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HomeMy WebLinkAbout2024-05-13 SSC Agenda Packet Date:Monday, May 13, 2024 Time:5:00 p.m. Location:City Hall, Bldg. C, Conference Room B-111 276 Fourth Avenue, Chula Vista Sustainability Commission Regular Meeting   Public Comments: Public comments may be submitted to the Sustainability Commission in the following ways: •In-Person comments during the meeting. Join us for the Sustainability Commission meeting at the time and location specified on this agenda to make your comments. Each person will be allotted three (3) minutes to address the Board. •Submit an eComment. Visit  www.chulavistaca.gov/boardmeetings, locate this meeting and click on the comment bubble icon. Click on the item you wish to comment on, and then click on "Leave Comment." •Mail or email comments. Submit comments via email to SSC@chulavistaca.gov or by mail to Economic Development Department, 276 Fourth Ave, Chula Vista, CA 91910. The commenting period will close at noon on the day of the meeting. All comments will be made available to the Board and the public. Accessibility: Individuals with disabilities are invited to request modifications or accommodations in order to access and/or participate in a Sustainability Commission meeting by contacting the Office of the Economic Development at SSC@chulavistaca.gov (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. 1.CALL TO ORDER 2.ROLL CALL Commissioners Alatorre, Costello, Guevara-Gluyas, Knox, Salazar, Sharkey, and Chair Korgan 3.CONSENT CALENDAR (Items 3.1-3.2) The Commission will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Commissioner, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. Recommended Action: Commission approve consent calendar 3.1 Approval of Meeting Minutes of March 11, 2024 Recommended Action: Commission review and approve minutes 3.2 Written Communications Communication from Commissioner Sharkey requesting an excused absence from the March 11, 2024 Sustainability Commission meeting. Recommended Action: Commission approve absence 4.PUBLIC COMMENTS Persons may address the Commission on any subject matter within the Commission’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Commission may schedule the topic for future discussion or refer the matter to staff. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 5.PRESENTATIONS The following item(s) will be presentations given to the Commission. Action on these item(s) is typically limited to the Commission receiving the presentation and providing direction or feedback to staff, as appropriate. 5.1 CAP Update Presenters: Cory Downs, Conservation Specialist and Coleen Wisniewski, Environmental Sustainability Manager City of Chula Vista Sustainability Commission May 13, 2024 Agenda Page 2 of 3 5.2 Sustainability Champion Award Winners Presenter: Coleen Wisniewski, Environmental Sustainability Manager 5.3 Environmental Concerns of the Use of Artificial Turf in Chula Vista Presenter: Commissioner Sharkey 6.ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Commission and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 6.1 Chula Vista's Single-use Plastics Ban Draft Presenter: Manuel Medrano, Environmental Services Manager Please note that proposed additions are in red, deletions in red strikeout text Recommended Action: Review and approve proposed updates and recommend City Council approval OTHER BUSINESS 7.STAFF COMMENTS 8.CHAIR'S COMMENTS 9.COMMISSIONERS' COMMENTS 10.ADJOURNMENT to the regular meeting on June 10, 2024 at 5:00 p.m. Materials provided to the Sustainability Commission related to any open-session item on this agenda are available for public review by contacting the Economic Development Department at SSC@chulavistaca.gov. City of Chula Vista Sustainability Commission May 13, 2024 Agenda Page 3 of 3 1 REGULAR MEETING OF THE SUSTAINABILITY COMMISSION Meeting Minutes March 11, 2024, 5:00 p.m. City Hall, Bldg. #C, Conference Room B-129 276 Fourth Avenue, Chula Vista Present: Raymundo Alatorre, Commissioner Guevara-Gluyas, John Knox, Hayley Salazar Absent: Chair Korgan, Jeanine Sharkey Also Present: Abigail Costello, Chief Sustainability Officer Gakunga, Environmental Sustainability Manager Wisniewski, Secretary Rodriguez Others Present Victor Sanchez, Senior Recycling Specialist and Dave DiDonato, Recycling Specialist _____________________________________________________________________ 1.CALL TO ORDER A special meeting of the Sustainability Commission of the City of Chula Vista was called to order at 5:04 p.m. in Conference Room B-129 located in City Hall Building C, 276 Fourth Avenue, Chula Vista California. 2.ROLL CALL Secretary Rodriguez called the roll. 3.CONSENT CALENDAR (Items 3.1-3.2) Moved by John Knox Seconded by Chair Korgan DRA F T 2 Motion to approve consent calendar Yes (5): Raymundo Alatorre, Commissioner Guevara-Gluyas, John Knox, Chair Korgan, and Hayley Salazar Result:Carried (5 to 0) 3.1 Approval of Meeting Minutes of February 12, 2024 Commission review and approve minutes 3.2 Written Communications Commission approve the absence 4. PUBLIC COMMENTS Two public comments received • Jessica and Dan, San Diego Urban Timber • Tina Matthias, South Bay Sustainable Communities 5. PRESENTATIONS 5.1 Update Regarding the Chula Vista Building Energy Saving Ordinance Environmental Sustainability Manager Wisniewski shared an update on the Building Energy Saving ordinance. She began by sharing some background information on the 2017 Chula Vista Climate Action plan (CAP) and then went over California AB 802 which requires buildings 50,000 sq ft and over to report their energy usage. Wisniewski went over Chula Vista's program design and how the program will be implemented. 