer in salt water. This gives balloons plenty of time to end up in our environment and pollute our ecosystem.
Besides local jurisdictions, states, countries, and environmental groups taking action, the U.S. Fish and Wildlife Service (USFWS) advises the public to avoid releasing balloons. Instead, USFWS suggests people celebrate with more environmentally-friendly balloon alternatives like kites, pinwheels, and bubbles.
Polystyrene Raw Meat Trays
Since Manhattan Beach’s original polystyrene ordinance in 2013, over 120 cities have also adopted plastic or polystyrene ordinances, with newer regulations intended to protect the environment and public health more broadly. Staff continues to gather information on plastic and polystyrene ordinances in other cities, and recommends that polystyrene meat trays be included in the City’s polystyrene ordinance.
Polystyrene, a lightweight petroleum-based plastic material, is commonly littered or blown out of trash receptacles, migrating to the storm drain system and eventually to the ocean and beaches. Polystyrene, especially expanded foam, is difficult to clean up and may cumulatively result in increased litter as it breaks down in the marine environment into smaller pieces, which negatively impacts water quality and harms marine wildlife that often mistake pieces of polystyrene and plastic for food. Reducing polystyrene and single-use plastic in the environment will advance compliance with Federal, State and City clean water mandates, including compliance with the Total Maximum Daily Loads and the National Pollutant Discharge Elimination System. In addition, polystyrene has been shown to pose human health impacts to workers and consumers, but these impacts can be mitigated by reducing use.
There are multiple non-polystyrene meat trays currently available and widely used in markets across Manhattan Beach. Those alternatives include high performance, recyclable (e.g. rPET) or compostable (e.g. bagasse) supermarket trays that maintain safety and quality for raw meat products in a more environmentally favorable manner than expanded polystyrene meat trays. See examples in the City of San José alternatives list (Attachment).
Alternatives to expanded polystyrene meat trays are safe and attractive, as evidenced by meat currently sold in Manhattan Beach’s grocery stores. In researching Manhattan Beach uses, staff found that all grocery stores in the City sell some of their raw meat products in non-polystyrene-based meat trays (often rPET).
Major cities such as San Diego (pop. 1,420,000 - implemented 1/8/19), Seattle (pop. 724,745 - implemented 7/1/10), and San Francisco (pop. 884,363 - implemented 7/1/17), as well as smaller cities such as Malibu (pop. 12,877 - implemented 1/1/18), have successfully enacted comprehensive bans on polystyrene that include expanded polystyrene meat trays. All raw meat sold in grocery stores in Malibu, San Francisco, and Seattle are in wrapping or trays that are not polystyrene.
In addition, Sustainability Task Force members completed a thorough examination of the California Retail Food Code (section of the California Health and Safety Code), which shows no safety specifications that recommend or mandate the use of expanded polystyrene raw food trays.
Disability Accommodation on Straws
Since the passing of the plastic straw ban in June 2018, many other cities have followed suit with similar bans. This has caused the disabled community to speak out about how plastic straws can be essential to those who require them. Disabled community advocates have noted that there is not an adequate alternative for them. Staff recommends adding a clause in the ordinance to accommodate people with disabilities.
Proposed Ordinance Amendments
The ordinance would amend Municipal Code Chapter 5.80 to expand Manhattan Beach’s environmental regulations, including existing plastic and polystyrene ordinances, and further reduce litter by:
1. Adding a Section to regulate the sale, distribution and use of balloons through a:
a. Prohibition on the sale and distribution of foil, “metalized," or Mylar balloons;
b. Prohibition on the use of foil, “metalized," or Mylar balloons at City facilities, City sponsored events or any event held on public property including parks and beaches;
c. Prohibition on the release of latex balloons into the environment;
d. Prohibition against the use and distribution of latex balloons at any City function or City sponsored event.
2. Adding definitions for “Balloon,” “Beverage provider,” “Foil balloons,” “Latex balloons,” and “Meat and fish tray.”
3. Amending the polystyrene regulations section to regulate the sale, distribution, and use of polystyrene raw meat trays sold to consumers.
4. Adding a clause to the City’s single use plastic regulations on straws to accommodate people with disabilities.
Included in this municipal code update, staff combined Chapter 5.88 “Environmental Regulations” and Chapter 5.80 “Regulations on the Distribution, Sale and Use of Certain Polystyrene Products, Single-use Plastic, and Other Single-Use Products” into one chapter- 5.80 “Environmental Regulations.” Staff combined and consolidated each of the environmental regulations adopted by Council since 2008 into one chapter and combined the definitions, as well as reformatted and renumbered the chapter’s sections into a logical flow, and refined Section 5.80.010 “Purpose.” This is the appropriate place to have the City’s plastic, polystyrene, and balloon regulations.
By adopting the amendments, Manhattan Beach would have an ordinance modeled after best practices in this area of environmental protection.
Staff recommends that the ordinance take effect by April 1, 2019, in time for Earth Month.
Plastic bottle use for City events and at City facilities
Staff has not conducted an analysis of this issue pending City Council direction at the end of a discussion at this meeting.
PUBLIC OUTREACH/INTEREST:
In January 2019, staff conducted outreach directly with grocery stores within the City to gauge the feasibility of phasing out polystyrene meat trays. Staff reached out directly with managers or owners of nine grocery stores (Gelson’s, Grow, Trader Joe’s, Vons, Bristol Farms, Manhattan Meat Market, Ralph’s, Target, and Manhattan Grocery) that sell raw meat in the City, and took an informal inventory of the products grocery stores in the City currently use to sell raw meat in.
During that outreach, staff found that all these stores currently sell raw meat on viable alternatives to polystyrene meat trays, including those made of recyclable plastic and those that are made of recycled-plastic. Most of the stores also sell some raw meat products on polystyrene trays. When owners and managers were asked whether they thought converting the remaining polystyrene meat trays to other products was a feasible shift, several said they’d look into converting now and requested follow-up information on alternatives. The rest informed staff that they could work with their corporate offices to make those changes should the City take action. Staff also spoke multiple times with the California Grocers Association over the past year.
Following ordinance adoption, staff would work with the Sustainability Task Force and Sustainability Youth Council to ensure that Manhattan Beach businesses and non-profit organizations are contacted regarding policy changes. To the extent any community members have concerns, City staff will discuss these issues with them and try to address the challenges.
ENVIRONMENTAL REVIEW
Staff has determined that the proposed ordinance is exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) under Sections 15308 as an action taken to assure the protection of the environment. In addition, the proposed ordinance is exempt under Section 15061(b)(3) because prohibiting the distribution of plastic food service ware will not have a significant adverse impact on the environment. By contrast, the ordinance will improve the environment.
LEGAL REVIEW
The City Attorney has approved Ordinance No. 19-0003 as to form.
Attachments:
1. Ordinance No. 19-0003
2. Legislative Digest
3. Polystyrene Meat Tray Alternatives
4. PowerPoint Presentation