20220802 Late CorrespondenceTO:
FROM:
DATE:
SUBJECT:
CITYOF RANCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
AUGUST 2, 2022
ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting.
Item No.
G
1
3
Description of Material
Email exchange between City Manager Mihranian and April Sandell
Email from Mickey Rodich
Clarifications to Update for Attachment A (Draft Ordinance)
** PLEASE NOTE: Materials attached after the color page(s) were submitted
through Monday, August 1, 2022.**
Respectfully submitted,
~~
L:ILATE CORRESPONDENCE\202212022 Coversheets\20220802 additions revisions to agenda .docx
From:
Sent:
To:
Teresa Takaoka
Tuesday, August 2, 2022 2:52 PM
CityClerk
Subject: FW: Item "G" /Consent Calendar Aug. 2, 2022
From: April Sandell <hvybags@cox.net>
Sent: Tuesday, August 2, 2022 2:50 PM
To: Ara Mihranian <AraM@rpvca.gov>
Cc: CC <CC@rpvca.gov>
Subject: Re: Item "G" /Consent Calendar Aug. 2, 2022
Hi Ara,
I do have some knowledge about housing mandates and zoning changes and overlays. I just don't believe any existing
property owner in a single family neighborhood should be allowed to build ADU's for non-family members. Period.
I realize the City is doing it's finest to work to find the best solution to meet the needs of the State. However, more
could have been done to protect the collective property owners in the process. It is unfortunate some people
knowingly take advantage of a opportunity with out regard for the negative consequences imposed on their neighbors
and neighborhood. Further, it seems the State should have made clear that the City cannot approve ADU's unless the
builder fully understands that they will be subject to significant fines should they mis-use the ADU. The streamline
approach is not in the best interest of property owners at large.
Thanks for your help. April
On Aug 2, 2022, at 1:01 PM, Ara Mihranian <AraM@rpvca.gov> wrote:
Hi April,
The City is in receipt of your request and it will be provided to the City Council for its
consideration this evening.
To add some context to Agenda Item No. G, as you may or may not know, many of the
recent laws related to ADUs have been mandated by the State because of a "statewide
crisis on affordable housing." However, the statewide requirement stops short of
requiring ADUs (or other housing mandates) with relaxed zoning requirements to
actually be used for affordable housing. In fact, there are no requirements mandating
that an ADU actually be used as a housing unit.
One of the unintended consequences is that some people seek approvals for ADUs
,under the now required streamlined approach and don't even use the units for housing,
nonetheless affordable housing. At the City, we have seen some of these units used for
1
gyms or pool-houses. And they were approved with relaxed development standards
based on the understanding the unit would be used for housing.
This agenda item is intended to bring this concern to the attention of our legislators in
an effort to address this unintended consequence. This could be addressed by requiring
deed restrictions or covenants requiring ADUs to be used for housing and that
occupants meet state low income eligibility thresholds -just some options.
I hope this helps.
Ara
Ara Michael Mihranian
City Manager
CITYOF
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
310-544-5202 (telephone)
310-544-5293 (fax)
aram@rpvca.gov
www.rpvca.gov
~ Do you really need to print this e-mail?
RANCHC
This e·rnail message contains information belonging to the City of Rancho Palos Verdes, which rnay be privileged, confidential and/or
protected from disclosure. The information is intended only for use of the individual 01· entity named. Unauthorized dissemination,
distribution, or-copying is str·ictly prohibited. If you received this email i11 errn1·, or-are not an intended recipient, please notify the scndc1·
immediately. Thank you for your assistance and cooperation.
2
Conned with the City from your phon.-or tobl.-t!
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'ilt1r.
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From: April Sandell <hvybags@cox.net>
Sent: Tuesday, August 2, 2022 10:05 AM
To: CityClerk <CityClerk@rpvca.gov>
Cc: CC <CC@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>
Subject: Item "G" /Consent Calendar Aug. 2, 2022
To the City Clerk,
I am request item G be pulled from the consent calendar in order to allow open discussion among the
council members providing the public with greater understanding of the city's desire to support rent
control/ordinance over ADU's and the consequences imposed on those that choose to add assessory
units for profit.
Receiving the Notice of the Aug. 2 meeting on the same day of the meeting did not allow a fair amount
of time for the public review of the item.
Thank you for your time and attention.
Regards,
April L. Sandell
28026 Pontevedra Dr.
RPV, 90275
310 548 3961
3
From:
Sent:
To:
Subject:
Late corr
Teresa Takaoka
Monday, August 1, 2022 9:05 PM
CityClerk
Re: City Council Meeting 08/02/22 -Item #1 Reserve Parking on Forrestal Dr.
From: Mickey Radich <mickeyrodich@gmail.com>
Sent: Monday, August 1, 2022 7:10 PM
To: CC <CC@rpvca.gov>
Subject: City Council Meeting 08/02/22 -Item #1 Reserve Parking on Forrestal Dr.
On page 4 of the staff report, there is no indication of the number of
cars parked on lower Forrestal Dr., South of the gate during weekdays.
The report only says that the lower section of Forrestal Dr. is not filled to
capacity on the majority of weekdays, when Reserve parking is not
available north of the gate.
They also state "Parking on Forrestal Dr. appears to be adequate to
meet WEEKEND visitor levels". I assume they mean on South Forrestal
Dr.
A lot of the chart numbers are confusing. Counting the cars crossing
the street traffic counter during a 7 AM -1 PM or 1 PM -8 PM period is
inaccurate. The total number of cars parked at any moment of the day is
what's important. You may have 100 cars during that period, but there
may only be 25 cars parked at any moment, which is a totally different
parking requirement.
I pass the South Forrestal Dr. parking area 3 to 4 times a day and on
weekdays I have never seen more than 11 cars at the same moment. If I
interpret the staff numbers above the gate correctly, there is adequate
parking on Forrestal South, below the gate, to accommodate all weekend
hikers as well. Therefore there is no need to have any Reserve parking
above the gate for any day of the week.
1 I
From:
Sent:
To:
Subject:
Attachments:
Teresa Takaoka
Tuesday, August 2, 2022 8:44 AM
CityClerk
FW: Late Corr -Reg Bus Item 3 -Foodware Accessory Ordinance
Late Corr -RPV -Amendment to Ordinance regulating use of single-use food
accessories_final GW.docx
From: Gerri Whitten <gwhitten@rpvca.gov>
Sent: Tuesday, August 2, 2022 8:43 AM
To: CC <CC@rpvca.gov>
Cc: Ara Mihranian <AraM@rpvca.gov>; Ken Rukavina <krukavina@rpvca.gov>
Subject: Late Corr -Reg Bus Item 3 -Foodware Accessory Ordinance
Good morning, Honorable Mayor and Council Members,
The City Clerk forwarded the attached late correspondence to you yesterday; however, I'm writing to provide
clarification why the revision to the proposed Foodware Accessory Ordinance.
