ORDINANCE 1612ORDINANCE NO. 1612
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE TITLE 5
TO REQUIRE AN "UPON REQUEST" POLICY FOR PLASTIC STRAWS,
STIRRERS AND UTENSILS
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1. The City Council finds and determines as follows;
A. The State of California Legislature recognized that littered plastic products
have caused and continue to cause significant environmental harm and
have burdened local governments with significant environmental clean-up
costs (Cal. Pub. Res. Code § 42355);
13� According to the State Legislature, annual global production of plastic has
reached 335 million tons and continues to rise. The United States alone
discards 30 million tons each year. Global plastic production is projected to
more than triple by 2050, accounting for 20 percent of all fossil fuel
consumption;
C. Without action, projections estimate that by 2050 the mass of plastic
pollution in the ocean will exceed the mass of fish. A study by the University
of Exeter and Plymouth Marine Laboratory in the United Kingdom found
plastics in the gut of every single sea turtle examined and in 90 percent of
seabirds. Additionally, plastic negatively affects marine ecosystems and
wildlife, as demonstrated by countless seabirds, turtles, and marine
mammals, including, but not limited to, whales and dolphins, dying from
plastic ingestion or entanglement;
D. The environmental and public health impacts of plastic pollution are
devastating and the environmental externalities and public costs of cleaning
up and mitigating plastic pollution continue to grow;
E. Local governments in California annually spend in excess of four hundred
twenty million dollars ($420,000,000) in ongoing efforts to clean up and
prevent plastic and other litter from entering our rivers and streams and
polluting our beaches and oceans;
F. The City Council desires to reduce litter and single -use plastic products.
SECTION 2. Environmental Assessment. The City Council finds that the Ordinance is not
subject to review under the California Environmental Quality Act ("CEQA") under CEQA
Guidelines section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the Ordinance may have a significant effect on the environment. Adopting
this Ordinance will not have the effect of deleting or substantially changing any regulatory
standards or required findings. This Ordinance would not result in any development or
ORDINANCE NO. 1612
PAGE 1 of 5
changes to the physical environment and will require certain businesses to not provide
single -use plastic products to a customer unless the customer requests such products.
Further, the Ordinance is exempt from further review as a Class 7 exemption (14 CFR §
15307; Actions by Regulatory Agencies for Protection of Natural Resources), because
the Ordinance is intended to reduce the amount of waste generated from single -use
plastic products.
SECTION 3. ESMC Title 5 (Health and Sanitation) is amended to add a new chapter to
read as follows:
CHAPTER 8: SINGLE -USE PLASTICS "UPON REQUEST" POLICY
Section 5-8-1. Purpose.
The purpose of this Chapter is to require certain businesses in the City of
EI Segundo follow an "upon request" policy for single -use plastic products
to reduce adverse environmental and public health impacts associated with
single -use plastics and to promote environmentally sustainable practices.
Section 5-8-2. Definitions.
For purposes of this chapter, the following terms shall have the following
meanings:
"Beverage provider" means any business, organization, entity, group or
individual that offers liquid, slurry, frozen, semi -frozen, or other forms of
beverages within the City of EI Segundo to the general public for
consumption. The term "Beverage provider" also includes any organization,
group or individual that regularly provides beverages to its members or the
general public as part of its activities or services.
"Food provider" means any business, organization, entity, group or
individual that provides or sells prepared food or raw food or beverages
within the City of EI Segundo to the general public for consumption. The
term "Food provider" includes but is not limited to (1) a grocery store,
supermarket, restaurant, drive-thru restaurant, cafe, coffee shop, snack
shop, public food market, farmers' market, convenience store, or similar
fixed place where prepared food or raw food or beverages are available for
sale and consumption; (2) any mobile store, food vendor, caterer, food
truck, vending machine or similar mobile outlet; and (3) any organization,
group or individual that regularly provides prepared food or raw food or
beverages to its members or the general public as a part of its activities or
services.
"Plastic beverage straw" means a tube made predominantly of plastic
derived from either petroleum or a biologically based polymer, such as corn
ORDINANCE NO. 1612
PAGE 2 of 5
or other plant sources, that is used to transfer a beverage from its container
to the drinker's mouth.
"Plastic stirrer" means a plastic device made predominantly of plastic
derived from either petroleum or a biologically based polymer, such as corn
or other plant sources, that is used to mix beverages or plug the opening of
a beverage lid, and is intended for one-time use.
