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HomeMy WebLinkAbout2016-01-11 Ordinance 5371Ordinance No. 5371 Ordinance of the Council of the City of Palo Alto Amending Chapter 5.30 (“Expanded Polystyrene and Non‐Recyclable Food Service Containers”) to Title 5 (“Health and Sanitation”) of the Palo Alto Municipal Code The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and purpose. The Council finds and declares as follows: (a) The City of Palo Alto is charged with eliminating litter which passes through the storm drain system to no adverse impact by 2022 as part of the Municipal Regional Stormwater Permit. (b) The City is charged with achieving Zero Waste by 2021 and Plastic Foam is not reliably recyclable. (c) Palo Alto’s watersheds reside at the edge of the San Francisco Bay which is part of the Pacific flyway and which protects habitat for two endangered species–the California clapper rail and saltmarsh harvest mouse. (d) The City of Palo Alto desires to protect the natural environment, the health of its citizens, and the economy. This includes exercising environmental stewardship by reducing the amount of Plastic Foam litter released into the City’s watershed and beyond. (e) On February 11, 2009, the San Francisco Bay Regional Water Quality Control Board identified two Palo Alto creeks, San Francisquito Creek and Matadero Creek, as having water quality that is impaired by trash as defined by the Clean Water Act. The staff report recommending that the creeks be listed identifies polystyrene, a predominant source of Plastic Foam, as being one of the types of trash responsible for the impairment. (f) Plastic foam litter was the largest component by count of litter found in Adobe and Matadero Creeks during the 2014 National River and Coastal Clean‐up Day events. (g) Plastic foam litter constitutes six percent of the litter collected in storm drains in four Bay Area counties and 149 storm drain inlets based on a study performed by the Bay Area Stormwater Management Agencies Association. (h) Plastic foam litter presents unique management issues because it is lightweight, floats, resists biodegradation, and easily breaks into smaller pieces. Because it is not easily contained, it is often conveyed through storm drains to local creeks, the San Francisco Bay and the Pacific Ocean. These small pieces, similar in size to plankton, are ingested by marine wildlife, leading to reduced appetite and nutrient absorption and possible death by starvation. According to a United Nations Environment Global Program of Action study, at least 162 marine species including most seabirds are reported to have eaten plastics and other litter. 151110 jb 0131491 1 (SGY7MKR)RZIPSTI-())%*)*&%)(((% (i) Recycling Plastic Foam is problematic and not cost‐effective. Ongoing logistical and quality control challenges related to the minimal recycling market for Plastic Foam makes maintaining a recycling program for peanuts and blocks financial and operationally infeasible. All Plastic Foam materials must now be disposed of in a landfill. (j) The retail sale or distribution of Plastic Foam undermines the goals of the City of Palo Alto’s ordinance prohibiting the distribution of Plastic Foam foodware at Food Service Establishments and City‐sponsored events. (k)Both of the major chemicals used to produce Plastic Foam, benzene (a known human carcinogen) and styrene (a possible carcinogen and neurotoxin), are suspected by the EPA and FDA to leach from polystyrene food containers, posing a threat to the environment and human health. (l) Plastic Foam used at Food Service Establishments is a one‐time use product that degrades extremely slowly in nature. (m) There are many suitable reusable, compostable or recyclable alternatives to Plastic Foam foodware, ice chests and packaging materials. (n) The City of Palo Alto provides an organics collection and composting program to residents and Food Service Establishments which can accept paper and compostable foodware for municipal composting. (o) Non‐recyclable materials pose a challenge to any environmentally and fiscally responsible solid waste management program. Regulation of Plastic Foam is necessary to encourage a recyclable waste stream and to reduce the disposal of solid waste and the economic and environmental costs of waste management. (p) It is the intent of the Council to reduce the negative impacts of Plastic Foam and encourage the use of recyclable or compostable alternatives through the implementation of this Ordinance. SECTION 2. Chapter 5.30 (Expanded Polystyrene and Non‐Recyclable Food Service Containers) of the Palo Alto Municipal Code is hereby amended to read as follows: Chapter 5.30 EXPANDED POLYSTYRENEPLASTIC FOAM AND NON­RECYCLABLE FOOD SERVICE CONTAINERS AND PACKAGING ITEMS Sections: 5.30.010 Definitions 5.30.020 Prohibitions on the Use of Expanded PolystyrenePlastic Foam