HomeMy WebLinkAbout11-07-2017 Item 08 Ordinance Adoptiong - Regulating the Sale & Distribution of Single-Use Plastic Bottles & Regulations for filling stations
Meeting Date: 11/7/2017
FROM: Greg Hermann, Acting Assistant City Manager
Prepared By: Marcus Carloni, Sustainability Coordinator
SUBJECT: ADOPTION OF AN ORDINANCE REGULATING THE SALE AND
DISTRIBUTION OF SINGLE-USE PLASTIC BOTTLES AND
ESTABLISHING REGULATIONS TO INCREASE AVAILABILITY OF
WATER BOTTLE FILLING STATIONS
RECOMMENDATION
Adopt Ordinance 1641 (2017 Series) (Attachment A) adding Chapter 8.07 to the San Luis
Obispo Municipal Code regulating single-use plastic beverage bottles on City property less than
21 ounces in size.
DISCUSSION
On October 24, 2017 the City Council voted 5:0 to introduce Ordinance 1641 to regulate the
sale/distribution of plastic beverage bottles, less than 21 ounces in size, on City property and at
events on City property (including city facilities/office, streets, sidewalks, and parks). The
ordinance also stipulates that in the event that containers greater than 21 ounces are utilized,
single-use containers (e.g. single use plastic cups) may not be used in the serving of beverages,
requiring the use of reusable containers instead. The Ordinance also includes a commitment to
increase the availability of water bottle filling stations in the City.
The Ordinance is now ready for adoption and the regulations will become effective on March 1,
2018. Substantial outreach to the community and in particular, groups that frequently rent City
facilities will be contacted to discuss these new standards and compliance options.
ALTERNATIVES
1. Continue the proposed ordinance. The City Council may continue action, if more
information is needed. Direction should be given to staff regarding additional information
needed to make a decision.
2. Reject the proposed ordinance. The City Council may reject the proposed ordinance
although public testimony and current research demonstrate that an ordinance is needed.
Attachments:
a - Ordinance 1641 (2017 Series)
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ORDINANCE NO. 1641 (2017 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADDING CHAPTER 8.07 TO THE SAN LUIS
OBISPO MUNICIPAL CODE REGULATING SINGLE-USE PLASTIC
BEVERAGE BOTTLES ON CITY PROPERTY LESS THAN 21 OUNCES
IN SIZE
WHEREAS, the City of San Luis Obispo (“City”) has the police power to protect the
health, safety and welfare of the community, including the ability to protect and enhance the
natural environment; and
WHEREAS, the City’s General Plan Conservation and Open Space Element has numerous
policies and goals related to efficient use of materials and recycling in the City including COS E
Policy 5.5.3 which indicates that the city will coordinate local waste-reduction and recycling
efforts in the community; and
WHEREAS, the City’s General Plan Conservation and Open Space Element has policies
and goals related to the City employing best practices in City facilities and operations including
COSE Policy 5.4.2 which indicates that the City will set a community example for waste diversion
and material recycling in City facilities, services and operating systems and require similar in
contracts and procurement for public goods and services and capital improvements; and
WHEREAS, the City’s Climate Action Plan Solid Waste Chapter has an ultimate goal of
reducing the amount of waste that ends up in the landfill which can reduce solid waste-related
greenhouse gas emissions associated with transport and organic decomposition of materials; and
WHEREAS, for the year 2016 the Department of Resources Recycling and Recovery
(CalRecycle) indicates that 11.3 billion plastic bottles (PETE #1) were sold in California with 8.6
billion of those plastic bottles being recycled; the remaining 2.7 billion plastic bottles end up in
landfills or as litter; and
WHEREAS, CalRecycle estimates, using per capita rates, that within the City of San Luis
Obispo approximately 13,306,000 PETE plastic bottles were purchased in fiscal year 2015-16 with
5,404,000 of those bottles being recycled (41% recycling rate); indicating that a large number of
PETE plastic bottles purchased within the City end up as litter or in the landfill.
WHEREAS, the Ocean Conservancy reports that plastic beverage bottles (1,578,834
bottles) and plastic bottle caps (1,578,834 plastic bottle caps) were the number two and number
three most collected items at the 2016 International Coastal Cleanup which spans 112 countries;
and
WHEREAS, the City is situated entirely within the 84 square mile San Luis Obispo Creek
Watershed. The City’s watershed and creek system are important natural resources as exemplified
in various policies of the City’s General Plan. As part of the City’s natural resource program, the
City performs regular creek clean-ups. During these clean-ups, the City finds and discards a
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significant amount of plastic bottles and bottle caps. These products ultimately flow to the Pacific
Ocean contributing to concerns related to water quality and habitat protection both within the creek
system as well as the marine environment; and
WHEREAS, plastic beverage bottles take as long as 700 years to decompose in a landfill
and, while advances in water bottles have reduced packaging and weight of bottle containers that
ultimately reach waste facilities, alternatives to plastic bottles, such as reusable bottles produce an
insignificant amount of waste in comparison; and
WHEREAS, regulating the use of plastic beverage bottles will help to minimize waste
associated with plastic bottle usage and help to maximize the operating life of landfills; and
WHEREAS, regulating the use of plastic beverage bottles within the City will help protect
the City’s natural environment from contamination and degradation; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a study session
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January 3,
2017, and directed staff to develop regulations to restrict the sale/distribution of plastic beverage
bottles on City property and increase the availability of water bottle filling stations in the City; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October
24, 2017 for the purpose of considering said regulations as an addition to Chapter 8.07 of the
Municipal Code; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein by
this reference as the findings of the City Council.
