Loading...
HomeMy WebLinkAbout2024-07-08 SSC Agenda Packet Date:Monday, July 8, 2024 Time:5:00 p.m. Location:City Hall, Bldg. C, Conference Room B-111 276 Fourth Avenue, Chula Vista, CA 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.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. 4.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. 4.1 Keeping Chula Vista Safe, Clean and Well-Maintained, A Status Update on Measure P Presenter: Courtney Chase, Deputy City Manager 5.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. 5.1 Approval of Meeting Minutes of May 13, 2024 Recommended Action: Commission review and approve minutes 5.2 Chula Vista's Single-Use Plastics Ban Draft Approval of changes as requested during the May meeting Presenter: Manuel Medrano, Environmental Services Manager Recommended Action: Review and approve changes and recommend City Council approval City of Chula Vista Sustainability Commission July 8, 2024 Agenda Page 2 of 3 5.3 Policy Recommendation on the Use of Artificial Turf Appoint a Commissioner or Commissioners to draft a report with the Commission's recommendation and represent the Commission at a City Council meeting to present this matter Presenter: Commisisoner Sharkey Recommended Action: Discuss and vote to select commissioners for each role/s 5.4 Elect New Chair and Vice Chair for Fiscal Year 2024-2025 Recommended Action: Commission elect new chair and vice chair for fiscal year 2024 - 2025 OTHER BUSINESS 6.STAFF COMMENTS 7.CHAIR'S COMMENTS 8.COMMISSIONERS' COMMENTS 9.ADJOURNMENT to the regular meeting on August 12, 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 July 8, 2024 Agenda Page 3 of 3 Keeping Chula Vista Safe, Clean and Well -Maintained A Status Update on Measure P Presented by: Courtney Chase, Deputy City Manager Background on Measure P ½ Cent Sales Tax on Retail Sales Voter Approved on November 8, 2016 Collection Began April 1, 2017 10-Year Period, Set to Expire in 2027 Instituted the Citizens’ Oversight Committee Established the Infrastructure, Facilities and Equipment Expenditure Plan which established the most critical priority items for funding Key Highlights Evaluation of City Infrastructure Background on Measure P Approved Expenditure Plan Priorities Pave, maintain and repair residential streets and fix potholes Upgrade or replace aging police, fire and 911 emergency response facilities, vehicles and equipment Replace storm drains to prevent sinkholes Upgrade irrigation systems to conserve water and save energy Make essential repairs to older libraries, senior center and recreation centers Improve our Traffic Signal Systems 42%City Infrastructure Projects Replacement of the City network & upgrades to telecommunications has allowed for Smart City functionality which reduces traffic congestion and associated carbon emissions, enhances energy savings in City buildings, provides advanced citizen engagement through the capabilities of virtual City Hall, and enables enhanced security at City parks and other locations. City Network Upgrade Over 300 residential street segments were in failing condition and required major rehabilitation and repairs at costs significantly more than typical preventative maintenance. Measure P funding allowed for major asphalt replacement and rehabilitation on these streets placing them into a sustainable cycle of preventative maintenance for years to come. Residential Street Rehab & Repair Measure P has funded a multitude of much- needed upgrades and repairs at Chula Vista's largest park, covering nearly 60 acres, including reconstruction of the basketball courts, bleachers, picnic benches, and drinking fountains; expansion of ADA access; and new restroom facilities. Rohr Park Renovation 42%City Infrastructure Projects Measure P funding has allowed for the rehabilitation of more than 160 Corrugated Metal Pipe (CMP) locations including storm drain repairs of over 19,000 linear feet outside the right of way. Drainage Funding from Measure P has been utilized to repair over 7,640 damaged sidewalk locations exhibiting moderate -to- small heave displacements including the replacement of 130 sidewalk panels throughout the city. Sidewalks Measure P funding has allowed for traffic signal modifications and upgrades to 11 existing signalized intersections. These upgrades improve visibility, provide for protected left turn movements, and replaced failing and outdated traffic signals at various locations citywide. Traffic Signals Public Safety Projects $30 million in Measure P funding has facilitated major rehabilitation of Fire Stations throughout the City-Including the design and construction of new Fire Stations 3 and 5 and reconstruction of Fire Station 1, improving emergency services and response times in the community. Fire Facilities and Equipment Funding from Measure P has secured a new $1.4 million PremierOne Computer Aided Dispatch (CAD) System, a critical component of the 911 emergency service framework, ensuring that the system remains stable and reliable with expanded technological capabilities directly impacting response times and officer safety. Police Dispatch Center 37% Public Facility Renovations The Loma Verde Community Center underwent a $22.5 million renovation and has a new multi-purpose gymnasium, dance rooms, crafts room, fitness room, game room, restrooms, two new pools and splash pad, shower/changing rooms, and classrooms. Loma Verde Community Center The Chula Vista Civic Center Library opened its doors in 1976, and thanks to Measure P, the City has been able to address significant infrastructure repairs including replacing the roof, restroom renovations for ADA access, and electrical/HVAC upgrades. All with the focus of increasing access to services and materials for the public. Civic Center Library 21% Community Facilities Parks, Fields & Courts Energy & Water Public Safety Storm Drains Streets Sidewalks Measure P Financials 22% Current Expenditure Allocation 37%42% City Infrastructure Projects Public Safety Public Facility Renovations $165.5M 