and Non‐ Recyclable Plastic 5.30.030 Exemptions 151110 jb 0131491 2 (SGY7MKR)RZIPSTI-())%*)*&%)(((% 5.30.040 Operative Dates 5.30.050 Severability 5.30.060 Enforcement and Penalties 5.30.070 Construction and Preemption 5.30.010 Definitions. (a) “ASTM Standard” means meeting the standards of the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for biodegradable and compostable plastics and any amendments or successor standards thereto. (a)(b)“City facilitiesFacilities” refers to any building, structure or vehicle owned or operated by the City of Palo Alto, its agents, departments and franchises.; (b)(c)“Disposable food service containerFood Service Container”means single‐use disposable product used by food vendorsFood Service Establishments for serving or transporting prepared and ready‐to‐consume food or beverages. This includes but is not limited to plates, cups, bowls, lids, trays and hinged or lidded containers. This does not include single‐use disposable straws, utensils, or hot cup lids.; (c) “Expanded Polystyrene” means a thermoplastic petrochemical material utilizing the styrene monomer, marked with recycling symbol #6, processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion‐blow molding (extruded foam polystyrene), sometimes incorrectly called Styrofoam®, a Dow Chemical Company trademarked form of polystyrene foam insulation. In food service, expanded polystyrene is generally used to make cups, bowls, plates, and trays. (c)(d)“Food vendorService Establishment” means any establishment, located or providing food within the City of Palo Alto, which provides prepared and ready‐ to‐ consume food or beverages, for public consumption including but not limited to any store,Retail Service Establishment, eating and drinking service (as defined in Title 18), takeout service (as defined in Title 18),supermarket, delicatessen, restaurant, retail food vendor, sales outlet, shop, cafeteria, catering truck or vehicle, cart or other sidewalk or other outdoor vendor,or caterer. which provides Prepared Food; (d)(e)“Non‐Recyclable Plastic” means all plastics that do not meet the definition of “Recyclable Plastic”. ; (f) “Plastic Foam” shall mean blown expanded and extruded plastic foams made from polystyrene or other resins which are processed by any number of techniques including, but not limited to, fusion of monomer spheres (expanded bead plastic), injection molding, foam molding and extrusion‐blown molding (extruded foam plastic). Expanded polystyrene and other plastic foam resins are generally used to 151110 jb 0131491 3 (SGY7MKR)RZIPSTI-())%*)*&%)(((% make disposable cups, bowls, plates, trays, egg cartons, clamshell containers, ice chests, shipping boxes and packing materials. (g) “Plastic Foam Products” shall mean disposable Plastic Foam ice chests, cups, bowls, plates, clamshells, shipping boxes containers, egg cartons, packaging peanuts, packing blocks or other packaging materials that are not wholly encapsulated or encased by a more durable material. Additional Plastic Foam Products may be added by administrative regulation promulgated by the Director of Public Works or his/her designee; (e)(h)“Prepared foodFood” means any food or beverage prepared for consumption using any cooking, packaging, or food preparation technique, including but not limited to cooking, chopping, slicing, mixing, freezing, squeezing, or brewing, and which requires no further preparation to be consumed. Prepared food includes uncooked fruits or vegetables and any,“take‐out” food, or food prepared to be consumed off the food vendor’sFood Service Establishment premises. Prepared foodFood does not include any uncooked meat, fish,orpoultry, or eggs.; (f)(i)“Recyclable Plastic” means all plastics that can be recycled, salvaged, composted, processed, or marketed by any means other than land‐filling or burning, whether as fuel or otherwise, so that they are returned to use by society. Recyclable plasticsPlastics” include any plastic which can be feasibly recycledaccepted for recycling or composting by the City’s municipal recycling program and presently is limited to those plastics with the following recycling symbols: #1 ‐ polyethylene terephthalate (PET or PETE), #2 ‐high density polyethylene (HDPE), #3 ‐polyvinyl chloride (PVC), #4 ‐ low density polyethylene (LDPE), #5 ‐polypropylene (PP), #6 – polystyrene, except for the expanded version of polystyrene, and #7 ‐other plastics, including compostable plastics such as polylactic acid (PLA) . For purposes of this Chapter, Recyclable Plastic does not include any expanded polystyrenePlastic Foam labeled with recycling symbol #6., or any other Plastic Foam made with other plastic resins; (g)(j)“Retail Service Establishment” shall have the same meaning as Retail Service as defined in Title 18 of this Code. 5.30.020 Prohibition on the Use of PolystyrenePlastic Foam Products and Non­Recyclable