AB 1276 stipulates less restrictive penalty fees on businesses that violate the proposed ordinance than those stated in
RPVMC 1.08 (Penalties). To enforce the state-stipulated penalty fees without having to amend Chapter 1.16
(Administrative Penalties), the City Attorney added additional language to sections 8.22.060 (Enforcement and Penalty)
A and Bas noted in the attachment.
Sincerely,
Gerri Whitten, CCEO
Cert. Code Enforcement Officer
~ ~~
CODE ENFORCEMENT
{310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
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2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA,
ADDING CHAPTER 8.22 (SINGLE-USE FOODWARE
ACCESSORIES) TO TITLE 8 (HEAL TH AND
SAFET~ OF THE RANCHO PALOS VERDES
MUNICIPAL CODE REGULATING THE USE OF
SINGLE-USE FOODWARE ACCESSORIES
WHEREAS, the California State Legislature has recognized that littered plastic
products have caused and continue to cause significant environmental harm and have
burdened local governments with significant environmental cleanup costs as provided in
California Public Resources Code section 42355; and
WHEREAS, on October 5, 2021, Governor Newsom signed into law California
State Assembly Bill (AB) No. 1276 which expands on existing law prohibiting restaurants
from providing single-use plastic straws unless requested by a consumer, prohibiting food
facilities from providing single-use foodware accessories, such as utensils, chopsticks,
napkins, straws, stirrers, splash and cocktail sticks, and condiment cups and packets,
without a request from a consumer subject to identified exceptions; and
WHEREAS, single-use foodware accessories, such as utensils, chopsticks,
napkins, straws, stirrers, splash and cocktail sticks, and condiment cups and packets,
contribute greatly to the plastic pollution that enters the ocean, marine and other wildlife
harm, and greenhouse gas emissions, and are major contributors to street litter and the
solid waste stream, and therefore should only be made available only upon request in
compliance with AB 1276; and
WHEREAS, AB 1276 requires the City to authorize an enforcement agency to
enforce the requirements therein; and
WHEREAS, this ordinance expands on existing California law by prohibiting any
food facility from providing a consumer single-use food accessories and standard
condiments, as defined herein, absent their request; and
WHEREAS, the City Council finds that this ordinance limits the use of single-use
food accessories and standard condiments and will encourage both the reuse of materials
and reduction of pollutants and solid waste, and promote the City's goals to reduce waste
and conserve resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The forgoing recitals are true and correct and are incorporated herein
by this reference.
Section 2. Chapter 8.22 (Single-Use Foodware Accessories) of Title 8 (Health
and Safety) of the Rancho Palos Verdes Municipal Code is hereby added as follows:
"CHAPTER 8.22 -SINGLE-USE FOODWARE ACCESSORIES"
8.22.010 -Findings and Purpose.
A. The purpose of this chapter is to comply with AB 1276 and mandate that all
single-use foodware accessories and standard condiments be made available upon
request only.
B. Further, littered plastic products are a major contributor to street litter, solid
waste, ocean pollution, marine and other wildlife harm, and greenhouse gas emissions.
C. The production, consumption, and disposal of single-use foodware
accessories and standard condiments contributes significantly to the depletion of natural
resources. Plastics in waterways and oceans break down into smaller pieces that are not
biodegradable, and are present in most of the world's oceans.
D. Food service providers often provide single-use foodware accessories and
condiments to consumers who may not want or need them, particularly when consumers
purchase food or beverage for take-out or delivery to be consumed in their homes.
E. Limiting the distribution of unwanted single-use foodware accessories and
standard condiments by requiring food service providers to provide them only upon the
request of a consumer, and by requiring online food-ordering platforms to provide options
for consumers to select only those items they want, is a straightforward solution to reduce
waste consisting of unused single-use foodware accessories, and will also result in cost
savings to businesses.
8.22.020 -Definitions.
For purposes of this chapter, the following terms shall have the following meanings
unless the context clearly indicates otherwise:
"City" means the City of Rancho Palos Verdes.
"Standard condiment" means relishes, spices, sauces, confections, or seasonings
that require no additional preparation and that are usually used on a food item after
preparation, including, but not limited to, ketchup, mustard, mayonnaise, barbecue sauce,
dressings, sauerkraut, salsa, soy sauce, wasabi, ginger, hot sauce, grated cheese, syrup,
jam, jelly, butter, salt, sugar, sugar substitutes, cream, creamer, pepper, or chile pepper.
"Standard condiment" does not include an ingredient or component that is an integral part
of the menu item, but a food or beverage provider packages separately when preparing
the item for a consumer.
"Consumer" shall mean a person or customer who is a member of the public, takes
possession of food, is not functioning in the capacity of an operator of a food facility, and
does not offer the food for resale.
"Food service provider" means any person or establishment that provides or sells
prepared food or beverages on or off its premises within the City including, but not limited
to restaurants, bars, coffee shops, fast food restaurants, cafeterias, food carts, grocery
stores, supermarkets, convenience stores, snack bars, food trucks, juice bars, farmers
markets, and temporary food or beverage providers such as those participating in fairs or
events.
"Online food-ordering platform" means the digital technology provided on a website
or mobile application through which a consumer can place an order for pick-up or delivery
of prepared food or beverage. Online food-ordering platforms include such platforms
operated directly by food service providers; operated by third-parties that place take-out
orders with food service providers on behalf of consumers and then deliver the food; and
operated by third-parties that place orders with food service providers on behalf of
consumers without providing delivery service.
"Person" means any natural person, firm, corporation, partnership, limited liability
company, association, nonprofit, or other organization or group, however organized.
"Prepared food or beverage" means foods or beverages that are prepared and
served by the food service provider using any cooking or food or beverage preparation
technique and that are ready to consume, either on or off the food service provider's
premises, without further food or beverage preparation or repackaging. Prepared food or
beverage does not include raw or uncooked whole fruits or vegetables that are not
chopped, squeezed, or mixed, or otherwise altered through food preparation, or raw or
unprepared meat products.
"Request" means any reasonable affirmation of the consumer's intent to procure a
single-use foodware accessory and/or standard condiment and is not limited to a verbal
request.