5.2 City of Chula Vista's Progress on Compliance with Senate Bill 1383 Programs Senior Recycling Specialist Sanchez presented on the city's progress in compliance with Senate Bill 1383. He went over jurisdiction responsibilities with includes providing organic collection services to all residents and businesses, conduct education and outreach to community, secure access to recycling and edible food recovery capacity, establish an edible food recovery program, produce recyclable and recovered organic products, monitor compliance and conduct enforcement. Sanchez shared that as of March 7 2,392 review had been performed by city staff. He concluded his presentation by going over enforcement requirements as of 2024. DR A F T 3 OTHER BUSINESS 6. STAFF COMMENTS Environmental Sustainability Manager Wisniewski gave a friendly reminder for commissioners to submit their nominations for Sustainability Champion Awards Senior Recycling Specialist Sanchez shared information on South Bay Earth Day taking place on April 13 at Bayfront Park 7. CHAIR'S COMMENTS Chair Korgan gave a welcome to the new youth member, Abigail Costello and asked her to introduce herself to the commission. 8. COMMISSIONERS' COMMENTS Commissioner Guevara-Gluyas extended an invitation to a book launch taking place on May 14 at the University of San Diego and asked for a plastic ban update. Commissioner Salazar shared that she participated in the San Diego Audubon bird festival and in a workshop the theme was about lighting and bird migration and how birds are affected with outdoor lighting, as well as within buildings. She mentioned other cities are participating on just getting the word out and publicizing a bird migration and would like for Chula Vista to do the same as least on social media. 9. ADJOURNMENT The meeting was adjourned at 6:43 p.m. Minutes prepared by: Monica Rodriguez, Secretary _________________________ Monica Rodriguez, Secretary DR A F T Chula Vista Climate Action Plan Update Sustainability Commission May 13, 2024 Agenda •Background •Current Implementation •2024 Updates •2024 Measures •Outreach •Next Steps The City has adopted 4 previous Climate Action Plan (CAP) documents to help reduce greenhouse gas (GHG) emissions and adapt to climate change impacts already been experienced. All CAP documents are planning documents and not CEQA certified What is a Climate Action Plan? Climate Change Impacts Greenhouse Gas Inventories •17% reduction since 2005 •33% per capital reduction factoring in 25% population growth •Expect electricity emissions to come back down Changes in GHG Emissions by Sector 2017 CAP Implementation Highlights •Zero Waste Plan Adoption •Active Transportation Plan implementation •EV Community Shuttle •San Diego Community Power •Climate Equity Index 2024 Updates Adopting Science - Based reduction targets for net-zero emissions by 2045 Net-Zero Goals Energy efficiency is still important but zero emission technologies like heat pumps, induction cooking, EVs, solar and battery storage play a bigger role in creating GHG reductions Focus on clean energy The Climate Equity Index will be used for CAP implementation and staff would support establishment of a Climate Equity Fund Prioritize Equity Greenhouse Gas Reduction Goals Big reductions are possible. Chula Vista municipal emissions have decreased approximately 80% below 1990 levels! GHG Reduction Measures Transportation •Increase use of zero emission/alternative fuel vehicles •Reduce fossil fuel use •Reduce vehicle miles traveled Energy •Decarbonize* buildings •Increase energy efficiency •Increase renewable and zero-carbon energy *Decarbonization is the process of substituting the use of an energy that directly produces carbon emissions like gas, diesel or natural gas for a fuel that does not directly produce carbon emissions, like electricity or hydrogen. •Information •Rebates •Contractors •Decarbonization Working Group met for 11 meetings in 2021 and 2022 and made a recommendation for mostly all-electric new buildings that was approved by SSC.Staff are now evaluating the high-performance design approach. GHG Reduction Measures Waste •Implement Zero Waste Plan Water •Increase Water Conservation and Decarbonization Carbon Sequestration •Increase Urban Canopy Cover GHG Reduction Measures -Transportation Measure Feedback QR Code GHG Reduction Measures -Energy GHG Reduction Measures GHG Reduction Measures Adaptation •Safety Element Update •High level goals and actions •More local analysis and implementation details could be included in an adaptation plan •State of CA •City of San Diego Outreach A group of 16 volunteers with various perspectives met over 7 times to provide recommendations for new actions Climate Change Working Group Six public workshops held Workshops Online and in person survey to collect feedback Survey Working to have Community based organizations support CAP design and implementation CBO Materials Summary •Background •GHG reduction targets and measures •Resources for action now •Does not include supporting actions Survey QR Code Available at: www.chulavistaca.gov/cap Summary QR Code Each workshop will present the same information and will include a staff presentation, paper and online survey, GHG reduction sector posters and sector specific surveys. Workshops June 6 –South Branch from 5:30 to 7:00 pm June 8 –South Branch from 1:00 to 3:00 pm June 18 –The Hub at Otay Branch –4:30 to 6:30 June 22 –The Hub at Otay Branch –1:00 to 3:00 pm July 11 –Civic Center –4:30 to 6:30 pm July 13 –Civic Center –11 am –2:00 pm Timeline 2017 Last CAP Adopted 2020 Climate Change Working Group held April 2024 CAP update summary and survey to be published Q3 & 4 2024 Full CAP update