Plastic. (a) Except as provided by section 5.30.030 food vendors, Food Service Establishments are prohibited from providing prepared food in disposable food service containersDisposable Food Service Containers made from expanded polystyrene or non‐recyclable plastic. Plastic Foam or other Non‐Recyclable Plastic; (b) Except as provided by section 5.30.030, Retail Service Establishments are prohibited from selling, leasing or otherwise providing Plastic Foam Products; 151110 jb 0131491 4 (SGY7MKR)RZIPSTI-())%*)*&%)(((% (b)(c) Except as provided by section 5.30.030, all City facilities, City managed concessions, and vendors at City sponsored events, and or City permitted eventsowned facilities are prohibited from using disposable food service containers made from expanded polystyreneDisposable Food Service Containers, packaging or non‐recyclable plastic. other products made from Plastic Foam or Non‐Recyclable Plastic; (c)(d) Nothing in this Ordinance shall be interpreted to restrict the use or sale of any form of fiber or paper disposable food service container, or the use of any form of biodegradable or plastic food service container meeting ASTM Standards or other products authorized by Administrative Regulation. 5.30.030 Exemptions (a) The following exemptions shall apply: (ai) Foods prepared or packaged outside the City of Palo Alto are exempt from the provisions of this Chapter. Purveyors of food prepared or packaged outside the City of Palo Alto are encouraged to follow the provisions of this Chapter. (b) Coolers and ice chests that are intended for reuse are exempt from the provisions of this Chapter. (cii) The directorDirector of Public Works, or his/her designee, may exempt a food Food Service Establishment, Retail Service Establishment or City facility/vendor from the requirements of this Ordinance for a period of up to one year, upon showing by the food vendorif the applicant for such exemption can demonstrate that the conditions of this Ordinance would cause an undue hardship. An “undue hardship” includes, but is not limited to situations unique to the food vendorapplicant where there are no reasonable alternatives to expanded polystyrenePlastic Foam Products or nonNon‐recyclable plastic disposable food service containersPlastic Disposable Food Service Containers and compliance with this Ordinance would cause significant economic hardship to that food vendorapplicant, or cause the food vendorthem to be deprived of a legally protected right. (diii) A food A Food Service Establishment,Retail Service Establishment or City facility/vendor seeking an exemption application shall include all information necessary for the City to make its decision, including but not limited to documentation showing the factual support for the claimed exemption. The Director may require the applicant to provide additional information to permit the Director to determine facts regarding the exemption application. (eiv) Emergency Supplies and Service Procurement. City facilities, food vendorsFood Service Establishments, Retail Service Establishments,City franchises, contractors and vendors doing business with the City shall be 151110 jb 0131491 5 (SGY7MKR)RZIPSTI-())%*)*&%)(((% exempt from the provisions of this chapter, in a situation deemed by the City Manager to be an emergency for the immediate preservation of the public peace, health or safety. 5.30.040 Operative Dates. All food vendors Food Service Establishment, Retail Service Establishments and City facilities and vendors must comply with the requirements of this Ordinance by April 22, 2010March 1, 2016. 5.35.050 Severability. If any provision or clause of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions of this chapter, and clauses of this chapter are declared to be severable. 5.35.060 Enforcement and Penalties (a) The Director of Public Works or his/her designee shall have primary responsibility for enforcement of this chapter. The Director of Public Works or his or her designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, entering the premises of any Food Provider to verify compliance. (a)(b)Anyone violating or failing to comply with any of the requirements of this Chapter shall be guilty of an infraction as set forth in Chapter 1.08 of the Palo Alto Municipal Code. (b)(c)Anyone violating or failing to comply with any of the requirements of this Chapter shall be subject to an administrative penalty or administrative compliance order as set forth in Chapters 1.12 and 1.16 of the Palo Alto Municipal Code. (c)Each and every sale or other transfer of disposable food service containers made from expanded polystyrene or non‐recyclable plastic shall constitute a separate violation of this Ordinance. (d) The remedies and penalties provided in this Section are cumulative and not exclusive. 