"Self-serve dispenser or station" means any type of dispenser, container, counter,
shelf, or other location that is accessible to consumers of a food service provider at which
consumers can independently access single-use foodware accessories and standard
condiments.
"Single-use," in referring to a foodware accessory item, means that the item has
been designed and constructed for one-time, one-person use, after which the item is
meant to be discarded.
"Single-use foodware accessory" means a single-use foodware item that is
provided alongside or with prepared food or beverage, including utensils, which are
defined as forks, knives, spoons and sparks, chopsticks, condiment cups and packets,
straws, stirrers, splash sticks and cocktail sticks. "Single-use foodware accessory" does
not include plates, cups, bowls, containers, wrappers, bags, or other single-use foodware
that is used for holding or containing prepared food or beverages while they are being
delivered, transported, or consumed.
"Single-use plastic stirrer" means any device, which is intended for one-time use
to mix beverages, and that is predominantly made of plastic derived from petroleum or a
biologically based polymer. "Single-use plastic stirrer" includes compostable and
biodegradable petroleum or biologically-based polymer stirrers, but does not include
stirrers that are made from non-plastic materials, such as paper, sugar cane, bamboo,
etc.
"Single-use plastic straw" means any tube, which is intended for one-time use for
transferring a beverage from its container to the mouth of the drinker, and that is
predominantly made of plastic derived from petroleum or a biologically based polymer.
"Single-use plastic straw" includes compostable and biodegradable petroleum or
biologically-based polymer straws, but does not include straws that are made from non-
plastic materials, such as paper, sugar cane, bamboo, etc.
8.22.030 -Single-Use Foodware Accessories To Be Provided Only Upon Request
by Consumer.
A. No food service provider may automatically provide single-use foodware
accessories to any consumers with their order of prepared food. Food service providers
may provide single-use foodware accessories to consumers with their order of prepared
food or beverage only if the consumer requests that they be provided such accessories.
B. Nothing in this chapter prohibits a food service provider that is providing
prepared food or beverage from asking consumers if they would like to be provided any
single-use foodware accessories that the food service provider makes available for
consumers. This chapter does not prohibit a food service provider from making available
to consumers single-use foodware accessories from a self-serve dispenser or station,
with the exception of single-use plastic straws and single-use plastic stirrers. Nothing in
this chapter prohibits a food service provider from providing to consumers single-use
foodware accessories that are included as part of a product that is pre-packaged by a
manufacturer, such as a juice box or pre-packaged salad.
C. A food service provider may ask a drive-through consumer if the consumer
wants a single-use foodware accessory if the single-use foodware accessory is necessary
for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport
ready-to-eat food.
D. Single-use foodware accessories and standard condiments packaged for
single use provided by food service providers for use by consumers shall not be bundled
or packaged in a manner that prohibits a consumer from taking only the type of single-
use foodware accessory or standard condiment desired without also having to take a
different type of single-use foodware accessory or standard condiment.
E. Notwithstanding any other provision in this chapter, food service providers
may include single-use cup lids, spill plugs, hot beverage sleeves and beverage trays,
without a consumers request, for safety reasons, including to avoid spillage.
8.22.040 -Exemption.
A. This chapter shall not apply to refillable self-service dispensers. A food
facility may therefore make standard condiments and single-use foodware accessories
available for consumers to obtain as needed. A food facility is encouraged to use bulk
dispensers for the condiments rather than condiments packaged for single-use.
B. This chapter shall not apply the following institutions or facilities:
1. Correctional institutions, which has the same meaning as California
Penal Code Section 7502.
2. Health facilities licensed pursuant to California Health and Safety
Code Section 1250, et seq. or facilities that are owned or operated by a health care
service plan licensed pursuant to California Health and Safety Code Section 1340, et
seq., except food service providers that are located within health facilities that provide
prepared food or beverage to employees or the general public, such as cafeterias and
snack bars, are not exempt from the requirements of this chapter.
3. Residential care facilities licensed pursuant to California Health and
Safety Code Section 1200, et seq.
4. Public and private school cafeteria, as referenced in Health and
Safety Code Section 113789(b)(1 ).
8.22.050 -Availability of Single-Use Foodware Accessories Through Online Food-
Ordering Platforms.
A. Online food-ordering platforms must include an option during the ordering
process to allow the consumer to affirmatively request single-use food accessories as
part of the customer's delivery or takeout order. The on line-food ordering platforms must
provide food service providers with the opportunity to specify which single-use foodware
accessories, if any, the food service providers choose for consumers to be offered on
their menus appearing on the food-ordering platforms, so that consumers may specify
which single-use foodware accessories, if any, they choose to have included with their
orders.
B. If a consumer does not select any single-use foodware accessories or
standard condiments, no single-use foodware accessory or standard condiment shall be
provided by the food facility for delivery of ready-to-eat food.
8.22.060 -Enforcement and Penalty.
A. Violations of this chapter may be punished pursuant to Chapters 1.08
(General Penalty) or 1.16 (Administrative Penalties) of this Code, except for assessment
of the fine amount which shall be as provided in subsection B of this section, in addition
to any legal, injunctive, or other equitable relief as determined by the City Attorney.
B. For penalties pursuant to Chapter 1.08 (General Penalties), the As required
by California Public Resources Code Section 42272(b), t+he first and second violations
of this chapter shall result in a notice of violation, and any subsequent violation shall
constitute an infraction punishable by a fine of twenty -five dollars ($25) for each day in
violation, but not to exceed three hundred dollars ($300) annually .
C. The remedies and penalties provided in this Chapter are in addition to any
other legal or equitable remedies and are not intended to be exclusive.
Section 3. The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) because: (1) it does not
constitute a "project" under CEQA Guidelines Section 15378(b)(2) in that it constitutes
general policy and procedure making; (2) it does not constitute a "project" under CEQA
Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change
to the environment, either directly or indirectly, and (3) in the alternative, it is exempt from
CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result
in direct or reasonably foreseeable indirect physical change in the environment, and
Section 15061 (b)(3), since it can be seen with certainty that there is no possibility that this
Ordinance will have a significant effect on the environment since the Ordinance seeks to
reduce the use of single-use foodware accessories.
Section 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections , subsections , subdivisions , paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph , sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 5. Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Section 6. This Ordinance shall take effect 30 days after its adoption.
PASSED, APPROVED and ADOPTED this 2nd day of August, 2022.