to be taken to Sustainability Commission and City Council 2022 Climate Emergency with Science based reduction targets declared by City Council June –July 2024 Public Workshops Next Steps Outreach CAP Summary and Survey:Out Now! 6 Workshops:June & July Approval Sustainability Commission:September City Council:October Development of Full CAP Draft:July Final:August For documents and more information please visit www.chulavistaca.gov/cap CREDITS: This presentation template was created by Slidesgo, including icons by Flaticon , infographics & images by Freepik and illustrations by Stories Thanks Cdowns@chulavistaca.gov 619-476-2442 www.chulavistaca.gov/cap Do you have any questions? ]] Sustainability Champion Awards 2024 Coleen Wisniewski and Manuel Medrano Staff Liaisons Sustainability Commission Recognize local environmental leadership •Recipients nominated by the public and staff •2024 Award Categories •Resident •Business •Organization •Employee •Educator •Student •Community Contributor Sustainability Champion Awards 2 Resident Category 3 Eric Bonney Business Category 4 Arya Cleaners Organization Category 5 Community Congregational Development Corporation City Employee Category 6 Jose Aguayo Educator Category 7 Luisa Schultz Student Category 8 David Roxas Community Contributor 9 Operation Promise Community Services 10 CONGRATULATIONS TO ALL OUR WINNERS! 10 CONGRATULATIONS TO ALL OUR WINNERS! title https://gardening.stackexchange.com/ Image Credit: Frank Paemeleire, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons EXCESSIVE HEAT REDUCTION IN WATER QUALITY REDUCTION IN BIODIVERSITY Averages between 140˚ - 170˚ 37˚ hotter than asphalt 86.5˚ hotter than grass Annual Average Maximum Temperature under a High Emissions Scenario Source: Cal-Adapt. Data: LOCA Downscaled CMIP5 Climate Projections (Scripps Institution of Oceanography), Gridded Observed Meteorological Data (University of Colorado Boulder), LOCA Derived Products (Geospatial Innovation Facility). . Image Credit: 2024 Google Image Credit: 2024 Google Image credit: Pacific Southwest Region USFWS from Sacramento, US, Public domain, via Wikimedia Commons Benefits of fake grass Reduction in water use in the landscape Reduction in garden fertilizers Reduction in maintenance Water is still needed for cooling or cleaning purposes Trading chemicals for chemicals? Loss in opportunity for healthful exercise Drawbacks to fake grass Water usage to reduce temperature and make it usable Water usage to wash away bacteria Heat island effect Potential to chemical exposure Reduction in ecosystem services Zero biodiversity / pollinator support Removal of soil for installation Needs replacing every 10 – 15 years Not recyclable – will head to the Otay Landfill Civil Code § 4735. Low Water-Using Plants and Artificial Turf. (a) Notwithstanding any other law, a provision of the governing documents or architectural or landscaping guidelines or policies shall be void and unenforceable if it does any of the following: (1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf. (2) Prohibits, or includes conditions that have the effect of prohibiting, the use of artificial turf or any other synthetic surface that resembles grass. (3) Has the effect of prohibiting or restricting compliance with either of the following: (A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section 65595 of the Government Code. (B) Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the Water Code. (etc..) Senate Bill No. 676 CHAPTER 498 An act to amend Section 53087.7 of the Government Code, relating to local government. [ Approved by Governor October 08, 2023. Filed with Secretary of State October 08, 2023. ] LEGISLATIVE COUNSEL'S DIGEST SB 676, Allen. Local ordinances and regulations: drought-tolerant landscaping. Existing law prohibits a city, including a charter city, county, and city and county, from enacting or enforcing any ordinance or regulation that prohibits the installation of drought-tolerant landscaping, synthetic grass, or artificial turf on residential property, as specified. This bill would instead prohibit a city, including a charter city, county, or city and county from enacting or enforcing any ordinance or regulation that prohibits the installation of drought-tolerant landscaping using living plant material on residential property. The bill would specify that drought-tolerant landscaping does not include the installation of synthetic grass or artificial turf. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. Climate Adaptation Plan (2011) Climate adaptation means taking actions today to prepare for expected current and future impacts of climate change. The City of Chula Vista has long understood the risk of climate change to its community and has established itself as a leader among municipalities in planning to reduce, or mitigate, citywide greenhouse gas emissions. https://www.chulavistaca.gov/departments/clean/conservation/climate-action-plan title https://gardening.stackexchange.com/ Image Credit: Frank Paemeleire, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons EXCESSIVE HEAT REDUCTION IN WATER QUALITY REDUCTION IN BIODIVERSITY Image Credit: Jeanine Sharkey© Native/ low water plants Natural grass Asphalt street Artificial turf 44˚ DIFFERENCE Averages between 140˚ - 170˚ 37˚ hotter than asphalt 86.5˚ hotter than grass Image credit: public domain, via Wikimedia Commons Image Credit: https://ga.water.usgs.go v/edu/watercycle.html, public domain, via Wikimedia Commons Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community | Esri Community Maps Contributors, City of Chula Vista, SanGIS, California State Parks, © OpenStreetMap, Microsoft, CONANP, Esri, TomTom, Garmin, Foursquare, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS | 2019 The Trust for Public Land Image source: https://www.arcgis.com/ho me/webmap/viewer.html?w ebmap=339c93a11b7d4cf7b 222d60768d32ae5 Schools with either artificial turf playing field or artificial playground Asphalt parking lots Annual Average Maximum Temperature under a High Emissions Scenario Image credit and source: Cal-Adapt. Data: LOCA Downscaled CMIP5 Climate Projections (Scripps Institution of Oceanography), Gridded Observed Meteorological Data (University of Colorado Boulder), LOCA Derived Products (Geospatial Innovation Facility). . Image Credit: 2024 Google Water warming after running off hot concrete, asphalt, or artificial turf flows into the storm drains – erratic water temperature can be “stressful or fatal to aquatic life (1)” (1) A, B., S, L., & S, B. (2017). Urban Heat Island Effect: It’s relevance in urban planning. Journal of Biodiversity &amp; Endangered Species, 05(02). https://doi.org/10.4172/2332-2543.1000187 Image Credit: https://www.sandiegocounty.gov/content/sdc /dpw/watersheds/Watersheds.html Chula Vista has two watersheds, the Sweetwater and the Otay. Water flows toward the bay carrying trash and pollutants with it. Artificial turf is a petrochemical product known to contain many chemicals, including PFAS (forever chemicals) (ewg.org) Image credit: ChulaVistaCA.gov https://www.chulavistac a.gov/home/showpublis heddocument/6202/635 446446621370000 Image Credit: 2024 Google Bayside Park, near the end of our watershed Image Credit: Google Graphics Credit Jeanine Sharkey© (approx.) (approx.) Image Credit: Google Graphics Credit Jeanine Sharkey© (approx.) Image Credit: Google Graphics Credit Jeanine Sharkey© Image Credit: Google Graphics Credit Jeanine Sharkey© (approx.) Image Credit: Google Graphics Credit Jeanine Sharkey© IF 5 HOMES INSTALL ARTIFICIAL TURF, 6 HOMES INSTALL TURF GRASS, 1 HOME INSTALLS DECOMPOSED GRANITE <8% Ecological value, & significantly hotter(approx.) Image Credit: Google Graphics Credit Jeanine Sharkey© Repeated throughout Chula Vista Image credit: Pacific Southwest Region USFWS from Sacramento, US, Public domain, via Wikimedia Commons Native Southern California landscape Benefits of Artificial Turf Reduction in water use in the landscape Reduction in garden fertilizers Reduction in maintenance However, water is still needed for cooling or cleaning purposes Trading chemicals for chemicals? Loss in opportunity for healthful exercise Drawbacks to Artificial Turf Water usage to reduce temperature and make it usable Water usage to wash away bacteria Heat island effect Potential to chemical exposure Reduction in ecosystem services (drainage, bacteria breakdown, etc.) Zero biodiversity / pollinator support Removal of soil for installation & not eligible for rebates Needs replacing every 10 – 15 years Not recyclable – will eventually head to the Otay Landfill Civil Code § 4735. Low Water-Using Plants and Artificial Turf. (a) Notwithstanding any other law, a provision of the governing documents or architectural or landscaping guidelines or policies shall be void and unenforceable if it does any of the following: (1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf. (2) Prohibits, or includes conditions that have the effect of prohibiting, the use of artificial turf or any other synthetic surface that resembles grass. (3) Has the effect of prohibiting or restricting compliance with either of the following: (A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section 65595 of the Government Code. (B) Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the Water Code. (etc..) 2015 – Governor Brown Senate Bill No. 676 CHAPTER 498 An act to amend Section 53087.7 of the Government Code, relating to local government. [ Approved by Governor October 08, 2023. Filed with Secretary of State October 08, 2023. ] LEGISLATIVE COUNSEL'S DIGEST SB 676, Allen. Local ordinances and regulations: drought-tolerant landscaping. Existing law prohibits a city, including a charter city, county, and city and county, from enacting or enforcing any ordinance or regulation that prohibits the installation of drought-tolerant landscaping, synthetic grass, or artificial turf on residential property, as specified. This bill would instead prohibit a city, including a charter city, county, or city and county from enacting or enforcing any ordinance or regulation that prohibits the installation of drought-tolerant landscaping using living plant material on residential property. The bill would specify that drought-tolerant landscaping does not include the installation of synthetic grass or artificial turf. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 2023 – Governor Newsom Climate Adaptation Plan (2011) Climate adaptation means taking actions today to prepare for expected current and future impacts of climate change. The City of Chula Vista has long understood the risk of climate change to its community and has established itself as a leader among municipalities in planning to reduce, or mitigate, citywide greenhouse gas emissions. https://www.chulavistaca.gov/departments/clean/conservation/climate-action-plan Does artificial turf make Chula Vista a better place? Does it make ecological/environmental sense to have more artificial turf installed in our city? Does artificial turf fit into Chula Vista’s Climate Action Plan? 