HomeMy WebLinkAbout11-07-2017 Item 07 Ordinance Adoption - Beverage Straws Upon Request
Meeting Date: 11/7/2017
FROM: Greg Hermann, Acting Assistant City Manger
Prepared By: Marcus Carloni, Sustainability Coordinator
SUBJECT: ADOPTION OF BEVERAGE STRAWS UPON REQUEST ORDINANCE
RECOMMENDATION
Adopt an Ordinance 1640 adding Chapter 8.09 to the San Luis Obispo Municipal Code
regulating single use beverage straws.
DISCUSSION
On October 24, 2017 the City Council voted 5:0 to introduce Ordinance 1640 (2017 Series), a
“straws upon request” ordinance to require vendors, such as restaurants, bars, and cafes, to
provide single-use beverage straws to customers only once a straw is requested by the customer.
The Ordinance is now ready for adoption and will become effective on March 1, 2018.
ALTERNATIVES
1. Continue the proposed ordinance. The City Council may continue action, if more
information in 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 1640 (2017 Series)
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O 1640
ORDINANCE NO. 1640 (2017 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADDING CHAPTER 8.09 TO THE SAN LUIS
OBISPO MUNICIPAL CODE REGULATING SINGLE-USE BEVERAGE
STRAWS
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 a number
of policies and goals (COSE 5.4.3, 5.5.3, & 5.4.1) that recognize the City’s responsibility for waste
diversion, efficient use of materials, and recycling, and encouraging residents and businesses to do
so as well; and
WHEREAS, the City’s Climate Action Plan Solid Waste Chapter has an overall goal to
prevent, reduce, reuse and recycle solid waste to minimize the amount of waste being sent to the
landfill and to provide waste reduction education to the City’s consumers; 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, the Integrated Waste Management Authority (IWMA) in San Luis Obispo
reports that approximately 400,000 beverage straws are used every day in San Luis Obispo County
which are not being recycled and ending up as landfill waste or as litter; and
WHEREAS, the IWMA reports that studies have shown that 80% of customers will say
no if asked if they want a straw; and
WHEREAS, Environmental Center of San Luis Obispo (ECOSLO) reports that plastic
straws and stirrers were the #10 most collected debris at the 2017 SLO County Coastal Cleanup
Day – totaling 1,363 straws and stirrers collected; and
WHEREAS, the Ocean Conservancy reports that plastic straws and stirrers were the
number seven most collected items at the 2016 International Coastal Cleanup which spans 112
countries, collecting 409,097 plastic straws and stirrers; and
WHEREAS, regulating the use of single use beverage straws 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 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 regulations to restrict the use of single-use beverage straws;
and
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Ordinance No. 1604 (2017 Series) Page 2
O 1604
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 reduce the amount of single use straws that enter
the local landfill, waterways, and beaches. 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 8.09, establishing regulations to restrict the use/distribution
of single-use beverage straws in the city, is hereby added to the San Luis Obispo Municipal Code
as follows:
Chapter 8.09 – SINGLE USE STRAWS
8.09.010 - 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. “Dine-in customer” means a customer that consumes a food or beverage order on the same
premise it was ordered.
B. “Single-use” means a product that is designed to be only used one time in its same form by the
customer, food vendor or entity.
C. “Take-out food orders” means prepared meals or other food or beverage items that a customer
purchases at an establishment and are intended for consumption elsewhere.
D. “Vendor” means any business providing food or beverages within the City of San Luis Obispo.
8.09.020 – Beverage Straws Upon Request
On or after March 1, 2018, any vendor shall ask each dine-in customer if the customer wants a
single use beverage straw before providing a single use beverage straw to the customer.
8.09.030 – Exceptions
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Ordinance No. 1604 (2017 Series) Page 3
O 1604
Take-out food orders are exempt from this ordinance.
8.09.040 Implementation and Enforcement
A. In addition to any other remedy authorized by this code, any violation of the provisions of this
chapter by any person or restaurant is subject to administrative fines as provided in Chapter
1.24 of this code.
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 on March 1, 2018. 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:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
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Ordinance No. 1604 (2017 Series) Page 4
O 1604
_____________________________________
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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blank.
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Newspaper of the Central Coast
1
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 #3360694
CITY OF SAN LUIS OBISPO
OFFICE OF THE CITY CLERK
fylrlloffiel MCI 011[0l:14url
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 #19139 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.
mitt
E-!. ttoq�l - -- --,
(Sign a of Principal Clerk)
DATE: OCTOBER 29, 2017
AD COST: $153.12
Aft emor
s! i]B omm
ORDINANCE NO. 1640 (2017 SERIES)
AN ORDINANCE OF THE C&Y COUN-
CIL OF THE CITY OF SAN LUIS OBI -
SPO, CALIFORNIA, ADDING CHAPTER
8.09 TO THE SAN LUIS OBISPO MUNICI-
PAL CODE REGULATING SINGLE -USE
BEVERAGE STRAWS
NOTICE IS HEREBY GIVEN thAt the City
council of the City of San LUIS Oblapo, Cal-
ifornia, at Its Special Mveling of October,
24, 2017, introduced the above I11Ied ordl-
nance upon a motion by Vice Mayor
Rivoire. second by Council Member
Gomez and on the following roll Cali vote:
AYES. Council Members Christianson.
Gomez, and Pease, Vice Mayor Rivoire,
and Mayor Harmon
NOES: None
vM1fM![ Ceya. I540, 2{ 017 Serie — This
is a Oily Ordinance to regulate singte-use
beverage straws. The Ordinance require:
vendors such as restaurants, bars, and
cafes. to ask dine -in customers if they want
a single use beverage straw before provld.
ing a single use straw to the customer.
A full and complete copy of the aforeman-
Iloned Ordinance is aval fable for Inspection
and copy in the City Clerk's Office, Iocatad
at 990 Palm Street, San Luis Obispo, Calk
fornia, 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 Obispo will consider adopting the
aforemanlioned Ordinance at its Regular
Meeting of November. !. 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 3360694