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No._ was introduced by the City Council of said City at a regular
meeting thereof held on August 2, 2022, and that the same was passed and adopted by
the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Teresa Takaoka, City Clerk
TO:
FROM:
DATE:
SUBJECT:
CITYOF RANCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
AUGUST 1, 2022
ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and/or amendments to the agenda material received
through Monday afternoon for the Tuesday, August 2, 2022 City Council meeting:
Item No.
1
3
Description of Material
Emails from Herb Stark
Update to Attachment A (Draft Ordinance)
Respectfully submitted,
~~
Teresa Takaoka
L:ILATE CORRESPONDENCE\202212022 Coversheets\20220802 additions revisions to agenda thru Monday.docx
From:
Sent:
To:
Subject:
Attachments:
Herb Stark <pt17stearman@gmail.com>
Monday, August 1, 2022 7:39 AM
CityClerk; CC
City Council Meeting 08/02/2022 Agenda: Regular Business item 1
Forrestal Parking Log.pdf
Once again Recreation and Parks has shaped the data to fit their narrative. Although the parking
behind the gate is working as far as parking is concerned, what staff is not telling you about are the
unattended consequences of the increased trash, dog poop and people parking in the red zones after
hours.
During the week when the gate is opened for an AYSO event, and not monitored, unauthorized cars
are parking at the trailheads. Although staff reports that they have not observed cars parking in the
restricted residential areas, there have been numerous cars parked illegally with calls to law
enforcement. Calls have also been made to the rangers of illegally parked cars behind the gate.
Attached is a log of some of the events that have occurred as a result of the open parking.
Going forward any management plan must include the following:
1. Anytime the Forrestal gate is open the gate must be monitored
2. The restricted Ladera Linda parking residential area and the Forrestal gate areas patrolled 6 am to
1 0am and 6 pm to 9 pm with any violations cited.
3. Strict enforcement of the rules with any violations cited.
Without enforcement you have another Del Cerro disaster in the making.
Herb Stark
Rancho Palos Verdes
1 I.
Forrestal Parking Log
July 8, 2022, observations from this trial period.
1. There have been random cars parked from time to time along Forrestal. I generally
see them early in the morning-before 7am. They also seem to leave before 8. I guess
they just don't want to walk from lower Forrestal. They are already there before I notice
them so I don't know how long they have been there or if they are maybe one of our LL
neighbors parking close. We have a few LL regulars who park on Pirate and Searaven
to walk their dogs in the trails. Occasionally, I have seen a couple of cars parked by
Amanda's house around 6 pm. I have observed people walking back to their cars and
leaving. I didn't see them arrive so I didn't get a chance to call the LASO. Overall there
has not been a big issue with the illegal parking so far.
2. What I have noticed more of is cars parking in the red just below the Forrestal Gate.
They don't stay long. Just as I have been ready to call the LASO they return to their
cars and leave. Most just sit in their cars. A couple got out and took short walks with
their dogs.
3. With regards to the gate operations, I have noticed the occasional cars exiting
through the entrance side of the gate. But the gate is opened consistently by 7 and staff
appears to be on site most (or all) of the day.
4. Crowds seem to peak between 8-2pm. I see a big drop off by 4pm and only a
handful of cars are up there after 6pm. So my recommendation will be to close the
entrance side of the gate earlier in the day. They don't need to keep staff on site and
keep the gate open until 8:30pm for 5 cars. Waste of money. If they close the entry
side earlier each day, then they won't have any issues with cars being up there after
closing.
5. I have observed an increase in the number of motorbikes driving up beyond the
locked gate. Of course, the first time I called about motorcycles in upper Forrestal, it
was a weekday and the gate was closed. No staff was on site. The motorcycle riders
rode up onto the sidewalk to get past the gate. I called the Ranger hotline and spoke to
a woman who answered the phone. She asked a lot of questions like she didn't know
the exact area I was describing. She then informed me that she was the answering
service for the Ranger hotline. It was 11 :30 in the morning so I asked why the calls
were going to the after hours service. She told me that the Rangers were at lunch. So I
guess they all go to lunch at the same time, which is ridiculous. And pretty useless
calling into the Ranger Hotline so that you can report something only to have the
switchboard operator take a message. And my call was not included in the stats they
presented at the subsequent preserve forum. When I pointed it out to them at the
preserve meeting they said it would be included in future reports.
6. I also recommended to staff that they red stripe the curb just beyond the Forrestal
gate for safety issues. Cars that park just beyond the gate, open their car doors and
stand in the street next to their cars and it makes it tougher for cars entering and exiting
through the gate. So far no action taken on that.
7. I do see more cars drive to the gate in the mornings and evenings checking to see if it
is open before making a u-turn and heading down to park on lower Forrestal. But that is
much better than having the gate open all the time. I don't want council to think we are
creating a safety issue by forcing these cars to make u-turns below the gate because it
is not open daily. So I have been silent on this.
8. I have repeatedly asked for the data from the traffic counters. I still have not seen
anything. The car counts that staff includes in the weekly admin report are based on
nhc::,::::,n,ationc:: from c::taff \A/hi::>n thi::>\/ ari::> nn siti::> ~I"\ nnt ,-..nt"1rP.I" ar.'"'' 1r<>tP. J• ,c-+ like +he\/ __ v_, w '-1 I IV 11 11 y1, Ii WW 11",JJ I t.l 1'-J I l,..i l,.JI I .,_ Ill-~-"'-,H,I I l.,q ~I l _,. J _,.,_,.'-I C4.l ...::~. 1dVl IIJ • L I J
used to report the number of park visitors at LL. That was based on the observations of
the part time staff. Before the August meeting, I will try again to get the car count data
from Dan.
Of course, the reason this arrangement is working now is because staff is very
conspicuously parked below the gate all day on the weekends. If staff is not on site
when the gate is open, we will have huge problems. That is my fear when the park
opens next year. Will they open the gate during the week? I suppose they will if they
start having a lot of activities at the park and all the spaces are occupied by preserve
visitors. That is when I think we will also see more illegal parking in the neighborhood.
So while the illegal neighborhood parking may not be a big issue right now, we certainly
are seeing other issues, like more dog poop and trash along upper Forrestal as well as
increases in motorized bikes. Kind of misleading for staff to only report on "parking
related" issues on Forrestal. They should be reporting on the increase in trash and dog
poop too.
Jessica Vlaco
Saturday 4/28/2022
Here's what I observed from my bedroom window regarding the parking over the weekend:
Saturday, 4/2-8-8:45am: parking area full, it looked like there was an attendant at the Forrestal
gate area; many cars turning around. The occupants of one parked car took their dogs and
walked into our neighborhood, so apparently not hikers. At least 2 cyclists rode up the trail
behind the homes on Pirate, where I thought bikes were not allowed. I left for the day at 8:50am.