10Y Expected (2016) $244.8M 10Y Projected Actual v. Projected Revenues Sales Tax Revenues were originally estimated to generate $16 million per year Updated 2023 revenue estimates are projected to generate >$25 million per year The Infrastructure, Facilities and Equipment Plan includes long -term financing of approximately $70.8 million from the issuance of bonds via Resolution 2017-089 on June 6, 2017, in order to expedite the most critically needed repairs or replacements of citywide infrastructure. City has paid down the bond debt principal by 49% ($34.7 million) as of FY22-23 Measure P Citizens’ Oversight Committee Meeting:4th Thursday Quarterly (Jan, Apr, Jul, Oct) The committee is comprised of nine members consisting of five At-Large members, with at least one from each Council district, and four Designated members selected from candidates brought forward by select nominating authorities. The main function of the Measure P Citizens’ Oversight Committee (COC) is to review and report on City compliance with the provisions of Measure P, particularly with respect to the City’s accounting and expenditure of Measure P revenues. David Garcias (Term Exp. 2025) Chair: Measure P Citizens’ Oversight Committee Meeting:4th Thursday Quarterly (Jan, Apr, Jul, Oct) The main function of the Measure P Citizens’ Oversight Committee (COC) is to review and report on City compliance with the provisions of Measure P, particularly with respect to the City’s accounting and expenditure of Measure P revenues. Specific duties include: Review and comment on each year’s Finance Department Report, Measure P Spending Plan, and Auditor Report. Prepare an annual report regarding the Finance Department Report for presentation to the City Council at a Public Meeting Work with City staff to identify and apply ‘best practices’ for tracking and reporting on Measure P revenues and expenditures relative to other City revenue and expenditures. Role & Function The committee is comprised of nine members appointed to four-year terms, consisting of five At-Large members, with at least one from each Council district, and four Designated members selected from candidates nominated by the following Nominating Authorities: Chula Vista Chamber of Commerce Alliance of Californians for Community Empowerment San Diego & Imperial Counties Labor Union San Diego Taxpayers Association Parks and Recreation Commission Sustainability Commission David Garcias (Term Exp. 2025) Chair: About Maintaining Local Funding without Raising Taxes Funding is set to expire, unless voters choose to renew it. To continue upgrading and maintain streets, underground storm drains and other local infrastructure the City is considering a November 2024 ballot measure to renew this source of funding for an additional 10 years at the current rate, without raising taxes. Continued Funding Could be Used To: Fix potholes and pave and maintain local streets Clean up trash and litter along streets sidewalks and in other public areas Keep existing parks and recreations facilities safe, clean, and well-maintained Repair infrastructure including sidewalks, curbs and storm drains Make improvements to roads and intersections to better manage traffic congestion on City streets Repair or replace aging underground stormwater pipes that are at risk of collapse and creating sinkholes Address homeless encampments and increase cleanup efforts Fiscal Accountability and Local Control Required public disclosure of all spending Essential purchases such as groceries, prescription medicine, diapers, and feminine hygiene products would continue to be exempt from sales tax All funds must stay local in Chula Vista and no funds can be taken away by the State Renewal of local funding at current rates, with no increase to local sales tax Any local funding measure would include fiscal accountability requirements, including: Ballot Measure Planning Voter Survey Election Timing Tax Rate Political Landscape Non-Advocacy Communication Existing comms Informational mailers / digital ads Internal and external audiences Seek feedback Refine proposal Community readiness? Ballot Resolution/ Ordinance 75 words Projects & Programs Ballot Argument & Signers Official Vote (>88 days before Election) Volunteer leaders Fundraising Website/Social Endorsements Grassroots Lawn Signs Mailers Digital Ads Get Out the Vote © 2023 We are Here Nov 2024 election: Council Action Summer 2024 "By successfully leveraging and investing our Measure P revenue to fund our priority infrastructure needs, the City has delivered on their promise to maintain a stronger, safer Chula Vista and improving the quality of life for our residents and visitors. " -DAVID GARCIAS CHAIR, MEASURE P CITIZENS OVERSIGHT COMMITTEE Delivering on the Promise... QUESTIONS 1 REGULAR MEETING OF THE SUSTAINABILITY COMMISSION Meeting Minutes May 13, 2024, 5:00 p.m. City Hall, Bldg. C, Conference Room B-111 276 Fourth Avenue, Chula Vista Present: Raymundo Alatorre, Commissioner Guevara-Gluyas, John Knox, Chair Korgan, Hayley Salazar, Jeanine Sharkey Also Present: Abigail Costello, Environmental Sustainability Manager Wisniewski, Environmental Services Manager Medrano, Secretary Rodriguez Others Present Cory Downs, Conservation Specialist _____________________________________________________________________ 1.CALL TO ORDER A regular meeting of the Sustainability Commission of the City of Chula Vista was called to order at 5:11 p.m. in Conference Room B-111 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 Motion to approve consent calendar DR A F T 2 Yes (5): Raymundo Alatorre, Commissioner Guevara-Gluyas, John Knox, Chair Korgan, and Hayley Salazar Abstain (1): Jeanine Sharkey Result:Carried (5 to 0) 3.1 Approval of Meeting Minutes of March 11, 2024 Commission review and approve minutes 3.2 Written Communications Commission approve absence 4.PUBLIC COMMENTS One e-comment was received from resident Johnson regarding residents having the ability to submit comments up to the time an item is heard 5.PRESENTATIONS 5.1 CAP Update Conservation Specialist Downs shared an update on the Climate Action Plan (CAP). The city has adopted four previous CAP documents to help reduce greenhouse gas (GHG) emissions and adapt to climate change impacts. Downs shared that all CAP documents are not planning documents and not CEQA certified. 