HomeMy WebLinkAbout02-06-2018 Item 02 Environmentally Preferred Purchasing - Plastic Bottle Ordinance (1st Reading) Meeting Date: 2/6/2018
FROM: Xenia Bradford, Finance Director
Prepared By: Kristin Eriksson, Purchasing Analyst
SUBJECT: CONSIDERATION OF AN ORDINANCE REGULATING THE USE OF
CITY FUNDS FOR SPECIFIED PLASTIC BOTTLED BEVERAGES, IN
COMPLIANCE WITH RECENTLY ADOPTED ORDINANCE NUMBER
1641 (2017 SERIES).
RECOMMENDATION
Introduce an Ordinance (Attachment A) to amend Chapter 3.24 of the Municipal Code to
prohibit the use of City funds to purchase single -use plastic bottled beverages of less than 21
ounces, as provided in Chapter 8.07 of the Municipal Code.
BACKGROUND
On November 7, 2017, the City Council adopted Ordinance No. 1641 (2917 Series), which
added Chapter 8.07 to the Municipal Code, establishing, in part, regulations to restrict the
sale/distribution of plastic beverage bottles on City property. Section 8.07.040(A) of that
Chapter requires that, “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 w ith this chapter.”
DISCUSSION
In light of Section 8.07.040(A)’s mandate to amend purchasing policies consistent with
Ordinance 1641, it is recommended that a new Subsection be added to Municipal Code Section
3.24.075 (Environmentally Preferred Purchase s) to expressly prohibit the use of City funds to
purchase single-use bottled beverages of less than 21 ounces. This will provide for consistency
between the City’s Environmental Purchasing Policy and the requirements set forth in Ordinance
Number 1641.
Proposed Ordinance
The proposed Ordinance is provided as Attachment A to this report.
CONCURRENCES
Administration staff participated in the development and review of the draft ordinance.
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ENVIRONMENTAL REVIEW
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, amo ng other things,
it will reduce the amount of single use plastic bottles that enter the local landfill or end up as
litter. 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.
FISCAL IMPACT
At this time, the impacts of implementing and enforcing the additional elements of the Ordinance
can be incorporated into existing resources.
ALTERNATIVES
1. Amend the proposed ordinance. The City Council may modify the proposed
amendments to the Municipal Code. Specific direction should be given to staff regarding
any modifications.
2. Continue the proposed ordinance. The City Council may continue actio n, if more
information in needed. Direction should be given to staff regarding additional
information needed to make a decision. This is not recommended, as the related
ordinance (Ordinance 1641) will be effective on March 1, 2018.
3. Reject the proposed ordinance. The City Council may reject the proposed ordinance
although this amendment . This is not recommended, as the related and already-adopted
ordinance (Ordinance 1641) requires the change to the City’s purchasing policy.
Attachments:
a - Draft Ordinance_1st Hearing
b - Ordinance Number 1641 (2017 Series)
c - 11-07-2017 Agenda Action Update
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O ______
ORDINANCE NO. _____ (2018 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADDING SECTION 3.24.075(F) TO THE
MUNICIPAL CODE IN COMPLIANCE WITH RECENTLY ADOPTED
CHAPTER 8.07 REGULATING SINGLE-USE PLASTIC BEVERAGE
BOTTLES
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, 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, 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, on November 7, 2017, the City Council of the City of San Luis Obispo
adopted Ordinance Number 1641 (2017 Series) to add Chapter 8.07 of the Municipal Code,
establishing, in part, regulations to restrict the sale/distribution of plastic beverage bottles on City
property; and
WHEREAS, Ordinance Number 1641 (2017 Series) mandates the City to amend its
purchasing policies to be consistent with the City’s regulations on single use plastic bottles.
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. Action. Section 3.24.075 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
3.24.75 Environmentally Preferred Purchases.
A. It is the intent of the city Council that the City of San Luis Obispo take a leadership role not
only in recycling its waste products but also in the purchase of recycled products for use in the
delivery of city services. It is the purpose of this section to provide direction to the city
administrative officer in the procurement and use of recycled products. For the purpose of this
section, recycled materials are defined as any materials (e.g., glass, paper, plastic, etc.) that are
separated by type, reprocessed by industrial methods, and used as raw materials for the
manufacture of new products.
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Ordinance No. _____ (2018 Series) Page 2
O ______
B. It is the policy of the City of San Luis Obispo to purchase and use recycled products whenever
possible to the extent that such use does not negatively impact health, safety, or operational
efficiency.
C. It is the policy of the City of San Luis Obispo to encourage the purchase of products which
can be recycled or reused.
D. The City will purchase and use recycled paper for masthead stationery, envelopes and printing
purposes. In addition, recycled paper shall be purchased and used in all copy machines which
will accept it. City staff will encourage the copier industry to develop high- speed copiers which
will accept recycled paper.
E. City departments shall examine their purchasing specifications and, where feasible, purchase
equipment, supplies, and services that result in less harm to the natural environment. This
involves the purchase of equipment, supplies, and services in a manner that uses less harmful
materials, employs recycled or recovered materials (where appropriate and available), and utilizes
techniques intended to result in less impact on the environment than other available methods.