Sunday, 4/3-7:30am, Forrestal gates open, no attendant visible; 2 cars parked. Sam-parking lot
filling up-no attendant visible. I left and returned at 12:30pm-lots of cars coming up Forrestal,
some leaving the parking area (several exiting in the uphill lane), no attendant visible. There
were a few people playing basketball at the park, as well as running around on the lower field;
also a couple of men standing at the top of the stairs from Seaview.
Monday, 4/4-9;45am, the park gate was unlocked and open.
Pat Stenehjem
Friday April 1, 2022
Car parked on Pirate no permit.
Amada Wong
Saturday April 2, 2022
Time 8:30 am, one car parked illegally on Pirate. Just as I got there the owners came back from
a hike. Talked to the people and told them they were illegally parked. They couldn't care less
and drove off. There were 46 cars parked behind the gate with still open spaces. One
Recreation and Park staff at the gate. Staff was not available to assure that no one would be
parking in the restricted areas on Pirate or Searaven nor to patrol the parking area. Fortunately
there were no A YSO games at the time.
Herb Stark
Sunday April 3, 2022
At 9: 10 am No Recreation and Parks staff at the entrance gate. Very few cars parked behind the
gate.A City vehicle was parked in the back near the opened chain. No one in the vehicle.
9:40 am
Eighteen cars park behind the gate. No Recreation and Parks staff at the entrance gate. The
Chain was down. AYSO had a game going on the lower field. A Park Ranger was at the chain
talking to, I assume city staff.
Herb Stark
Tuesday April 5, 2022
Tuesday at 9:45 am the Forrestal gate and chain were open.
Herb Stark
Gate closed but left unlocked. Chain hanging over the post @ 10:03 am on Tuesday April 5
William Schurmer
Tuesday April 19, 2022
This morning construction workers started arriving at 6:30 am. So far I have seen 6 cars arrive,
open the construction gate and then drive into the park. I thought they were not supposed to
arrive until 7 am.
Jessica Vlaco
Thursday April 21, 2022
I observed 3 cars park on Pirate and then the occupants got out and
headed up Forrestal to hike . I already called the rangers earlier to
report dirt bikes heading into the preserve.
Jessica Vlaco
Saturday April 30th, Trash and dog poop on the trails and Forrestal
Monday May 2nd, Contractor's Banner painted with "Trees Matter", Forrestal chain barrier
pulled from post.
Friday May 6th
Trash and dog poop on the trails. Weeds need to be cut along the weekend parking area. One
of the major concerns of residents is trash and with the increase in traffic, it will make the
problem worse .
There seems to be three types of dog people, those that follow the rules, and those that
disregard any rules and the third that picks up after their dog but leaves the bag on the side of
the trail.
Is it time to prohibit dogs on the trails? Where is Parks and Recreation? Shouldn't they be
responsible for controlling these problems? Who is responsible for picking up trash and the dog
poop?
Herb Stark
Friday May 6th
Hello-My wife encountered a group of trespassing hikers at the Forrestal gate tonight who had
dismantled the lock on the gate because their car had been locked inside. They had tools out
and told her they were trying to repair whatever damage they had done. They also stated they
had tried calling the number on the sign and no one answered the phone . They drove off by the
time she called to tell me, otherwise I would 've called the sheriff.
Was A YSO using the fields today? I didn't think parking behind the gate was supposed to be
open to Reserve users on Fridays .
If so , what is the agreement with A YSO for controlling access to the gate and what is their
organization's responsibility when drivers are locked in by their organizers and/or damage the
gate? Perhaps they need to staff the gate entrance if they are going to be using the fields when
the gate is not normally open .
This is the second time we have seen drivers locked in behind the gate since the park was
closed.
Elliot Levy
Monday May 9th
Weekend trash in the parking area behind the gate. One of the major concerns of the residents
is trash on Forrestal from the Forrestal Reserve hikers . Who is responsible for cleaning up the
trash? Recreation and Parks' lack of enforcement encourages turning the area into a dog
outhouse and trash dump.
Herb Stark
Tuesday May 10th
The city needs to change the name of the Forrestal Trail to the Poop and Trash Trail.
It is obvious that Recreation and Parks is either totally insensitive to the problem or is incapable
of addressing the issue .
What is the city council going to do? Summer is approaching and we can expect more visitors ,
trash and poop.
Herb Stark
May 19 & 20 Trash And Poop Trail (Forrestal Trail)
What is the City's plan to control the trash and poop? Recreation and Parks created the
problem which is going to get worse as we go into the summer season.
Herb Stark
May 22 Contractor's Gate
The contraclor appears to have left the lower construction gate (field gate) unsecured for the
weekend. The chain is unlocked and the fence is open. This seems like a large liability for the
City considering the amount of heavy equipment and debris on the site.
The Site Superintendent's phone number is also missing from the sign at the other gate. I'm
guessing that was power washed off when they removed the graffiti. I called the Ranger hotline
to report this instead and they said they would check it out.
Ell iot Levy
June 2nd on the Trash And Poop (TAP) Trail
This is a weekday with very few people on the trails yet trash and poop lin e the trail.
Recreation and Parks keeps expanding services but the residents have to put up with the trash.
When is the city counci l going to rein in Recreation and Parks?
Herb Stark
June 17th on the Trash And Poop (TAP) Trail
It looks like a week of trash and poop on the TAP trail. How lon g will the city council allow this
to go on?????
Herb Stark
June 25 Ladera Linda Security
One of the concerns of the residents of the Ladera Linda area is security.
Today at around 11 am, Sunday, there were two people playing paddle tennis on the
courts of Ladera Linda.
Not only is this a construction zone but also liability issue.
Obvious ly they had climbed over the fence.
Herb Stark
July 2, 2022 TAP Trail (Trash and Poop Trail, Formally the Forrestal Trail)
The TAP Trail is living up to its name. In addition I encountered a dog off the leash whose
owner could care less.
I would also like to point out that there is also trash on Forrestal below the no parking areas
below the gate.
Herb Stark
July 4th Forrestal and Mainsail
At the August 2nd City Council Meeting Staff is going to present the update on the parking
behind the Forrestal Gate.
At that time they need to address the trash and poop issue along F orrestal and Mainsail.
The pictures below, taken today , do not show the trash that has blown onto private property.
Herb Stark
July 5th Quarry Trail
Dog poop and trash are not limited to Forrestal.
As Recreation and Parks advertises the trails, more people will come and with them will
be the trash and poop.
