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).
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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
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