F. It is the policy of the City of San Luis Obispo that City funds shall not be used to purchase
single-use plastic bottled beverages of less than 21 ounces, as provided in Chapter 8.07 of this
Code.
FG A ten percent preference, not to exceed one thousand dollars per contract, may be given to
recycled products. The fitness and quality of the
recycled product must be at least equal to unrecycled products as determined by the city. The
preference percentage shall be based on the lowest bid or price quoted by the supplier or suppliers
offering nonrecycled products.
GH Price preferences may be offered in excess of the ten percent ceiling established in this
section, if it can be shown that purchase of a recycled product or material will result in greater
long-term savings to the city. Award of a bid in excess of the ceiling, however, requires the
approval of the city administrative officer or city Council as established in the city’s purchasing
manual.
SECTION 3. 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 City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage. 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 ____, 2018, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 201 8, on the following vote:
AYES:
NOES:
ABSENT:
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Ordinance No. _____ (2018 Series) Page 3
O ______
____________________________________
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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Action Update
CITY OF SAN LUIS OBISPO CITY COUNCIL
Tuesday, November 7, 2017
Regular Meeting of the San Luis Obispo City Council
ROLL CALL
Present: Council Members Carlyn Christianson, Aaron Gomez, Andy Pease, Vice Mayor Dan
Rivoire, and Mayor Heidi Harmon
Absent: None.
Staff: Derek Johnson, City Manager; Christine Dietrick, City Attorney; Greg Hermann, Acting
Assistant City Manager; and Carrie Gallagher, City Clerk
AGENDA ITEMS ACTION
APPOINTMENTS
1. APPOINTMENTS TO VARIOUS CITY ADVISORY BODIES APPROVED
(5-0)
CONSENT CALENDAR
2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND
ORDINANCES
APPROVED
(5-0)
3. CONSIDERATION OF THE HUMAN RELATION
COMMISSION’S RECOMMENDED PRIORITIES FOR THE
2018 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) AND GRANTS-IN-AID (GIA) PROGRAMS
APPROVED
(5-0)
4. STRATEGY TO UPDATE THE PARKS AND RECREATION
GENERAL PLAN ELEMENT AND MASTER PLAN, AND
REQUEST FOR PROPOSALS FOR CONSULTANT
SERVICES
APPROVED
(5-0)
5. FY 2017-18 APPLICATION FOR DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL AND THE OFFICE
OF TRAFFIC SAFETY LOCAL ENFORCEMENT GRANT
APPROVED
(5-0)
6. VEHICLE & EQUIPMENT SURPLUS DESIGNATION AND
AUTHORIZATION OF SALE
APPROVED
(5-0)
7. ORDINANCE ADOPTION - BEVERAGE STRAWS UPON
REQUEST
ORDINANCE 1640 (2017 SERIES)
ADOPTED
(5-0)
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Action Update – City of San Luis Obispo City Council Meeting of November 7, 2017 Page 2
8. ORDINANCE ADOPTION - REGULATING THE SALE
AND DISTRIBUTION OF SINGLE-USE PLASTIC
BOTTLES AND ESTABLISHING REGULATIONS TO
INCREASE AVAILABILITY OF WATER BOTTLE
FILLING STATIONS
ORDINANCE 1641 (2017 SERIES)
ADOPTED
(5-0)
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
9. PUBLIC HEARING - ANNUAL PUBLIC HEARING FOR
THE TOURISM BUSINESS IMPROVEMENT DISTRICT
RESOLUTION 10845 (2017 SERIES)
ADOPTED
(5-0)
10. PUBLIC HEARING - IMPLEMENTING ACTIONS FOR THE
AVILA RANCH COMMUNITY FACILITIES DISTRICT NO.
2017-1
RESOLUTION 10846 (2017 SERIES)
ORDINANCE 1642 (2017 SERIES)
RESOLUTION
ADOPTED
(5-0)
ORDINANCE
INTRODUCED
(5-0)
11. SETTING THE STAGE – PROCESS FOR DEVELOPING A
FISCAL HEALTH RESPONSE PLAN
RECEIVED AND
FILED
12. APPOINTMENTS TO THE 2018 COUNCIL
COMPENSATION COMMITTEE
APPROVED
(5-0)
TO APPOINT A 5
MEMBER
COMMITTEE
CONSISTING OF:
JOHN EWAN
FRANK GUYTON
LOUISE MATHENY
DALE STOKER
BRETT STRICKLAND
AND
ALTERNATE:
LOUISE JUSTICE
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blank.
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THENewspaper of the Central Coast
MBUNE
3825 South Higuera • Post Office Box 112 • San Luis Obispr
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AD #3492242
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;;
JANUARY 27, 2018 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.