Providing additional parking will only make the problem worse. Another Del Cerro in the
making.
The other day there was a couple with three dogs , one was not on a leash. When it
was pointed out they could care less and went on up the trail.
So far Recreation and Parks', of which most do not live in the area, only solution is to
put up signs.
They do not have to live with the trash and poop .
Herb Stark
July 8, 2022 Poop on the TAP trail ·
The Trash and Poop Trail (TAP) has become the outhouse for dogs.
Herb Stark
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July 8th Parking on Searaven
Of course today when I came home from work two hikers were returning to their car
which was parked in front of my house . I parked and then told them that this
neighborhood was permit only parking. I told them that they were lucky they had not
received an expensive ticket and that they could park down below on Forrestal without
any worry. The female sa id ok and continued wiping the dirt from her shoes . The male
got into the car and sat and waited for her to finish cleaning off. In other words they just
brushed me off.
Jessica Vlaco
July 11 th , 9 AM Forrestal Gate
Forrestal Gate opened for an AYSO event. No one is monitoring the gate.
One illegal car parked inside the gate by the Pirate Trailhead.
Herb Stark
July 15th Illegal Parking 9-10 am
The Forrestal Gate was opened for an A YSO event. No one was monitoring the gate.
Three cars and a truck were parked on Forrestal by the Fossil Trailhead.
One car was parked on Pirate at the intersection of Forrestal and Pirate in the restricted
parking area.
Herb Stark
July 24, 2022 Pirate Trail 9:30 AM
A woman with two large dogs off the leash . Dog Poop in a bag left on the side of the
trail.
Herb Stark
July 31, 2022-7:25 PM Cars Parked in Red Zone
I just called to report cars parked in the red zone just below the Forrestal gate. Not sure
where staff is.
Jessica Vlaco
From:
Sent:
To:
Subject:
Herb Stark < pt17stearman@gmail.com>
Monday, August 1, 2022 11 :32 AM
CityClerk; CC
City Council meeting 08/02/2022 Regular Business Item 1 Forrestal Parking
Did staff cherry pick the data to fit their narrative?
I hike the Forrestal Reserve trails between 8:30 and 11 :30 am.
My observation is that the cars parked behind the Forrestal gate on Sundays are about half of the
number of cars on Saturday, yet staff show about equal numbers of cars on both days in most
cases. What is more, the bulk of the cars are gone by noon.
I also question the response time for the sheriff. I remember one time where I called in for a car
parked on Pirate in the restricted area as I started my hike and when I returned an hour later the car
was still there with no indication that a deputy had cited the car.
A second time that I called in and was told that all the deputies were on call and could not respond at
the time.
Frequently residents have called in about cars parked in the red by the Forrestal gate at night and are
gone before the deputies arrive.
Herb Stark
Rancho Palos Verdes
1 I.
From:
Sent:
To:
Cc:
Subject:
Attachments:
Late Corr
Teresa Takaoka
Monday, August 1, 2022 4:42 PM
CityClerk
Gerri Whitten
FW: Late Corr -Reg Bus Item 3 -Foodware Accessory Ordinance
Late Corr -RPV -Amendment to Ordinance regulating use of single-use food
accessories_final GW.docx
From: Gerri Whitten <gwhitten@rpvca.gov>
Sent: Monday, August 1, 2022 4:41 PM
To: Ken Rukavina <krukavina@rpvca.gov>
Cc: Teresa Takaoka <TeriT@rpvca.gov>
Subject: FW: Late Corr -Reg Bus Item 3 -Foodware Accessory Ordinance
Good afternoon,
I have added the bold legal text below to the ordinance to provide clarity for the state penalty fines.
Gigi
From: Gina K. Chung <gchung@awattorneys.com>
Sent: Monday, August 1, 2022 4:34 PM
To: Gerri Whitten <gwhitten@rpvca.gov>
Cc: Robyn K Moore Hubbard <rmoore@awattorneys.com>; Elena Gerli <egerli@awattorneys.com>
Subject: RE: Late Corr -Reg Bus Item 3 -Foodware Accessory Ordinance
Hi Gerri,
So the City can only enforce the state penalties as written in the ordinance. I think we can resolve this by changing the
ordinance language under 8.22.060A to add the bolded language below:
A. Violations of this chapter may be punished pursuant 1.16 (Administrative Penalties) of this Code,
except for assessment of the fine amount which shall be as provided in subsection B of this
section, in addition to any legal, injunctive, or other equitable relief as determined by the City Attorney.
B. As required by California Public Resources Code Section 42272(b), the first and second violations
of this chapter shall result in a notice of violation, and any subsequent violation shall constitute an
infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed
three hundred dollars ($300) annually.
From: Gerri Whitten <gwhitten@rpvca.gov>
Sent: Monday, August 1, 2022 12:29 PM
To: Gina K. Chung <gchung@awattorneys.com>
Cc: Robyn K Moore Hubbard <rmoore@awattorneys.com>
Subject: FW: Late Corr -Reg Bus Item 3 -Foodware Accessory Ordinance
1 8
••• EXTERNAL SENDER ••
Good afternoon, Gina and Robyn,
Under section 8.22.060 -Enforcement and Penalty, punishable pursuant to 1.16 (Administrative Penalties). Will the City
be more restrictive in following the current penalty fees listed in Tier 1 of Chapter 1.16 or will the City enforce the less
restrictive States penalty fees of $25 for each day in violation? Unless we reference the state code in the Municipal Code
I believe the City's penalties apply. Is that correct?
Gerri
From: Ken Rukavina <krukavina@rpvca.gov>
Sent: Monday, August 1, 2022 10:24 AM
To: Gerri Whitten <gwhittenc@rpvca.gov>
Subject: FW: Late Corr -Reg Bus Item 3 -Foodware Accessory Ordinance
Hi Gigi,
I forgot to Cc you on this. Sorry about that.
Ken
Ken Rukavina, PE
Director of Community Development • ""I
City of Rancho Palos Verdes
DOWNLOAD
'hlir
From: Teresa Takaoka <TeriT@rpvca.gov>
Sent: Monday, August 1, 2022 9:56 AM
To: Ken Rukavina <krukavina@rpvca.gov>
Cc: CityClerk <CityClerk@rpvca.gov>
Subject: RE: Late Corr -Reg Bus Item 3 -Foodware Accessory Ordinance
Thank you! Nathan has added to LC.
I know you will use this version if approved, for the second reading.