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROHIBITING THE USE, SALE AND DISTRIBUTION OF DESIGNATED POLYSTYRENE PRODUCTS, SINGLE- USE PLASTIC BEVERAGE BOTTLES LESS THAN ONE LIT ER AT CITY-SANCTIONED EVENTS, CARRYOUT PLASTIC BAGS, BALLOONS FILLED WITH GAS LIGHTER THAN AIR AND LIMITING THE DISTRIBUTION OF, PLASTIC UTENSILS, SINGLE-USE PLASTIC CUPS AND BEVERAGE STRAWS. Purpose and Intent. The purpose of this section of the Chula Vista Municipal Code is to establish standards and procedures for the distribution, sale and use of designated single-use plastic products to reduce litter in the City. Section 1 Definitions For the purposes of this section, the following words and phrases used below are defined as follows unless it is apparent from the context that a different meaning is intended: “Balloon” means a flexible bag, including but not limited to, those made from rubber, latex, polychloroprene (neoprene), Mylar, or nylon fabric, that is designed to be inflated with a gas lighter than air, causing it to float, or designed to be filled with water. A balloon may be used for decorative, toy, or entertainment purposes. Balloons used for medical, industrial, or scientific purposes are not subject to the provisions of this ordinance. “Bottled beverage” means drinking water, sparkling water, enhanced water, soda, sport drinks, juice, or other similar product in a rigid plastic bottle having a capacity of one liter or less and intended primarily as a single-service container. “Beverage Straw” means any straw or tube that is used for transferring a beverage from its container to the mouth of the drinker. “Bottled water” means drinking water in a sealed rigid plastic bottle having a capacity of one liter or less. “Biodegradable” means the ability of organic matter to break down from a complex to a simpler form through the action of bacteria. Biodegradable materials may vary greatly in the amount of time taken to break down and do not necessarily produce soil nutrients. “Carryout bag” means a bag provided at the check stand, cash register, point of sale, or other location for the purpose of transporting food or merchandise out of a retail establishment or food service provider's premises. For the purposes of this chapter, carryout bags do not include produce bags or product bags. “City” means the City of Chula Vista. “City Facility” means any building, structure, property, park, or open space, owned, leased or operated by the City, its agents, agencies, departments or franchisees. 2 “City Contractor” means any person that enters into an agreement with the City to furnish products or services to or for the City including all franchisees, contractors, and vendors doing business with the City. “City-Sanctioned Event” means any event, activity or meeting organized, sponsored, permitted, in whole or in part, by the City or any department of the City. This includes events at rented or borrowed City Facilities, City- managed concessions, and City co-sponsored events. “Customer” means any person obtaining Prepared Food from a Restaurant or Food Provider. “Disposable Food Ware” or “Disposables” means single-use, disposable products used for serving, transporting, or consuming Prepared Food, including but not limited to plates, bowls, trays, wrappers or wrapping, platters, cartons, hinged food containers, cups or drink ware, or any other container in or on which Prepared Foods are placed or packaged for consumption. “Disposable Food Ware Accessory” means food ware items, including utensils (e.g. forks, knives, spoons, sporks, and chopsticks), straws, stirrers, condiment cups and packets, cup lids, cup sleeves, cocktail sticks, toothpicks, splash sticks, spill plugs, and other similar accessory items used as part of or alongside prepared food. “Distribute” means to provide or offer to provide an item, either as a separate transaction or as part of a transaction for another item, regardless of whether compensation is received. “Encapsulated Expanded Polystyrene Product” means Expanded Polystyrene products that have been completely encased by a more durable material that protects the EPS material from disintegration and makes the product suitable for reuse multiple times. “Event” means an organized recreational or cultural activity promoted or sponsored by a business or non-profit group. “Expanded Polystyrene” or “EPS” means polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam. EPS is sometimes called “Styrofoam”, a Dow Chemical Co. trademark form of polystyrene foam insulation. “Expanded Polystyrene Product” means any item such as a cooler, ice chest, cup, bowl, plate, hinged food container (clamshell), shipping box, or any other merchandise made from expanded polystyrene. “Food Provider” means any Person or establishment that provides or sells Prepared Food within the City to the public to be consumed on the premises or for take-away consumption. Food Provider includes but is not limited to (1) a grocery store, supermarket, delicatessen, restaurant, drive-thru, café, cafeteria, coffee shop, snack shop, public food market, farmers’ market, convenience store, or similar fixed place where Prepared Food is available for sale on the premises or for take-away consumption; and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet. Food Provider also includes any business, organization, group, or individual that regularly provides Prepared Food to its members or the public as a part of its activities or services. “Food Tray” means a tray commonly used for packaging food for retail sale. 3 “Gas Lighter Than Air” means a gas that has a lower density than normal atmospheric gases and rises above them as a result, including, but are not limited to, helium, hydrogen, methane, oxygen, and nitrogen. “Packaged water” means drinking water in a sealed box, bag, rigid plastic bottle or other container intended primarily for single service use and having a capacity of one liter or less. This definition specifically excludes aluminum cans and glass bottles. Plastic bottle" means