"Plastic utensil" means any utensil, including but not limited to forks, spoons,
sporks, and knives, made predominantly of plastic derived from either
petroleum or a biologically based polymer, such as corn or other plant
sources, that is intended for one-time use.
Section 5-8-3. "Upon -request" policy for single -use plastic straws,
stirrers and utensils required.
No food provider or beverage provider in the City of EI Segundo shall
provide single -use, plastic beverage straws, plastic utensils or plastic
stirrers to a customer, except upon the request of the customer.
Section 5-8-4. Extensions and Exemptions.
A. The City Manager or designee may provide extensions of time for
compliance or exempt any person from the requirements of this Chapter
as follows:
1. A request for an extension or claimed exemption shall be filed in
writing with the City Manager or designee and shall include
documentation of the reason for the requested extension or
exemption and any other information necessary for the City to make
its decision. The City may require the applicant to provide additional
information as necessary to make the required determinations.
2. The City Manager designee may approve the extension or
exemption for a maximum of one year, with or without conditions,
upon finding that compliance would create an undue hardship.
Undue hardship may include but not be limited to situations where:
a. There are no reasonable alternatives for reasons that are unique
to the applicant; or
b. The extension or exemption may be extended for additional terms
of up to one year each, upon a showing of the continuation of the
legal right.
B. The City Manager's written decision on the extension or exemption is
effective within 10 days of the decision.
ORDINANCE NO. 1612
PAGE 3 of 5
C. Decisions of the City Manager may be appealed by the person applying
for the extension or exemption to the City Council. Appeals shall be filed
in writing with the City Clerk within 10 days of the decision and shall be
accompanied by a fee set by resolution of the City Council. Notice of
hearing shall be given to the applicant at least 10 days prior to the
hearing.
Section 5-8-5. Enforcement; Penalties.
A. This Chapter will be enforced starting on May 20, 2020.
B. Violations of the provisions of this Chapter are subject to the
administrative penalty provisions of Chapter 1-2A of this Code.
C. The City Attorney make seek legal, injunctive or other equitable relief to
enforce this Chapter. The remedies and penalties provided in this
section are cumulative and not exclusive of one another.
D. The City Manager may promulgate regulations and take any and all
other actions reasonable and necessary to enforce this Chapter.
SECTION 4. Validity of Previous Code Sections. If the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
regulation by this Ordinance will be rendered void and cause such ESMC provision or
other regulation to remain in full force and effect for all purposes.
SECTION 5. Reliance on Record. Each and every one of the findings and determinations
in this Ordinance are based on the competent and substantial evidence, both oral and
written, contained in the entire record relating to the project. The findings and
determinations constitute the independent findings and determinations of the City Council
in all respects and are fully and completely supported by substantial evidence in the
record as a whole.
SECTION 6. Preservation. Repeal or amendment of any previous Code Sections does
not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and
imposition of penalties for any violation occurring before this Ordinance's effective date.
Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provision or application and, to this end, the
provisions of this Ordinance are severable.
SECTION 8. The City Clerk, or her duly appointed deputy, is directed to certify the
passage and adoption of this Ordinance; cause it to be entered into the City of EI
Segundo's book of original ordinances; make a note of the passage and adoption in the
ORDINANCE NO. 1612
PAGE 4OF5
records of this meeting; and, within fifteen (15) days after the passage and adoption of
this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 9. Effective Date. This Ordinance will become effective on the 31St day
following its passage and adoption.
PASSED AND ADOPTED this 21St day of January, 2020.
Drew Boyles, yor
ATTEST:
UM,,A
Tracy Weav T, City Clerk
APPROVED AS TO FORM:
Markr & ..
ORDINANCE NO. 1612
PAGE 5 of 5
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF EL SEGUNDO
1, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1612 was duly introduced by said City Council at a regular meeting held
on the 17th day of December, 2019, and was duly passed, and adopted by said City
Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a
regular meeting of said Council held on the 21st day of January, 2020, and the same was
so passed and adopted by the following vote:
AYES: Mayor Pro Tern Pirsztuk, Council Member Pimentel, and Council Member
Nicol
NOES: None
ABSENT: Mayor Boyles
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this21 qbday of January,
2020,
OJ44Tzu)tvv-)�)
I y Weaver, City Clerk
of the City of El Segundo,
California