Tx
t
2
From: Ken Rukavina <krukavina@rpvca.gov>
Sent: Monday, August 1, 2022 9:20 AM
To: Teresa Takaoka <TeriT@rpvca.gov>
Cc: CityClerk <CityClerk@rpvca.gov>
Subject: Late Corr -Reg Bus Item 3 -Foodware Accessory Ordinance
Hi Teri,
AB No. 1276, which requires agencies to adopt an ordinance regulating single-use foodware accessory, stipulates the
fines; therefore, reference to RPBMC 1.08 in the proposed ordinance Section 8.22.060 must be deleted per the
attached.
Please forward to City Council as late correspondence.
Thanks, Ken
Ken Rukavina, PE
Director of Community Development
l._Alf City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
kru kavi na@rpvca.gov www.rpvca.gov
DOWNLOAD
'ltt!r
3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA,
ADDING CHAPTER 8.22 (SINGLE-USE FOODWARE
ACCESSORIES) TO TITLE 8 (HEAL TH AND
SAFETY) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE REGULATING THE USE OF
SINGLE-USE FOODWARE ACCESSORIES
WHEREAS, the California State Legislature has recognized that littered plastic
products have caused and continue to cause significant environmental harm and have
burdened local governments with significant environmental cleanup costs as provided in
California Public Resources Code section 42355; and
WHEREAS, on October 5, 2021, Governor Newsom signed into law California
State Assembly Bill (AB) No. 1276 which expands on existing law prohibiting restaurants
from providing single-use plastic straws unless requested by a consumer, prohibiting food
facilities from providing single-use foodware accessories, such as utensils, chopsticks,
napkins, straws, stirrers, splash and cocktail sticks, and condiment cups and packets,
without a request from a consumer subject to identified exceptions; and
WHEREAS, single-use foodware accessories, such as utensils, chopsticks,
napkins, straws, stirrers, splash and cocktail sticks, and condiment cups and packets,
contribute greatly to the plastic pollution that enters the ocean, marine and other wildlife
harm, and greenhouse gas emissions, and are major contributors to street litter and the
solid waste stream, and therefore should only be made available only upon request in
compliance with AB 1276; and
WHEREAS, AB 1276 requires the City to authorize an enforcement agency to
enforce the requirements therein; and
WHEREAS, this ordinance expands on existing California law by prohibiting any
food facility from providing a consumer single-use food accessories and standard
condiments, as defined herein, absent their request; and
WHEREAS, the City Council finds that this ordinance limits the use of single-use
food accessories and standard condiments and will encourage both the reuse of materials
and reduction of pollutants and solid waste, and promote the City's goals to reduce waste
and conserve resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The forgoing recitals are true and correct and are incorporated herein
by this reference.
Section 2. Chapter 8.22 (Single-Use Foodware Accessories) of Title 8 (Health
and Safety) of the Rancho Palos Verdes Municipal Code is hereby added as follows:
"CHAPTER 8.22 -SINGLE-USE FOODWARE ACCESSORIES"
8.22.010 -Findings and Purpose.
A. The purpose of this chapter is to comply with AB 1276 and mandate that all
single-use foodware accessories and standard condiments be made available upon
request only.
B. Further, littered plastic products are a major contributor to strnP.t litter, solid
waste, ocean pollution, marine and other wildlife harm, and greenhouse gas emissions.
C. The production, consumption, and disposal of single-use foodware
accessories and standard condiments contributes significantly to the depletion of natural
resources. Plastics in waterways and oceans break down into smaller pieces that are not
biodegradable, and are present in most of the world's oceans.
D. Food service providers often provide single-use foodware accessories and
condiments to consumers who may not want or need them, particularly when consumers
purchase food or beverage for take-out or delivery to be consumed in their homes.
E. Limiting the distribution of unwanted single-use foodware accessories and
standard condiments by requiring food service providers to provide them only upon the
request of a consumer, and by requiring online food-ordering platforms to provide options
for consumers to select only those items they want, is a straightforward solution to reduce
waste consisting of unused single-use foodware accessories, and will also result in cost
savings to businesses.
8.22.020 -Definitions.
For purposes of this chapter, the following terms shall have the following meanings
unless the context clearly indicates otherwise:
"City" means the City of Rancho Palos Verdes.
"Standard condiment" means relishes, spices, sauces, confections, or seasonings
that require no additional preparation and that are usually used on a food item after
preparation, including, but not limited to, ketchup, mustard, mayonnaise, barbecue sauce,
dressings, sauerkraut, salsa, soy sauce, wasabi, ginger, hot sauce, grated cheese, syrup,
jam, jelly, butter, salt, sugar, sugar substitutes, cream, creamer, pepper, or chile pepper.
"Standard condiment" does not include an ingredient or component that is an integral part
of the menu item, but a food or beverage provider packages separately when preparing
the item for a consumer.
"Consumer" shall mean a person or customer who is a member of the public, takes
possession of food, is not functioning in the capacity of an operator of a food facility, and
does not offer the food for resale.
"Food service provider" means any person or establishment that provides or sells
prepared food or beverages on or off its premises within the City including, but not limited
to restaurants, bars, coffee shops, fast food restaurants, cafeterias, food carts, grocery
stores, supermarkets, convenience stores, snack bars, food trucks, juice bars, farmers
markets, and temporary food or beverage providers such as those participating in fairs or
events.
"Online food-ordering platform" means the digital technology provided on a website
or mobile application through which a consumer can place an order for pick-up or delivery
of prepared food or beverage. Online food-ordering platforms include such platforms
operated directly by food service providers; operated by third-parties that place take-out
orders with food service providers on behalf of consumers and then deliver the food; and
operated by third-parties that place orders with food service providers on behalf of
consumers without providing delivery service.
"Person" means any natural person, firm, corporation, partnership, limited liability
company, association, nonprofit, or other organization or group, however organized.
"Prepared food or beverage" means foods or beverages that are prepared and
served by the food service provider using any cooking or food or beverage preparation
technique and that are ready to consume, either on or off the food service provider's
premises, without further food or beverage preparation or repackaging. Prepared food or
beverage does not include raw or uncooked whole fruits or vegetables that are not
chopped, squeezed, or mixed, or otherwise altered through food preparation, or raw or
unprepared meat products.
"Request" means any reasonable affirmation of the consumer's intent to procure a
single-use foodware accessory and/or standard condiment and is not limited to a verbal
request.
"Self-serve dispenser or station" means any type of dispenser, container, counter,
shelf, or other location that is accessible to consumers of a food service provider at which
consumers can independently access single-use foodware accessories and standard
condiments.