any formed or molded container comprised predominantly of plastic resin, having a relatively inflexible fixed shape or form, having a neck that is smaller than the container body, and intended primarily as a single service container. "Produce bag" or ''product bag" means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items. “Plastic Straw” or “Plastic Beverage Straw” means a Beverage Straw made of plastic derived from fossil fuel or biologically based polymer. “Plastic Utensil” means fork, spoon, knife, chopstick or stirrer, or other eating implement made predominantly of plastic derived from fossil-fuel or a biologically based polymer. “Polystyrene” means a thermoplastic petrochemical material utilizing the styrene monomer, including but not limited to polystyrene foam or expanded polystyrene, processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, or extrusion- blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene). The recycle code for polystyrene is ‘6’ or ‘PS,’ either alone or in combination with other letters. This definition applies to all polystyrene food ware, regardless of whether it exhibits a recycle code. “Prepared Food” means any food or beverage that is (1) ready to consume without any further preparation, alteration or repackaging; and (2) prepared, provided, sold or served by a Food Provider using any cooking, packaging or food preparation technique. Prepared Food may be eaten either on or off the Food Provider’s premises. For purposes of this ordinance, Prepared Food does not include (1) any raw uncooked meat, poultry, fish unless provided for consumption without further food preparation, and (2) fresh produce provided for consumption without food preparation or repackaging, including fruits, vegetables, and herbs, sold by grocery stores, supermarkets, food markets, farmers’ markets and other food vendors. “Reusable carryout bag” means a bag that is specifically designed and manufactured for multiple uses and meets the reusable bag requirements set forth in California Public Resources Code Section 42281. “Recyclable paper bag” means a carryout bag that meets all of the following requirements: 1. Does not contain a plastic lining; 2. Is accepted for recycling in the city’s curbside recycling program; 3. Is capable of composting consistent with the timeline and specifications of ASTM Standard D6400; 4. Has printed on the bag the name of the manufacturer, the country where the bag was 4 manufactured, and the minimum percentage of postconsumer content; and, 5. Displays the word “recyclable” on the outside of the bag, to the extent permitted under applicable law regarding recyclability claims. "Single-use carryout plastic bag" means any bag made predominantly of plastic derived from either petroleum or a biologically based source, such as corn or other plant sources, which is provided to a customer at the point of sale. "Single-use carryout plastic bag" does not include reusable bags, produce bags, or product bags. “Undue Hardship” means the alternative Food Ware products that meets the sane functional requirements are not available or result in a significant cost increase to operations. Section 2 Distribution of disposable food ware accessories and utensils (a) Disposable food ware accessories Plastic food ware and utensils shall not be automatically distributed to customers eating at food provider’s premises or for takeout, including when using a third-party delivery platform. A food provider may only distribute disposable food ware accessories plastic food ware and utensils(non-polystyrene) upon request by the customer or by the food provider to the customer, and upon offer at a drive-thru. (b) Plastic beverage straws shall not be automatically distributed to customers eating or drinking at the food provider’s premises unless the straw is pre-packaged with the beverage by a manufacturer. A food provider may only distribute plastic beverage straws upon request by the customer or upon offer by the food provider to the customer. Section 3 Sales and distribution of expanded or rigid polystyrene products and balloons filled with gas lighter than air. (a) No food provider shall distribute or sell any polystyrene disposable food ware in conjunction with the sale of prepared food or beverages at any location within the City of Chula Vista. (b) No person shall sell or distribute, disposable food ware made, in whole or in part, from polystyrene at any location within the City of Chula Vista. (c) No person shall distribute or sell expanded polystyrene loose fill packaging and cushioning material, such as foam peanuts, packing peanuts, foam popcorn or packing noodles, intended for the packaging of products, equipment, or other items at any location within the City of Chula Vista . (d) No person shall distribute, or sell products made in whole or in part, from expanded polystyrene that is not wholly encapsulated or encased within a non-Polystyrene material at any location within the City of Chula Vista. (e) No person shall sell or distribute or use balloons filled with gas lighter than air at any location within the City of Chula Vista. (d) This Section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research project projects. Section 4 Distribution of single-use carryout plastic bags. 5 This Chula Vista Municipal Code section is meant to work in conjunction with state law related to single-use carryout bags and any stores already in compliance with state law related to single- use carryout bags shall continue to follow state law on this matter. (a) Commercial businesses and food providers in the City of Chula Vista shall not provide a carryout bag to a customer at the point of sale, except as provided