(SiJaature of Principal Clerk)
DATE: JANUARY 27, 2018
AD COST: $358.44
RECEIVED
FF.P 01 2018
-C`=rYCORK
CITY OF
8f I .[>FB OBISPO
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
Tiic San Lui; Obispo City Council invites all interested persons to
attend a public hearing on Tuesday, February 6, 2018, at 4:00
p.m. in the City Hall Council Chamber, 990 Palm Street, San
Luis Obispo, California, relative to the following:
CONSIDER. ATION Or AN ORMNANCE REGULATINQ THE
VSE OF CITY FUNDS FOR SPECIFIED BOT I'LEQ BBEVERAG-
ES- IN CC TLIANCE WITH RECENTLY INDgPTEO ORDI-
NANCE NUMBER 1641
A public hearing to consider introducing an ordinance to amend
Chapter 3.24, Section 3.24.075 of the Municipal Code to add Sub-
section (F) to prohibit the use of City funds for specified single -use
plastic beverage bottles, in compliance with recently adopted
Chapter 8.07 of the Municipal Code regulating singe -use plastic
beverage bottles on City property.
For more information, you are invited to contact Kristin Eriksson of
the City's Finance Department at (805) 781-7510 or by email at
k ri on%sloallv.0
The City Council may also discuss other hearings or business
Items befora or after the items listed above. 11 you challenge the
proposed project in court, you may be limited to raising only those
Issues you or someone also raised at the public hearing descri-
bed in this notice, or in written correspondence delivered to the
City Council at, or prior to, the public hearing.
Reports for this meeting will be available for review in the City Cler-
k's Office and online at www.slaclty oA on Wednesday, January
31, 2018. Please calf the Clty Clerk's Office at (805) 7a1-7100 for
more Information. The City Council meeting Wit be televised We
on Charter Cable Channel 20 and live, streaming on www.slocity
-oro•
The San Luis Obispo City Council invites all interested persons to
altend a public hearing on Tuesday, February 6, 2018, at 6:00 p.m
in the City Hall Council Chamber, 990 Palm Street, San Luis Obi-
spo, California, relative to the following:
gBgAq STREET BICYCLE BOULEVARD A HOLM BIKE -
wavj� rir�
A public hearing to consider the Slocle Advisory Committees'
(BAC) recommendation to the City CouncII to:
Review final recommendations and adopt a preferred alternative
for the Broad Street Bicycle Boulevard Plan. The intent of the plan
is to guide development of a low -stress bicycle and pedestrian
route between Downtown and Foothill Boulevard. The project Is
categorically exempt under Class I, Section 15301 and Class 4,
Section 15304 of the California Environmental Quality Act. More
information can be found at the project website: http://www.peak
democMW,com/3444
For more information, you are invited to contact Luke Schwartz of
the City's Public Works Department at (805) 781-7190 or by email
al I%chwartz@,912g4y.org
The City Council may also discuss other hearings or business
Items before or after the items listed above. If you challenge the
proposed project in Court, you may be limited to raising only those
issues you or someone else raised at the public hearing descri-
bed in this notice, or in written correspondence delivered to the
City Council at, or prior to, the public hearing.
Reports for this meeting will be available for review in the City
Clerk's Office and online at www.slocitV.org on Wednesday, Janu-
ary 31, 2018. Please call the City Clerk's Office at (805) 781-7100
for more information. The City Council meeting will be televised
live on Charter Cable Channel 20 and live streaming on www.slo
tl98YA .
Carrie Gallagher, CMC
City Clerk
City of San Luis Obispo
January 27, 2018 3492242
PROHIBITION OF THE USE OF CITY FUNDS FOR SPECIFIED BOTTLED BEVERAGESCity Council Hearing – February 6, 2018Consideration of an Ordinance regulating the use of City funds for the purchase of specified plastic bottled beverages, in compliance with recently adopted Ordinance Number 164102-06-2018 Item 2 - Staff Presentation
RecommendationIntroduce an Ordinance to prohibit the use of City funds to purchase single-use bottled beverages of less than 21 ounces or single-use plastic drink containers, as provided in Chapter 8.07 of the Municipal Code.02-06-2018 Item 2 - Staff Presentation
Background/Ordinance 1641January 2017 – City Council Study Session regarding research of plastic water bottle regulations and recycling practices, local business perspectives and city policies and practicesCouncil directed staff to prepare an Ordinance restricting the sale and distribution of all single-use plastic beverage bottles on City propertyNovember 7, 2017 – Council adopted Ordinance 1641, establishing Chapter 8.07 of the Municipal Code02-06-2018 Item 2 - Staff Presentation
Adopted Ordinance 1641In pertinent part, the Ordinance required the City’s purchasing policies to be amended to be consistent with new Chapter 8.07Section Setting Forth Requirement:02-06-2018 Item 2 - Staff Presentation
Proposed OrdinanceAdd Section 3.24.075(F) to the Municipal Code:F. It is the policy of the City of San Luis Obispo that City funds shall not be used to purchase single-use plastic bottled beverages of less than 21 ounces or single-use plastic drink containers, as provided in Chapter 8.07 of this Code. 02-06-2018 Item 2 - Staff Presentation
RecommendationIntroduce an Ordinance to prohibit the use of City funds to purchase single-use bottled beverages of less than 21 ounces or single-use plastic drink containers, as provided in Chapter 8.07 of the Municipal Code.02-06-2018 Item 2 - Staff Presentation