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HomeMy WebLinkAbout19-16 - Prohibiting the use of styrofoamRESOLUTION NO. 19-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING THE USE OF EXPANDED POLYSTYRENE (COMMONLY KNOWN AS "STYROFOAM") FOOD SERVICE PRODUCTS WITHIN CITY FACILITIES AND AT CITY -SPONSORED EVENTS THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Costa Mesa is committed to preserving the environment; and WHEREAS, expanded polystyrene ("EPS"), which is commonly known by its trademark name, "Styrofoam", is a petroleum-based plastic that has been found to have increasingly negative effects on the environment; and WHEREAS, EPS does not effectively biodegrade in the environment, but merely breaks down into smaller particles, which litter the City's streets, public places, and open spaces; and WHEREAS, food service products made from EPS are a major source of litter and marine pollution, and frequently clog storm drains and waterways throughout the region; and WHEREAS, as a non -biodegradable and non -recyclable plastic, EPS can persist in the environment for hundreds of thousands of years; and WHEREAS, alternative products, which are bio -degradable, reusable, and/or recyclable are readily available at reasonable cost; and WHEREAS, the City of Costa Mesa desires to exercise environmental stewardship by reducing the amount of EPS that enters the City's waste stream. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COSTA MESA AS FOLLOWS: 1. The City of Costa Mesa shall not prospectively purchase, acquire or use food service products that are produced with expandable polystyrene at City facilities. Prohibited products include, but are not limited to, expandable polystyrene food service items such as cups, plates, bowls, trays, and containers. Resolution No. 19-16 Page 1 of 4 2. All future rental or use 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 the renter/user or any attendee or vendor at the associated function. The rental agreement shall indicate that the violating renter's/user's security deposit will be forfeited if the Parks and Community Services Director, or his/her designee, determines that such products were utilized in violation of the rental agreement. 3. The use or distribution of expandable polystyrene products at all future events that are sponsored or co-sponsored by the City of Costa Mesa shall be prohibited. This prohibition shall apply to event organizers, agents of the event organizers, event vendors, and any other party (including non-profit organizations) that enter into an agreement with one or more of the co-sponsors of the event to sell goods, food or beverages at the event or otherwise provide an event -related service. The prohibition on the use of 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, food 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 Parks and Community Services Director, or his/her designee, determines that such products were used in violation of the agreement. 4. The provisions of this Resolution shall not apply to the City's SeniorSery Program for up to one year upon adoption. Resolution No. 19-16 Page 2 of 4 5. All individuals, groups, businesses, non-governmental and other governmental agencies are strongly encouraged to assist in preserving the environmental by ceasing to purchase and use expandable polystyrene food service products. PASSED AND ADOPTED This 16th day of April, 2019. ATTEST: �� .,�W Brenda Gre , City Clerk APPROVED AS TO FORM: Kimberly H II Barlow, City Attorney Resolution No. 19-16 Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 19-16 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 16th day of April, 2019, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: CHAVEZ, GENIS, MARK, REYNOLDS, STEPHENS, FOLEY NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: MANSOOR IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 17th day of April, 2019. Brenda Green, City Clerk Resolution No. 19-16 Page 4 of 4