for in this chapter. No person shall sell or distribute a carryout plastic bag at City facilities, City-managed concessions, or City- sponsored events. (b) Commercial businesses may distribute only reusable carryout bags or recyclable paper carryout bags for the purpose of carrying away goods, merchandise, or other items from the point of sale, in accordance with this chapter. Food service providers located within retail establishments shall comply with the requirements of subsection (c) below. Commercial businesses, retail food vendors and restaurants in the City of Chula Vista should not sell or distribute a single-sue carryout plastic bag at City facilities, City-managed concessions, or City sponsored events. (c). Food providers may distribute only reusable carryout bags or recyclable paper bags for the purpose of carrying away prepared food or other goods from the point of sale, in accordance with this chapter. Food service providers shall comply with the requirements of this chapter for both on-premises and off-premises consumption of prepared food; and, for any method of ordering, including in-person, telephone, drive- through, self-serve, digital order, or through a third-party food delivery platform. Food service providers may use product bags or produce bags for takeout or delivery orders to hold containers of prepared food items that are liquids susceptible to spilling, such as soups, if specifically needed to prevent spilling during transport. This prohibition applies to bags provided for the purposes of carrying away goods from the point of sale and does not apply to produce bags and product bags. (d) This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to produce bags or product bags. (e) Nothing in this Chula Vista Municipal Code section prohibits customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. (f) All stores must provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags or both, at the store's option, to any customer participating either in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section15500) of Part 3 of Division 9 of the Welfare and Institutions Code. (g) No person shall sell or distribute a carryout plastic bag at City facilities, City-managed concessions, or City-sponsored events. Section 5 Carryout bag charge (a) Commercial businesses or food service providers that provide recyclable paper bags or reusable carryout bags at the point of sale may charge the customer no less than 10 cents for each bag provided. 6 (b) Commercial business and food providers shall inform the customer of the 10-cent charge prior to completing the transaction and shall separately itemize such charge on the sales receipt. Section 6 Sale and distribution of Bottled Beverages and Packaged Water at City Events and on City Property. (a) The sale and distribution of packaged water at any city facility, including events held through rentals or leases, is prohibited. (b) The sale and distribution of packaged water at any event held on city property, including a city street, and including events held through rentals or leases, is prohibited. (c) All new, renewed, and amended leases, permits or other agreements awarded by the city allowing any person to use city property or operate a mobile food facility shall require compliance with the prohibition. d) The above subsections A, B and C of this Section shall not apply to restrict the sale and distribution of water in aluminum cans or glass bottles e) The sale and distribution of bottled beverages at any city facility, including events held through rentals or leases, is prohibited. f) The sale and distribution of bottled beverages at any event held on city property, including a city street, and including events held through rentals or leases, is prohibited. (g) No City officer, department, or agency (collectively, department) shall use city funds to purchase plastic bottled beverages or packaged water for its own general use. A department may use city funds to purchase those products for uses specifically exempted from or allowed under this Chula Vista Municipal Code Section. (h) The city shall take appropriate steps to replace the use of single-use plastic bottles at food service facilities with non-plastic, recyclable, and reusable alternatives, including, but not limited to, aluminum cans, glass bottles, water fountains, or water bottle refill stations for reusable or refillable beverage containers. Section 7 Standard Exemptions The following exemptions of products apply to provisions of this Chula Vista Municipal Code Section: (a) Prepared food packaged outside the City, provided such food is not altered, packaged, or repackaged within the City limits. (b) Expanded polystyrene insulated containers designed to safely transport by mail or common carrier prepared food, frozen goods, perishables, pharmaceuticals, biotech, and medical supplies in compliance with the Food and Drug Administration or other regulatory agency recommended temperatures. (c) Containers, plates or trays for raw, butchered meats, fish and/or poultry. 