5.2 Sustainability Champion Award Winners Environmental Sustainability Manager Wisniewski shared the results of the 2024 Sustainability Champion Awards. She briefly went over each category and the recipients' efforts to be sustainable. 5.3 Environmental Concerns of the Use of Artificial Turf in Chula Vista Commissioner Sharkey shared a presentation on artificial turf. She went over how artificial turf negatively affects the city. She explained how artificial turf a heat generator contributes to storm water pollution and is a petroleum product potentially causing health risks to residents. Artificial turf is needs to be replaced every 10 - 15 years and it is not recyclable and will end up on the landfill. The commission requested an item on the agenda for next month to take action in regard to artificial turf. 6.ACTION ITEMS DR A F T 3 6.1 Chula Vista's Single-use Plastics Ban Draft Environmental Services Manager Medrano went over the updates made to the single-use plastics ban. The Surfrider Foundation reached out to the city and inquired about the progress of the ban and offered their assistance with drafting the ban. Medrano shared that the Surfrider Foundation provided their feedback based on consultation from legal counsel. One public comment submitted by resident Robert Johnson Moved by Chair Korgan Seconded by Hayley Salazar Motion to conditionally approve the single-use plastics ban draft on the condition of the inclusion of a definition of single-use plastics Yes (5): Commissioner Guevara-Gluyas, John Knox, Chair Korgan, Hayley Salazar, and Jeanine Sharkey Abstain (1): Raymundo Alatorre Result:Carried (5 to 0) OTHER BUSINESS 7.STAFF COMMENTS Environmental Services Manager Wisniewski shared that it is benchmarking reporting season for 2023 energy data and there will be an online event on Wednesday to help anyone having issues, concerns or questions regarding the reporting process. She next shared that her team applied for a federal grant that would allow more support for building owners. Wisniewski then shared information about the bike anywhere event taking place on Thursday, May 15. Environmental Services Manager Medrano suggested the commission start thinking of the upcoming election of a new chair and vice chair for fiscal year 2024 - 2025. 8.CHAIR'S COMMENTS Chair Korgan thanked staff for bringing forward the single-use draft and Commissioner Sharkey for presentation on artificial turf. 9.COMMISSIONERS' COMMENTS DR A F T 4 Commissioner Knox had a question regarding the energy benchmarking workshop. Commissioner Sharkey asked staff what the protocol for an absence of a meeting is and shared that she was in attendance of the April 24 Wildlife Advisory Group (WAG) meeting. 10.ADJOURNMENT The meeting was adjourned at 7:10 p.m. Minutes prepared by: Monica Rodriguez, Secretary _________________________ Monica Rodriguez, Secretary DR A F T 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 LITTER AT CITY-SANCTIONED EVENTS, CARRYOUT PLASTIC BAGS, BALLOONS FILLED WITH GAS LIGHTER THAN AIR AND LIMITING THE DISTRIBUTION OF DISPOSABLE FOOD WARE, DISPOSABLE FOOD WARE ACCESSORIES OR DISPOSABLE PLASTIC PRODUCTS. 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 Product” or “Disposables” means single-use, disposable products used for containing, 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 does not include accessory items used as part of or alongside prepared food. “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. “Disposable Plastic Product” means a polymer-based product or nondurable plastic-based product with a use lifespan of less than three years. “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, 3 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. “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; 4 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 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. Section 2 Distribution of disposable food ware accessories, and disposable food ware products. (a) Disposable food ware accessories and disposable food ware products 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 (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. Section 3 Sales and distribution of expanded or rigid polystyrene products, disposable plastic 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 any at disposable plastic products any location within the City of Chula Vista. (e) 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. (f) No person shall sell distribute or use balloons filled with gas lighter than air at any location within the City of Chula Vista. 5 (g) This Section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research projects. Section 4 Distribution of single-use carryout bags. 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. (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. (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. (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. (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. 6 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. (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. 7 (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) The City Manager or designee’s written decision on the waiver application is effective within 30 days of the decision and is not appealable. (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. (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. (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 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. (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. 8 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 M unicipal 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.