"Single-use," in referring to a foodware accessory item, means that the item has
been designed and constructed for one-time, one-person use, after which the item is
meant to be discarded.
"Single-use foodware accessory" means a single-use foodware item that is
provided alongside or with prepared food or beverage, including utensils, which are
defined as forks, knives, spoons and sparks, chopsticks, condiment cups and packets,
straws, stirrers, splash sticks and cocktail sticks. "Single-use foodware accessory" does
not include plates, cups, bowls, containers, wrappers, bags, or other single-use foodware
that is used for holding or containing prepared food or beverages while they are being
delivered, transported, or consumed.
"Single-use plastic stirrer" means any device, which is intended for one-time use
to mix beverages, and that is predominantly made of plastic derived from petroleum or a
biologically based polymer. "Single-use plastic stirrer" includes compostable and
biodegradable petroleum or biologically-based polymer stirrers, but does not include
stirrers that are made from non-plastic materials, such as paper, sugar cane, bamboo,
f!tr.
"Single-use plastic straw" means any tube, which is intended for one-time use for
transferring a beverage from its container to the mouth of the drinker, and that is
predominantly made of plastic derived from petroleum or a biologically based polymer.
"Single-use plastic straw" includes compostable and biodegradable petroleum or
biologically-based polymer straws, but does not include straws that are made from non-
plastic materials, such as paper, sugar cane, bamboo, etc.
8.22.030 -Single-Use Foodware Accessories To Be Provided Only Upon Request
by Consumer.
A. No food service provider may automatically provide single-use foodware
accessories to any consumers with their order of prepared food. Food service providers
may provide single-use foodware accessories to consumers with their order of prepared
food or beverage only if the consumer requests that they be provided such accessories.
B. Nothing in this chapter prohibits a food service provider that is providing
prepared food or beverage from asking consumers if they would like to be provided any
single-use foodware accessories that the food service provider makes available for
consumers. This chapter does not prohibit a food service provider from making available
to consumers single-use foodware accessories from a self-serve dispenser or station,
with the exception of single-use plastic straws and single-use plastic stirrers. Nothing in
this chapter prohibits a food service provider from providing to consumers single-use
foodware accessories that are included as part of a product that is pre-packaged by a
manufacturer, such as a juice box or pre-packaged salad.
C. A food service provider may ask a drive-through consumer if the consumer
wants a single-use foodware accessory if the single-use foodware accessory is necessary
for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport
ready-to-eat food.
D. Single-use foodware accessories and standard condiments packaged for
single use provided by food service providers for use by consumers shall not be bundled
or packaged in a manner that prohibits a consumer from taking only the type of single-
use foodware accessory or standard condiment desired without also having to take a
different type of single-use foodware accessory or standard condiment.
E. Notwithstanding any other provision in this chapter, food service providers
may include single-use cup lids, spill plugs, hot beverage sleeves and beverage trays,
without a consumers request, for safety reasons, including to avoid spillage.
8.22.040 -Exemption.
A. This chapter shall not apply to refillable self-service dispensers. A food
facility may therefore make standard condiments and single-use foodware accessories
available for consumers to obtain as needed. A food facility is encouraged to use bulk
dispensers for the condiments rather than condiments packaged for single-use.
B. This chapter shall not apply the following institutions or facilities:
1. Correctional institutions, which has the same meaning as California
Penal Code Section 7502.
2. Health facilities licensed pursuant to California Health and Safety
Code Section 1250, et seq. or facilities that are owned or operated by a health care
service plan licensed pursuant to California Health and Safety Code Section 1340, et
seq., except food service providers that are located within health facilities that provide
prepared food or beverage to employees or the general public, such as cafeterias and
snack bars, are not exempt from the requirements of this chapter.
3. Residential care facilities licensed pursuant to California Health and
Safety Code Section 1200, et seq.
4. Public and private school cafeteria, as referenced in Health and
Safety Code Section 113789(b)(1 ).
8.22.050 -Availability of Single-Use Foodware Accessories Through Online Food-
Ordering Platforms.
A. Online food-ordering platforms must include an option during the ordering
process to allow the consumer to affirmatively request single-use food accessories as
part of the customer's delivery or takeout order. The online-food ordering platforms must
provide food service providers with the opportunity to specify which single-use foodware
accessories, if any, the food service providers choose for consumers to be offered on
their menus appearing on the food-ordering platforms, so that consumers may specify
which single-use foodware accessories, if any, they choose to have included with their
orders.
B. If a consumer does not select any single-use foodware accessories or
standard condiments, no single-use foodware accessory or standard condiment shall be
provided by the food facility for delivery of ready-to-eat food.
8.22.060 -Enforcement and Penalty.
A. Violations of this chapter may be punished pursuant to Chapters 1.08
(General Penalty) or 1.16 (Administrative Penalties) of this Code, except for assessment
of the fine amount which shall be as provided in subsection B of this section, in addition
to any legal, injunctive, or other equitable relief as determined by the City Attorney.
B . For penalties pursuant to Chapter 1.08 (General Penalties), the As required
by California Public Resources Code Section 42272(b), t+he first and second violations
of this chapter shall result in a notice of violation, and any subsequent violation shall
constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in
violation, but not to exceed three hundred dollars ($300) annually.
C. The remedies and penalties provided in this Chapter are in addition to any
other legal or equitable remedies and are not intended to be exclusive.
Section 3. The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) because: (1) it does not
constitute a "project" under CEQA Guidelines Section 15378(b)(2) in that it constitutes
general policy and procedure making; (2) it does not constitute a "project" under CEQA
Guidelines Section 15378(b )(5) in that it has no potential for resulting in physical change
to the environment, either directly or indirectly, and (3) in the alternative, it is exempt from
CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result
in direct or reasonably foreseeable indirect physical change in the environment, and
Section 15061 (b)(3), since it can be seen with certainty that there is no possibility that this
Ordinance will have a significant effect on the environment since the Ordinance seeks to
reduce the use of single-use foodware accessories.
Section 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance . The City Council declares that it would have adopted each section,
subsection, subdivision , paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences ,
clauses or phrases hereof be declared invalid or unenforceable.
Section 5. Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passag e,
in accordance with the provisions of Section 36933 of the Government Code . The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City .
Section 6. This Ordinance shall take effect 30 days after its adoption.
PASSED, APPROVED and ADOPTED this 2nd day of August, 2022.
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. _ was introduced by the City Council of said City at a regular
meeting thereof held on August 2, 2022, and that the same was passed and adopted by
the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Teresa Takaoka, City Clerk