SECTION 2. Environmental Determination. The proposed Ordinance is exempt from the
environmental review requirements of the California Environmental Quality Act (CEQA) pursuant
to Section 15061(b)(3) of Title 14 of the California Code of Regulations because it can be seen
with certainty that there is no possibility that the activity in question may have a significant effect
on the environment. Further, the proposed Ordinance is exempt from CEQA on the separate and
independent ground that it is an action of a regulatory agency (the City) for the protection of the
environment because, among other things, it will regulate the sale and distribution of bottled
beverages and reduce the amount of said products that enter local landfill and waterways . Thus,
this Ordinance is categorically exempt from the requirements of CEQA under Section 15308 of
Title 14 of the California Code of Regulations as an action by a regulatory agency for the protection
of the environment.
SECTION 3. Action. Chapter 8.07, establishing regulations to restrict the sale/distribution
of plastic beverage bottles on City property and increase the availability of water bottle filling
stations in the city, is hereby added to the San Luis Obispo Municipal Code as follows:
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Chapter 8.07 – PLASTIC BOTTLED BEVERAGES AND WATER BOTTLE FILLING
STATIONS
8.07.010 - Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined
in this section unless the context clearly requires otherwise:
A. “Bottled Beverage” means drinking water, sparkling water, enhanced water, soda, sport drinks,
juice, or other similar product in a Rigid Plastic Bottle having a capacity of 21 fluid ounces or less,
and intended primarily as a single service container.
B. “City Property” means real property, including buildings thereon, owned or leased by the City
of San Luis Obispo (“City”), and in the City’s possession or in the possession of any entity under
contract with the City. This includes but is not limited to City offices and facilities, plazas, parks,
and public right-of-way (sidewalks and streets).
C. “City Street” means the public right-of-way (e.g. streets, sidewalks, public alleys)
D. “Event” means any activity which requires a permit pursuant to Chapter 5.80 or Section
12.20.050.C of this code with three hundred or more persons in attendance or any event which
requires a permit pursuant to Chapter 5.80 or Section 12.20.050.C which is located at Mission
Plaza or the Jack House.
E. “Participant Athletic Event” means an event in which a group of people collectively walk, jog,
run, bicycle or otherwise participate in a sport or similar activity on City Property.
F. “Rigid Plastic Bottle” means any formed or molded container made of predominantly plastic
resin, having a relatively inflexible fixed shape or form, and intended primarily as a single service
container.
8.07.020 – Sale/Distribution of Single-Use Plastic Bottled Beverages (under 21 Ounces) on
City Property Restricted
A. On or after March 1, 2018, no person may sell or distribute bottled beverages at an event held
indoors or outdoors on City Property.
B. In the event that containers greater than 21 ounces in size are utilized, single-use containers
(e.g. single-use plastic cups) may not be used in the serving of beverages. The use of reusable
containers is required.
8.07.030 – New Leases, Permits, and Agreements
On or after March 1, 2018, the city shall not issue any new leases, contracts, permits, bid proposals,
solicitations, or other form of agreement allowing use of City Property for purposes that would
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include the sale/distribution of bottled beverages. This provision shall apply to any such permit
renewed, extended, or materially amended as of March 1, 2017.
8.07.040 – Restricting Use of City Funds
A. City funds shall not be used to purchase bottled beverages except as exempted or allowed under
this ordinance. The City’s purchasing policies shall be amended for consistency with this
ordinance.
B. It shall be City policy not to have drinking water systems in City offices/facilities that use
bottled beverages of any size where sufficient alternatives exist and are feasible. City
offices/facilities shall conform drinking water system to this policy where reasonable.
8.07.050 – Increasing Availability of Public Drinking Water
A. It shall be City policy to increase the availability of drinking water for public consumption in
public areas by ensuring access to drinking fountains, potable water hook-ups, and with
particular emphasis on providing water bottle filling stations. City departments will take all
reasonable and appropriate steps to promote and facilitate achievement of the intent and
requirements of this ordinance.
B. It shall be City policy that Capital Improvement Projects in a park, plaza, playground, or other
public space shall install devices that provide appropriate availability of drinking water for
public consumption such as water bottle filling stations, drinking fountains, and/or potable
water hook-ups for public use, if the department finds the installation is proximate and feasible
with the scale and scope of the project.
C. It shall be City goal to encourage the inclusion of water bottle filling stations for public use in
privately-owned developments.
8.07.060 Exceptions
A. The provisions of this ordinance shall not apply where the City Manager or department finds
that relying on bottled beverages (e.g. bottled water) is necessary in a given situation to protect
the public health, safety and welfare, and no reasonable alternative will serve the same purpose.
