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HomeMy WebLinkAbout00 - Non-Agenda Item - CorrespondenceReceived After Agenda Printed April 12, 2022 Non -Agenda Item From: City Clerk"s Office To: Mulvey, Jennifer; Rieff, Kim Subject: FW: Comment Letter to City Council Date: April 13, 2022 10:20:44 AM Attachments: Reaulation of Plastic and Expanded Polystyrene Pollution.pdf From: Hoiyin Ip <hoiyini@hotmail.com> Sent: Wednesday, April 13, 2022 10:20:32 AM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Cc: Chloe Seifert <chloe.seifert@coastal.ca.gov> Subject: Fw: Comment Letter to City Council [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Good morning, Madam Clerk! Coastal Commission said they sent a comment letter to council. Below is part of CCC's email. I don't see it posted in the council agenda packet. Can I assume you've not finished posting documents? Thank you for all you do! Hoiyin From: Seifert, Chloe@Coastal <chloe.seifert@coastal.ca.gov> Sent: Friday, April 8, 2022 3:16 PM To: Hoiyin Ip <hoiyini@hotmail.com> Cc: Rehm, Zach@Coastal <Zach.Rehm @coastal.ca.gov> Subject: RE: Comment Letter to City Council Hi Hoiyin, Today Commission staff sent the attached letter to the NB City Council requesting approval of plastic and Styrofoam restrictions. STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD, SUITE 300 LONG BEACH, CA 90802-4325 VOICE (562) 590-5071 FAX (562) 590-5084 Date: April 8, 2022 To: The Honorable Newport Beach City Council Re: Regulation of Plastic and Expanded Polystyrene (Styrofoam) Pollution The City of Newport Beach recently submitted a coastal development permit (CDP) application for installation of a trash interceptor directly upstream of Upper Newport Bay. In review of the project, Coastal Commission staff have found several examples of the City's efforts to collect trash from the marine environment and we commend the City on its commitment to protection of natural resources in Newport Beach. Consistent with that commitment, staff urge the City to expand efforts to halting trash production at major sources. In July 2021, the Newport Beach Water Quality and Coastal Tidelands Committee reviewed and recommended the City Council approve revisions to the Municipal Code to restrict the provision of balloons, plastic bags and expanded polystyrene (Styrofoam) products; bans on plastic foodware were deferred for further discussion. Yet none of these restrictions have been agendized for final approval by the City Council in the past year. During the Commission hearing held on April 6, 2022, the commissioners indicated that local and State governments cannot rely on voluntary plastic reduction from individual businesses as the primary method of addressing microplastic pervasiveness. Curtailing the provision of single -use foodware, accessories, bags, and balloons is more effective than attempting to collect these products from coastal waterways. Even if a large amount of plastic and Styrofoam waste is removed from the marine environment (a task that requires significant funding and time), this will not curb the emission of greenhouses gases as these materials degrade in inland landfills.' Sections 30230 and 30231 of the Coastal Act require the maintenance, enhancement, and restoration of biological productivity in coastal waters, in part by limiting waste introduction to the greatest extent feasible. Policy 4.3.2-1 of the certified Newport Beach Land Use Plan (LUP) requires promotion of "pollution prevention and elimination methods", while Policy 4.3.2-6 additionally requires the City to "implement and improve upon best management practices" for development and City operations. In recent actions, the Coastal Commission has identified hotels, bars, and restaurants as significant point - sources for plastic and Styrofoam waste and imposed permit conditions prohibiting any use of Styrofoam, plastic bags, and/or plastic foodware associated with the new development.2 The Commission has also required permittees to participate in a Marine Debris Reduction Program, such as the ReThink Disposable Program or Surfrider's Ocean Friendly Restaurants, and provide annual reports on participation. Additionally, the State legislature passed and the Governor signed AB 1276, which requires restaurants and food Ref. https://'ournals.plos.org/plosone/article?id=10.1371/mournal.pone.0200574 2 Examples include CDP 5-21-0139 (Ocean Avenue, LLC), CDP 5-20-0397 (SVBSM, LLC), CDP 5-21-0142 (Venice Ventures, LLC), CDP 5-21-0090 (RDR Properties, LLC), and CDP 5-20-0598 (McKinley). Page 1 of 2 Regulation of Plastic and Expanded Polystyrene (Styrofoam) Pollution delivery platforms to only provide single use accessories and condiments to customers upon request; the law requires enforcement by cities and counties by June 1, 2022. Other state bills regulating the use of foodware and plastics are pending, as well as a measure scheduled for the November 8, 2022 ballot. Commission staff recognize that some business owners oppose these restrictions and the additional cost of providing non-plastic/Styrofoam products to patrons. The Commission and the City have supported restaurant and bar owners during the COVID-19 pandemic by waiving permit requirements for extended outdoor dining in the public right of way (recently extended to 2024 by AB 61). Similarly, taking action to reduce plastic pollution at the source will benefit the City, the tourism industry, and local businesses. A 2014 study published by the National Oceanic and Atmospheric Administration revealed that trash pollution costs Orange County residents a considerable amount due to loss of tourism— the study found that a 25% reduction in marine beach debris would save Orange County residents $32 million over three months.3 Curtailing single -use waste will be economically beneficial to the Newport Beach community, in addition to being required by water quality policies of the Coastal Act and certified LUP. Most nearby coastal cities have adopted ordinances regulating single -use foodware, including Laguna Beach, Manhattan Beach, Long Beach, Redondo Beach, and Los Angeles. For these reasons, we urge the Newport Beach City Council to take immediate action to curtail plastic and Styrofoam waste production by: 1) adopting the restrictions on balloons, plastic bags, and Styrofoam products already reviewed and recommended by the Newport Beach Water Quality and Coastal Tidelands Committee, and 2) adopting restrictions prohibiting the provision of single -use foodware items (such as utensils, straws, and condiments) unless requested by the customer. The Permit Streamlining Act deadline for Commission action on the City's trash interceptor application is July 23, 2022 and the item must be scheduled for public hearing soon. Staff recommend that the City take action prior to the Commission hearing to ensure the City's commitment to a comprehensive, effective trash curtailment strategy. If the City wishes to continue this discussion, please contact chloe.seifert(a-)-coastal.ca.gov and Commission staff can schedule a meeting. Sincerely, Chloe Seifert Coastal Program Analyst I South Coast District CC: Duffy Duffield, Chair, Water Quality/Coastal Tidelands Committee Robert Stein, City Engineer, City of Newport Beach Karl Schwing, Deputy Director, California Coastal Commission 3 Ref. https:Hstacks.stanford.edu/file/druid:ks485yz2876/MarineDebrisEconomicStudy.pdf Page 2 of 2