5.35.070 Construction and Preemption This Chapter and any of its provisions shall be null and void upon the adoption of any state or federal law or regulation imposing the same, or essentially the same limits on the use of prohibited products as set forth in the Chapter. This Chapter is intended to be a proper exercise of the City’s police power, to operate only upon its own officers, agents, employees and facilities and other persons acting within its 151110 jb 0131491 6 (SGY7MKR)RZIPSTI-())%*)*&%)(((% boundaries, and not to regulate inter‐city or interstate commerce. It shall be construed in accordance with that intent. SECTION 3. On April 27, 2009 the City Council adopted a Negative Declaration with respect to the City’s earlier prohibition against food establishments’ use of extended polystyrene products. The Council hereby finds that this ordinance’s extension to other foam products and further applicability to retail service establishments would not result in any additional impacts not already analyzed under the earlier Negative Declaration. The City has prepared an addendum to the Negative Declaration to clarify the extended scope. SECTION 4. This ordinance shall be effective on the thirty‐first day after the date of its adoption. INTRODUCED: December 7, 2015 PASSED: January 11, 2016 AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID, WOLBACH NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Senior Assistant City Attorney City Manager Director of Public Works 151110 jb 0131491 7 (SGY7MKR)RZIPSTI-())%*)*&%)(((% Courtesy Copy  151110 jb 0131491 1 Ordinance No. 5371 Ordinance of the Council of the City of Palo Alto Amending Chapter 5.30 Expanded Polystyrene and Non­Recyclable Food Service Containers to Municipal Code The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and purpose.  The Council finds and declares as follows: (a) The City of Palo Alto is charged with eliminating litter which passes through the storm drain system to no adverse impact by 2022 as part of the Municipal Regional Stormwater Permit. (b) The City is charged with achieving Zero Waste by 2021 and Plastic Foam is not reliably recyclable. (c)s reside at the edge of the San Francisco Bay which is part of the Pacific flyway and which protects habitat for two endangered species the California clapper rail and saltmarsh harvest mouse. (d) The City of Palo Alto desires to protect the natural environment, the health of its citizens, and the economy. This includes exercising environmental stewardship by reducing the amount of Plastic Foam litter released into watershed and beyond. (e) On February 11, 2009, the San Francisco Bay Regional Water Quality Control Board identified two Palo Alto creeks, San Francisquito Creek and Matadero Creek, as having water quality that is impaired by trash as defined by the Clean Water Act. The staff report recommending that the creeks be listed identifies polystyrene, a predominant source of Plastic Foam, as being one of the types of trash responsible for the impairment. (f) Plastic foam litter was the largest component by count of litter found in Adobe and Matadero Creeks during the 2014 National River and Coastal Clean­up Day events. (g) Plastic foam litter constitutes six percent of the litter collected in storm drains in four Bay Area counties and 149 storm drain inlets based on a study performed by the Bay Area Stormwater Management Agencies Association. (h) Plastic foam litter presents unique management issues because it is lightweight, floats, resists biodegradation, and easily breaks into smaller pieces. Because it is not easily contained, it is often conveyed through storm drains to local creeks, the San Francisco Bay and the Pacific Ocean. These small pieces, similar in size to plankton, are ingested by marine wildlife, leading to reduced appetite and nutrient absorption and possible death by starvation. According to a United Nations Environment Global Program of Action study, at least 162 marine species including most seabirds are reported to have eaten plastics and other litter. DocuSign Envelope ID: E7EAF482-77E9-4F68-B06A-E2481DD138DA Courtesy Copy  151110 jb 0131491 2 (i) Recycling Plastic Foam is problematic and not cost­effective. Ongoing logistical and quality control challenges related to the minimal recycling market for Plastic Foam makes maintaining a recycling program for peanuts and blocks financial and operationally infeasible. All Plastic Foam materials must now be disposed of in a landfill. (j) The retail sale or distribution of Plastic Foam undermines the goals of the City of e distribution of Plastic Foam foodware at Food Service Establishments and City­sponsored events. (k)Both of the major chemicals used to produce Plastic Foam, benzene (a known human carcinogen) and styrene (a possible carcinogen and neurotoxin), are suspected by the EPA and FDA to leach from polystyrene food containers, posing a threat to the environment and human health. (l) Plastic Foam used at Food Service Establishments is a one­time use product that degrades extremely slowly in nature. (m) There are many suitable reusable, compostable or recyclable alternatives to Plastic Foam foodware, ice chests and packaging materials. (n) The City of Palo Alto provides an organics collection and composting program to residents and Food Service Establishments which can accept paper and compostable foodware for municipal composting. (o) Non­recyclable materials pose a challenge to any environmentally and fiscally responsible solid waste management program. Regulation of Plastic Foam is necessary to encourage a recyclable waste stream and to reduce the disposal of solid waste and the economic and environmental costs of waste management. (p) It is the intent of the Council to reduce the negative impacts of Plastic Foam and encourage the use of recyclable or compostable alternatives through the implementation of this Ordinance. SECTION 2. Chapter 5.30 (Expanded Polystyrene and Non­Recyclable Food Service Containers) of the Palo Alto Municipal Code is hereby amended to read as follows: Chapter 5.30  PLASTIC FOAM AND NON­RECYCLABLE FOOD SERVICE CONTAINERS   AND PACKAGING ITEMS  Sections:  5.30.010 Definitions 5.30.020 Prohibitions on the Use of Plastic Foam and Non­Recyclable Plastic 5.30.030 Exemptions 5.30.040 Operative Dates DocuSign Envelope ID: E7EAF482-77E9-4F68-B06A-E2481DD138DA Courtesy Copy  151110 jb 0131491 3 5.30.050 Severability 5.30.060 Enforcement and Penalties 5.30.070 Construction 5.30.010 Definitions. (a) means meeting the standards of the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for biodegradable and compostable plastics and any amendments or successor standards thereto. (b)F refers to any building, structure or vehicle owned or operated by the City of Palo Alto, its agents, departments and franchises; (c)Food Service C means single­use disposable product used by Food Service Establishments for serving or transporting prepared and ready­to­ consume food or beverages. This includes but is not limited to plates, cups, bowls, lids, trays and hinged or lidded containers. This does not include single­use disposable straws, utensils, or hot cup lids; (d)means any establishment, located or providing food within the City of Palo Alto, which provides prepared and ready to consume food or beverages, for public consumption including but not limited to any Retail Service Establishment, eating and drinking service (as defined in Title 18), takeout service (as defined in Title 18), supermarket, delicatessen, restaurant, food vendor, sales outlet, shop, cafeteria, catering truck or vehicle, cart or other sidewalk or outdoor vendor or caterer which provides Prepared Food; (e)­ Recyclable Plastic; (f)plastic foams made from polystyrene or other resins which are processed by any number of techniques including, but not limited to, fusion of monomer spheres (expanded bead plastic), injection molding, foam molding and extrusion­blown molding (extruded foam plastic). Expanded polystyrene and other plastic foam resins are generally used to make disposable cups, bowls, plates, trays, egg cartons, clamshell containers, ice chests, shipping boxes and packing materials. (g)disposable Plastic Foam ice chests, cups, bowls, plates, clamshells, shipping boxes containers, egg cartons, packaging peanuts, packing blocks or other packaging materials that are not wholly encapsulated or encased by a more durable material. Additional Plastic Foam Products may be added by administrative regulation promulgated by the Director of Public Works or his/her designee; DocuSign Envelope ID: E7EAF482-77E9-4F68-B06A-E2481DD138DA Courtesy Copy  151110 jb 0131491 4 (h) cooking, packaging, or food preparation technique, including but not limited to cooking, chopping, slicing, mixing, freezing, squeezing, or brewing, and which requires no further preparation to be consumed. Prepared food includes uncooked ­ Service Establishment premises. Prepared Food does not include any uncooked meat, fish or poultry; (i) Recyclable Plastic does not include any expanded Plastic Foam labeled with recycling symbol #6, or any other Plastic Foam made with other plastic resins; (j)shall have the same meaning as Retail Service as defined in Title 18 of this Code. 5.30.020 Prohibition on the Use of Plastic Foam Products and Non­Recyclable Plastic.  (a) Except as provided by section 5.30.030, Food Service Establishments are prohibited from providing prepared food in Disposable Food Service Containers made from Plastic Foam or other Non­Recyclable Plastic; (b) Except as provided by section 5.30.030, Retail Service Establishments are prohibited from selling, leasing or otherwise providing Plastic Foam Products; (c) Except as provided by section 5.30.030, all City facilities and vendors at City sponsored events or City owned facilities are prohibited from using Disposable Food Service Containers, packaging or other products made from Plastic Foam or Non­ Recyclable Plastic; (d) Nothing in this Ordinance shall be interpreted to restrict the use or sale of any form of fiber or paper disposable food service container, or the use of any form of biodegradable or plastic food service container meeting ASTM Standards or other products authorized by Administrative Regulation. 5.30.030 Exemptions (a) The following exemptions shall apply: (i) Foods prepared or packaged outside the City of Palo Alto are exempt from the provisions of this Chapter. Purveyors of food prepared or packaged outside the City of Palo Alto are encouraged to follow the provisions of this Chapter. (ii) The Director of Public Works, or his/her designee, may exempt a Food Service Establishment, Retail Service Establishment or City facility/vendor DocuSign Envelope ID: E7EAF482-77E9-4F68-B06A-E2481DD138DA Courtesy Copy  151110 jb 0131491 5 from the requirements of this Ordinance for a period of up to one year, if the applicant for such exemption can demonstrate that the conditions of this is not limited to situations unique to the applicant where there are no reasonable alternatives to Plastic Foam Products or Non­recyclable Plastic Disposable Food Service Containers and compliance with this Ordinance would cause significant economic hardship to that applicant, or cause them to be deprived of a legally protected right. (iii) A Food Service Establishment, Retail Service Establishment or City facility/vendor seeking an exemption application shall include all information necessary for the City to make its decision, including but not limited to documentation showing the factual support for the claimed exemption. The Director may require the applicant to provide additional information to permit the Director to determine facts regarding the exemption application. (iv) Emergency Supplies and Service Procurement. City facilities, Food Service Establishments, Retail Service Establishments, City contractors and vendors doing business with the City shall be exempt from the provisions of this chapter, in a situation deemed by the City Manager to be an emergency for the immediate preservation of the public peace, health or safety. 5.30.040    Operative Dates.  All Food Service Establishment, Retail Service Establishments and City facilities and vendors must comply with the requirements of this Ordinance by March 1, 2016. 5.35.050     Severability.  If any provision or clause of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions of this chapter, and clauses of this chapter are declared to be severable. 5.35.060 Enforcement and Penalties  (a) The Director of Public Works or his/her designee shall have primary responsibility for enforcement of this chapter. The Director of Public Works or his or her designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, entering the premises of any Food Provider to verify compliance. (b) Anyone violating or failing to comply with any of the requirements of this Chapter shall be guilty of an infraction as set forth in Chapter 1.08 of the Palo Alto Municipal Code. DocuSign Envelope ID: E7EAF482-77E9-4F68-B06A-E2481DD138DA Courtesy Copy  151110 jb 0131491 6 (c) Anyone violating or failing to comply with any of the requirements of this Chapter shall be subject to an administrative penalty or administrative compliance order as set forth in Chapters 1.12 and 1.16 of the Palo Alto Municipal Code. (d) The remedies and penalties provided in this Section are cumulative and not exclusive. 5.35.070 Construction   operate only upon its own officers, agents, employees and facilities and other persons acting within its boundaries, and not to regulate inter­city or interstate commerce. It shall be construed in accordance with that intent. SECTION 3. On April 27, 2009 the City Council adopted a Negative Declaration with products and further applicability to retail service establishments would not result in any additional impacts not already analyzed under the earlier Negative Declaration. The City has prepared an addendum to the Negative Declaration to clarify the extended scope. // // // // // // // // // // // // DocuSign Envelope ID: E7EAF482-77E9-4F68-B06A-E2481DD138DA Courtesy Copy  151110 jb 0131491 7 SECTION 4. This ordinance shall be effective on the thirty­first day after the date of its adoption. INTRODUCED: December 7, 2015 PASSED: January 11, 2016 AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: _________________________________ _________________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: _________________________________ _________________________________ Senior Assistant City Attorney City Manager _________________________________ Director of Public Works DocuSign Envelope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