B. The provisions of this ordinance shall not apply to emergencies.
C. The City Manager or designee responsible for permitting an event or issuing a lease on City
Property may waive the requirements of this ordinance in full or in part if it is demonstrated to
the satisfaction of the City Manager or designee that strict compliance would not be feasible,
would create undue hardship or practical infeasibility, or that other reasonable circumstances
warrant waiving the requirements of this ordinance.
D. The provisions of this ordinance shall not apply where there are hydration requirements for
employees working outside (i.e. fieldwork) and no reasonable alternative to plastic beverage
bottles will serve the same purpose.
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E. The provisions of this ordinance shall not apply to the sale/distribution of bottled beverages to
participants of a participant athletic event.
F. The provisions of this Ordinance do not apply to an event where the applicant submitted a
complete application for review, or received approval, prior to the effective date of this
ordinance (November 23, 2017).
G. Nothing in this Ordinance shall be construed to impair a lease, contract, permit, bid proposal,
solicitation, or other form of agreement to which the City is a party on the effective date of this
Ordinance.
8.07.070 Implementation and Enforcement
A. Prior to March 1, 2018, the City and departments issuing permits and/or other agreements shall
take appropriate steps to update application checklists and other materials as well as educate
and inform the public about the requirements of this ordinance.
B. In addition to any other remedy available, any violation of the provisions of this ordinance by
any person is subject to following administrative fines pursuant to the procedures of Chapter
1.24:
1. A fine not to exceed $200 for an event of 1 to 200 persons;
2. A fine not to exceed $400 for an event of 201 to 400 persons;
3. A fine not to exceed $600 for an event of 401 to 600 persons; and
4. A fine not to exceed $1,000 for an event of 600 or more persons.
SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this Ordinance 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 enforcement of the
remaining portions of this Ordinance, or any other provisions of the city’s rules and regulations. It
is the city’s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 5. Effective Dates. A summary of this Ordinance, together with the names of
Council members voting for and against, shall be published at least five (5) days prior to its final
passage, in The Tribune, a newspaper published and circulated in this Cit y. This Ordinance shall
go into effect at the expiration of thirty (30) days after its final passage with phased implementation
as established herein. A copy of the full text of this Ordinance shall be on file in the Office of the
City Clerk on and after the date following introduction and passage to print and shall be available
to any member of the public.
INTRODUCED on the ____ day of ____, 2017, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2017, on the following vote:
AYES:
NOES:
ABSENT:
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____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Carrie Gallagher
City Clerk
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THF Newspaper of the Central Coast
n W1
SLO CITY CLERK
3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AD #3360727
CITY OF SAN LUIS OBISPO
OFFICE OF THE CITY CLERK
STATE OF CALIFORNIA
SS..
County of San Luis Obispo
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen and not
interested in the above entitled matter; I am now, and at
all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of
THE TRIBUNE, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
published in the above-named newspaper and not in any
supplement thereof — on the following dates to wit;
OCTOBER 29, 2017 that said newspaper was duly and
regularly ascertained and established a newspaper of
general circulation by Decree entered in the Superior
Court of San Luis Obispo County, State of California, on
June 9, 1952, Case 419139 under the Government Code
of the State of California.
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
MLAZ P,,,.
(Sigl ure of Principal Clerk)
DATE: OCTOBER 29, 2017
AD COST: $167.04
C uy 01,
m.�.SfiftlAysompo
ORDINANCE NO. 1641 (2017 SERIES)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO,
CALtFORNIA, ADDING CHAPTER 8.07
TO THE SAN LUIS OBISPO MUNICIPAL
CODE REGULATING SINGLE -USE PLAS-
TIC BEVERAGE BOTTLES ON CITY
PROPERTY LESS THAN 21 OUNCES IN
SIZE
NOTICE IS HEREBY GIVEN that the City
Council of the City of San Luis Obispo, Cal-
ifornia, at Its Special Meeting of October,
24, 2017, introduced the above titled otdi-
nance upon a motion by Council Member
Gomez, second by Council Member Christi-
anson, and on the following roll call vote:
AYES: Council Members Christianson,
Gomez, and Pease, Vice Mayor Rivoire,
and Mayor Harmon
NOES: None
Ordltlance No. Ipi 2,Q17 Serlgq — This
is a City Ordinance to regulate the
saleldlstributivn of single -use beverage bot-
Ilas, less than 21 ounces in size, on City
properly and at events on City property
That require a permit. The Ordinance also
Includes a commitment to increasing the
availability of drinking water in public, pla-
ces with emphasis on providing water
bottle filling stations.
A full and complete copy of the aforemen-
tioned Ordinance is available for inspection
and copy in the City Clerk's Office, located
at 990 Palm Street, San Luis Obispo, Calk
fomia, or you may call (805) 781-7100 for
more information.
NOTICE IS HEREBY FURTHER GIVEN
that the City Council of the City of San
Luis Oblapo will consider adopting the
aforementioned Ordinance at its Regular
Meeting of November, 7, 2017 at 6:00
p.m., which will be held in the Council
Chamber, located at 990 Palm Street, San
Luis Obispo, California.
Carrie Gallagher
City Clerk
October 29, 2017 3360727