By Gus Herrera
On Monday, May 9, the Pasadena City Council voted unanimously in favor of city staff’s recommendation for a Polystyrene Food Packaging Ordinance. With approval, the city attorney will now draft a final ordinance, which will return to the council for finalization at a later time.
The ordinance will “regulate the use of polystyrene food packaging in order to reduce and prevent the presence of this type of litter in the environment and promote environmentally sustainable practices in the city,” according to staff’s report. It will prohibit the distribution of and sale of polystyrene food packaging and will apply to, “grocery stores; restaurants; farmer’s markets; convenience stores; food vendors; caterers; food trucks; groups or individuals that provide prepared foods to the general public; city facilities, operations, events and meetings; and all retailers selling food packaging.”
Polystyrene foam, also known as “Styrofoam,” is a cost-effective, yet environmentally hazardous material that never biodegrades, “it merely breaks into smaller and smaller particles and is ingested by wildlife,” according to staff’s report.
Properly disposed polystyrene in Pasadena goes to the Scholl Canyon landfill where it stays for a “very, very long time,” in the words of Gabriel Silva, environmental programs manager for the public works department. Improperly disposed polystyrene ends up in the Arroyo Seco watershed.
The first polystyrene ban was adopted by the City of Berkeley in 1988. According to Silva’s presentation, a total of 65 California cities have a polystyrene ordinance ban.
After staff’s presentation, it was clear that there would be a consensus among the council to move forward with the ordinance. Councilmembers Hampton, Kennedy, Madison, and McAustin were quick to show their support.
Kennedy was particularly ardent, “I just don’t see how we cannot support a ban.” He argued that the ordinance is “wise for the community, wise for the environment, we as elected officials have a responsibility, in my view, to do what’s in the best interest of our residents and those who voted us into office.” As a result, many of the public speakers in opposition of the ordinance were quick to leave the chambers.
In addition to city staff’s recommendation, the ordinance was recommended to council by two other city bodies, the municipal services committee (MSC) and the environmental advisory commission (EAC). On Dec. 8, 2015 city staff first presented the Polystyrene Ordinance to the MSC. According to staff’s report, MSC directed staff to explore the potential economic impacts on restaurants and small businesses. Staff returned to MSC with the additional information requested on April 26, 2016, and the committee subsequently voted to approve the ordinance unanimously.
The EAC only needed to be presented with the ordinance one time. On Oct. 20, 2015 they voted unanimously to recommend that council to draft the ordinance, after recommending only “minor language edits.”
Interestingly enough, council’s history with this subject precedes 2015, on Oct. 22, 2014, they adopted the Zero Waste Strategic Plan which, “outlined 19 program initiatives to achieve the goal of sending zero waste to landfills by 2040.” The Polystyrene Food Packaging Ordinance was indeed a facet of this plan, and, according to staff’s report, was “identified as a high priority.”
In formulating their recommendation, city staff reached out to community stakeholders, which included representatives from The Pasadena Chamber of Commerce, the Pasadena Health Department, the Playhouse District Association, the Old Pasadena Management District, Union Station Homeless Services, the Rose Bowl Operating Company, and others. On Sept. 24, 2015 this stakeholder group voted (7-4) in favor of recommending the polystyrene ban.
According to staff’s report, the ordinance is consistent with many council and city goals, with respects to sustainability. In addition to being a component of the aforementioned Zero Waste Strategic Plan, the ordinance also supports: The United Nations Urban Environmental Accords of 2005, Pasadena’s Green City Action Plan, and the “city’s General Plan Goal number 10, which is to establish Pasadena as a leader on environmental stewardship efforts.”
There will be a few exceptions, “the ordinance does not apply to uncooked meat, poultry, fish, eggs, and fresh produce.” It also will not apply to polystyrene lids, utensils, or straws. Furthermore, there will be a process under which the director of the department of public works, “may grant an exemption for one year, with or without conditions, upon finding that compliance would create an undue hardship,” according to the report. Kennedy, Hampton, and some public speakers argued for a stricter ordinance, which would do away with any exemptions, banning polystyrene altogether.
Food providers will have 12 months upon adoption of the ordinance to comply (those with long-term distribution contracts will have up to 18 months). City facilities, contractors, and events will be bound by the ordinance upon adoption.
City staff conducted a price comparison between polystyrene packaging versus alternative packaging and “unit costs were determined to be three cents for polystyrene versus seven cents for a comparable alternative product,” a 4-cent difference.
According to the report, annual financial impacts will vary depending on the institutions: “primary dine-in” locations will be impacted anywhere between $840 to $2,400, while “primarily takeout” businesses will be impacted between $7,200 and $16,800. The same report concluded that the financial impact on grocery stores and retailers will be “minimal.”
The department of public works will be responsible for the administration and enforcement of the ordinance. Furthermore, public works will conduct public outreach, meant to educate the public and local businesses and organizations leading up to the ordinance’s effective date.
The department of public health will also be involved in enforcement by, “identifying polystyrene use in food facilities during their routine inspections,” according to the report.
For more details on the meeting visit: http://ww2.cityofpasadena.net/councilagendas/council_agenda.asp.