7 (d) Food ware, plastic utensils, or plastic beverage straws brought by individuals for personal consumption or use at public facilities, including but not limited to schools and parks, provided the facility use is not part of an event. (e) The City may exempt a food provider or beverage provider when there is a public health and safety requirement or medical necessity to use an otherwise prohibited food ware product. (f) During a locally declared emergency, the City, emergency response agencies operating within the City, users of City facilities, and Food Providers shall be exempt from the provisions of this Chula Vista Municipal Code Section. (g) Construction products made from Polystyrene/Plastic Foam are exempted from this Chula Vista Municipal Code Section if the products are used in compliance with City of Chula Vista Municipal Code Title 15 (Buildings and Construction). Section 8 Waivers (a) The City Manager or his/her designee may consider a waiver filed by any food provider or person. (b) A request for a waiver shall be filed in writing with the City Manager or designee annually and shall include documentation of the reason for the claimed waiver and any other information necessary for the City to make its decision, including, but not limited to the factual support for the claimed waiver as follow: (c) Situations unique to the food provider where there are no reasonable alternatives to polystyrene disposable food ware. (d) Situations where no reasonably feasible available alternatives exist to a specific and necessary expanded polystyrene use. (e) Compliance with this Chula Vista Municipal Code Section would cause Undue Hardship to that Food Provider (f e) The City Manager or designee’s written decision on the waiver application is effective within 30 days of the decision and is not appealable. (g f) The City Council may by resolution establish a fee for waiver applications. The application fee shall be an amount sufficient to cover the costs of processing the waiver application. (h i) An event sponsor or lessee demonstrates that strict application of the specific requirement would create an undue hardship, or practical difficulty, not generally applicable to other persons in similar circumstances, and good cause is shown. (i j) A person seeking a waiver must submit the request in writing. The City Manager or designee may require the applicant to submit additional information or documentation to decide regarding the waiver requested. The City Manager or designee shall review requests for waivers on a case- by-case basis and may grant the waiver in whole or in part, with or without conditions, for a period of up to twelve (12) months. An applicant for renewal of a waiver must apply for a new waiver period no later than sixty (60) days prior to the expiration of the then-current period to preserve a 8 continuous waiver status. The City Manager or designee shall review each application anew and base his or her determination on the most current information available. (j k) Waiver determinations are effective immediately, final, and not appealable. City Council may by resolution establish a fee for waiver determinations in an amount sufficient to cover the costs to administer the application. Section 9 Compliance The City may inspect and monitor affected locations to determine compliance with this Chula Vista Municipal Code Section. Section 10 Severability If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are hereby declared to be severable. Section 11 Implementation. This Chula Vista Municipal Code section shall take effect on April 22, 2023 after adoption by Chula Vista City Council, the City Clerk of the City of Chula Vista shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933. Section 12 Enforcement (a) It shall be unlawful for any person or entity to fail to comply with this section of the Chula Vista Municipal Code. (b) Each violation of this Code or other ordinance of the City shall constitute a separate offense. (c) The City may also seek to enforce violations of this Chula Vista Municipal Code Section through the City’s civil penalty procedure pursuant to Chula Vista Municipal Code Section 1.41.100. et seq. of this Code. (d) Upon a first violation of any provision of this section of the Chula Vista Municipal Code, the City shall issue a written Notice of Violation to the offending establishment, person, or entity. The notice of violation shall specify the violation(s), a date by which the violation(s) must be ceased and abated. If, after the specified correction period, the violation is not ceased or abated, the City may issue a civil penalty assessing fines in accordance with Chula Vista Municipal Code Section 1.41.100. The remedies and penalties provided in this Chula Vista Municipal Code Section are cumulative and not exclusive and nothing in this section shall preclude the City from pursuing any other legal remedies available. The City Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this section and any regulations or administrative procedures developed pursuant hereto. Chula Vista 2024 Climate Action Plan Update Workshops The City’s 2017 Climate Action Plan (CAP) has made Chula Vista greener and more sustainable, but it is time for the CAP to be updated and we want to hear from you! There are multiple ways to learn and provide feedback. Choose the workshop that works best for you. South Branch Library Workshops - 389 Orange Avenue Thursday, June 6 from 5:30 - 7:00 p.m. Saturday, June 8 from 1:00 - 3:00 p.m. The Hub at Otay Ranch Library - 2015 Birch Road Suite 407 Tuesday, June 18 from 4:30 to 6:30 p.m. Saturday, June 22 from 1:00 to 3:00 p.m. Civic Library Workshops - 365 F Street Thursday, July 11 from 4:30 to 6:30 p.m. Saturday, July 13 from 11:00 a.m. to 1:00 p.m. Find more information and additional online resources at www.chulavistaca.gov/cap Feedback will be used for the full CAP update that will be presented to City Council later this year. • CAP Update Summary • CAP Survey • Recorded Webinar May, 14th 2024 5:00 PM Joan B. Kroc School of Peace Studies 5998 Alcala Park, San Diego, CA 92110 Chris Marquis Cambridge University Professor and Author Click or scan to learn more and register: B Local SD and USD Present the Global Launch of The Profiteers: How Business Privatizes Profits and Socializes Cost With community partners: