City Council Meeting

02-12-18

Item
4.B.
Council Agenda Report —

To: 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 categorically
exempt from the California Environmental Quality Act and amending Chapter 9.24 to
Title 9 of the Malibu Municipal Code (MMC) to prohibit the sale, distribution and use of
plastic straws, stirrers, and cutlery within the City; and 2) Direct staff to schedule second
reading and adoption of Ordinance No. 432 for the February 26, 2018 City Council
meeting.

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

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

On October 9, 2017, the Council directed staff to extend the Plastic Ban to address the
sale and commercial distribution of plastic straws. On January 22, 2018, the
Environmental Sustainability Subcommittee reviewed and discussed the proposed
ordinance relating to plastic straws and stirrers. The Subcommittee requested staff add a
ban on plastic cutlery to the proposed ordinance and amend the definition of “food
service ware.”

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

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

Page 1 of 3
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 alternatives
available to customers, and making non-plastic alternative straws available to
customers only upon request.

An estimated 500 million plastic straws are used and discarded every day enough to
—

wrap around the earth 2.5 times per day. In California, “Coastal Cleanup Day” has
tracked the amount of trash collected since 1992, and plastic straws and stirrers are the
sixth most common item collected. Plastic cutlery is the fifth most common item.
collected. For this reason, staff recommends banning plastic stirrers and plastic cutlery in
the 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 of
compostable and biodegradable petroleum or biologically based straws, forks, spoons,
and knifes. In other words, the City will only allow the commercial use and distribution of
straws, stirrers, forks, knifes, sporks, and spoons that are made from non-plastic
materials, such as paper, sugar cane, bamboo, etc.

Plastic straws, stirrers, and cutlery never biodegrade, the plastic is broken down into
smaller 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 over
five trillion pieces of plastic in the ocean. Of these pieces, 92 percent are smaller than a
grain of rice. These fragments are misidentified as food by aquatic biota and enter into
the food chain. Plastics in the ocean also attract other pollutants, which magnify the
toxicity of the fragments consumed by marine life, and ultimately enter the human food
chain. Plastic straws, stirrers, and cutlery end up in the ocean through human error and
misuse, 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 offer
convenience and are expected when ordering beverages. Therefore, staff recommends
making non-plastic alternative straws available only upon request. There are also many
non-plastic alternatives to single-use plastic straws, including paper, glass, bamboo, and
stainless steel straws. Similarly, there are non-plastic alternatives to single-use plastic
stirrers and cutlery, such as wooden or bamboo stirrers. These alternatives are currently
available locally. Although non-plastic alternatives can cost more than plastic straws,
stirrers, and cutlery, when similar quantities are ordered the difference is minimal. As it
relates to straws, it is approximately $.01 more per straw for paper straws. A restaurant
or other entity distributing straws can make up the price difference by offering paper

Page 2 of 3
Agenda Item # 4.B.
straws or other alternatives upon request. Not requesting or using a straw is an effective
way to reduce the pollution created by plastic straws in the environment.
Additionally, on January 22, 2018, Mayor Peak recommended adding plastic lids to the
ordinance. Staff recommends the City address these important issues incrementally to
allow businesses to find readily available non-plastic alternatives. By consensus, the
Subcommittee recommended staff forward the ordinance to Council for adoption.

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

ATTACHMENT: Ordinance No. 432

Page 3 of 3
Agenda Item # 4.B.
 ORDINANCE NO. 432

AN ORDINANCE OF THE CITY OF MALIBU DETERMINING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND AMENDING TITLE 9
(PUBLIC PEACE AND WELFARE) OF THE MALIBU MUNICIPAL
CODE, 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 and
continue to cause significant environmental harm and have burdened local governments with
significant environmental cleanup costs. (California Public Resources Code §423 55.) The state
Legislature further declared its intent to ensure that environmental marketing claims, including
claims of biodegradation of plastics, do not lead to an increase in environmental harm associated
with plastic litter by providing consumers with a false belief that certain plastic products are less
harmful to the environment. (Id.)

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

C. To fulfill the City of Malibu’s goals ofreducing littered plastic products, the Malibu
City Council adopted an ordinance banning.polystyrene foam food packaging containers (Malibu
Municipal 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 plastic
straws, stirrers, and cutlery. Plastic straws, stirrers, and cutlery are generally made from
polystyrene or polypropylene. Although the City has already banned polystyrene, it intends to
make 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, and
cutlery will further serve the City’s goal of reducing plastic litter. Non-plastic, compostable
alternatives are available.

SECTION 2. The Title of Chapter 9.24 of the Malibu Municipal Code is hereby amended to read
as 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 the
following definitions in alphabetical order:
 Ordinance No. 432
Page 2 of 4

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

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

“Plastic Cutlery” means any utensil, such as a fork, spoon, spork, or knife, made
predominantly 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 forms
of 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 either
petroleum or a biologically based polymer, such as corn or other plant sources, for
transferring a beverage from its container to the mouth of the drinker. “Plastic Beverage
Straw” includes compostable and biodegradable petroleum or biologically based polymer
straws, 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-time
use, and made predominantly of plastic derived from either petroleum or a biologically
based polymer, such as corn or other plant sources.. “Plastic stirrer” includes compostable
and biodegradable petroleum or a biologically based polymer stirrers, but does not include
stirrers 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 amending
the following definition:

“Food service ware” means all containers, bowls, plates, trays, cups, lids, napkins, and
other like items that are designed for one-time use for prepared foods, including, without
limitation, service ware for takeout foods and/or leftovers from partially consumed meals
prepared by food vendors. The term “food service ware” does not include items composed
of aluminum.

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

9.24.045 Sale and Commercial Distribution of Plastic Beverage Straws, Stirrers, and Cutlery
Prohibited.

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. 432
Page 3 of4

B. Nothing in this section precludes restaurants, including fast food restaurants,

beverage providers, or vendors from using or making non-plastic alternatives, such
as those made from paper, sugar cane, or bamboo, available to customers. Non-plastic
alternative straws shall only be provided upon request by the customer.

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

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

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 the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the
environmental regulations of the City. The City Council hereby finds that under Section
15061 (b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of
CEQA because it can be seen with certainty that the provisions contained herein would not have
the potential for causing a significant effect on the enviromrient. It also finds the Ordinance is
exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308
as 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 this

Ordinance or the application thereof to any person or place, is for any reason held to be invalid or
unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this
Ordinance 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 the
book of original ordinances.
 Ordinance No. 432
Page 4 of 4

PASSED, APPROVED AND ADOPTED this day of 2018.

SKYLAR PEAK, Mayor

AYrEST:

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 this
application must be filed within the time limits set forth in Section 1.12.010 of the Malibu
Municipal Code aiid Code of Civil Procedure.