REPORT TO COUNCIL
SUBJECT
Title
Direct Staff to Develop an Ordinance to Reduce Use of Single-Use Plastic Foodware and Condiment Containers and Return to City Council for Approval after Completion of CEQA Review
Report
REPORT IN BRIEF
The Sustainability Commission considered this item on March 15, 2021.
Staff provided a presentation with an overview of the challenges with single-use plastics and their alternatives, steps being taken regionally and in Santa Clara County to reduce plastics, a model ordinance developed by the Santa Clara County Technical Advisory Committee, impacts of COVID-19 on restaurants and single use plastics and what options might be workable in Sunnyvale. After the presentation, the Commission discussed the possibility of adding a third action to the recommended two phases in Alternative 1, which was for staff to return to Council in late 2022 to provide additional recommendations for reducing single use plastics. Staff agreed it was a viable addition.
The Sustainability Commission voted 7-0 to recommend that Council approve Alternative 1 with an amendment to add an action to come back to Council in late 2022: The Commission further recommended that the City Council direct staff to develop two ordinances to be developed and phased in over three years to reduce the impacts of single-use plastic foodware and condiment containers, and return for City Council approval of the ordinance after appropriate CEQA review.
The phases and action include 1) by September 2021 develop an opt-in program for foodware and condiment containers for online and take-out ordering from food service delivery vendors and restaurants and, 2) by late 2022/early 2023 require food service businesses to provide customers with single-use plastic foodware and condiment containers only upon request, for in-store as well as take-out. Additionally, direct staff to return to Council in late 2022 with further recommendations for the program.
After the Commission meeting, staff discussed the Commission’s recommendation of developing two ordinances and agreed it would be more streamlined to develop one single ordinance instead and is recommending that Council direct staff to develop a single Ordinance (See Alternative 2). In addition, staff specified the implementation date for Phase 2. Staff also recommends that we return to Council with further recommendations in late 2023 instead of late 2022. This will allow staff to implement and evaluate the effectiveness of phases one and two before making recommendations on the next phase. Staff’s recommendation on phases and action are as follows:
1) By September 2021. Develop an opt-in program for foodware and condiment containers for online and take-out ordering from food service delivery vendors and restaurants.
2) By June 2023. Require food service businesses to provide customers with single-use plastic foodware and condiment containers only upon request, for in-store as well as take-out.
3) Direct staff to return to Council by late 2023 with additional recommendations for the program.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, Sunnyvale Public Library and Department of Public Safety. In addition, the agenda and report are available at the Office of the City Clerk and on the City's website.
ALTERNATIVES
Alternative 1: Direct staff to: 1) by September 2021 develop an ordinance with an opt-in requirement for foodware and condiment containers for online and take-out ordering from food service delivery vendors and restaurants and, 2) by late 2022/early 2023 develop an ordinance to require food service businesses to provide customers with single-use plastic foodware and condiment containers only upon request, for in-store as well as take-out. Additionally, direct staff to return to Council in late 2022 with further recommendations for the program.
Alternative 2: Direct staff to develop an Ordinance to be implemented and phased in over three years to reduce the impacts of single-use plastic foodware and condiment containers, and return for City Council approval of the Ordinance after appropriate CEQA review, with a targeted Ordinance adoption date of September 2021:
• Phase 1 - An opt-in requirement for foodware and condiment containers for online and take-out ordering from food service delivery vendors and restaurants, to take effect in September, 2021
• Phase 2 - Require food service businesses to provide customers with single-use plastic foodware and condiment containers only upon request, for in-store as well as take-out, to take effect in June 2023.
Additionally, direct staff to return to Council in late 2023 with a proposal that evaluates further recommendations for the program.
Alternative 3: Direct staff to come back to Council after the impacts of Covid-19 have passed with an updated recommendation.
Alternative 4: Other action as directed by Council.
STAFF RECOMMENDATION
Recommendation
Alternative 2 : Direct staff to develop an Ordinance to be implemented and phased in over three years to reduce the impacts of single-use plastic foodware and condiment containers, and return for City Council approval of the Ordinance after appropriate CEQA review, with a targeted Ordinance adoption date of September 2021:
• Phase 1 - An opt-in requirement for foodware and condiment containers for online and take-out ordering from food service delivery vendors and restaurants, to take effect in September, 2021
• Phase 2 - Require food service businesses to provide customers with single-use plastic foodware and condiment containers only upon request, for in-store as well as take-out, to take effect in June 2023.
Additionally, direct staff to return to Council in late 2023 with a proposal that evaluates further recommendations for the program.
The opt-in program will have minimal impact on restaurants and some restaurants and food delivery service providers already have this as an option on their websites so Phase 1 will be fairly easy to implement. For Phase 2, staff can begin informing businesses about the timeline for the change when they are assisting them with implementation of the mandatory food scraps collection program in early 2022 (Senate Bill 1383).The impacts on businesses are minimal for both of these actions and will likely save them money due to the reduction of the single-use plastics being given out for take-out and in-store use.
Staff
Prepared by: Karen Gissibl, Environmental Programs Manager
Reviewed by: David Krueger, Solid Waste Division Manager
Reviewed by: Ramana Chinnakotla, Director, Environmental Services Department
Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Report to Sustainability Commission, 21-0229, March 15, 2021 (without attachments)
2. Sustainability Commission Meeting Minutes, March 15, 2021
3. Report on Single-Use Plastics