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HomeMy WebLinkAbout02-20-2018 Item 08 - Environmentally Preferred Purchasing - Plastic Bottle Ordinance (2nd Reading) Meeting Date: 2/20/2018 FROM: Xenia Bradford, Finance Director Prepared By: Kristin Eriksson, Purchasing Analyst SUBJECT: ADOPTION OF AN ORDINANCE PROHIBITING THE USE OF CITY FUNDS FOR PURCHASE OF SPECIFIED SINGLE-USE PLASTIC BOTTLES AND SINGLE-USE PLASTIC BEVERAGE CONTAINERS RECOMMENDATION Adopt Ordinance 1644 (2018 Series) (Attachment A) adding Section 3.24.075(F) to the San Luis Obispo Municipal Code to prohibit the use of City funds to purchase single-use plastic beverage bottles less than 21 ounces in size or single-use plastic beverage containers. DISCUSSION On February 6, 2018 the City Council voted 4:0 to introduce Ordinance 1644 to prohibit the use of City funds to purchase single-use plastic beverage bottles, less than 21 ounces in size, or single-use plastic beverage containers. The ordinance was introduced in compliance with previously adopted Ordinance 1641 (Attachment B), which mandated that the City’s purchasing policies be modified in this manner. Ordinance 1644 is now ready for adoption (See Attachment A). ALTERNATIVES 1. Continue the proposed ordinance. The City Council may continue action, if more information is needed. This is not recommended as the provisions of Ordinance 1641 become effective on March 1, 2018 and require that the City’s purchasing policy be changed in conformity with those provisions. Direction should be given to staff regarding additional information needed to make a decision. 2. Not adopt the proposed ordinance. The City Council may not adopt the proposed ordinance although adopted Ordinance 1641 requires that the City’s purchasing policy be changed in conformity with its provisions. Attachments: a - Draft Ordinance 1644_2nd Hearing b - Ordinance No. 1641 - signed Packet Pg 109 8 O 1644 ORDINANCE NO. 1644 (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 AND SINGLE-USE PLASTIC BEVERAGE CONTAINERS 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. Packet Pg 110 8 Ordinance No. 1644 (2018 Series) Page 2 O 1644 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 or single-use plastic drink containers or single-use plastic beverage containers, 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. Packet Pg 111 8 Ordinance No. 1644 (2018 Series) Page 3 O 1644 INTRODUCED on the 2nd day of February, 2018, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 20th day of February, 2018, on the following vote: AYES: NOES: ABSENT: ____________________________________ 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 Packet Pg 112 8 Packet Pg 113 8 Packet Pg 114 8 Packet Pg 115 8 Packet Pg 116 8 Packet Pg 117 8 Packet Pg 118 8 RECF,JvED F 2018 THE NMBUNE ewspaper of the Central Coast SL® CITE 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 OR LEEMS OBWPO AD #3520387 ANCE NO. 1644 (2018 SERIES) CITY OF SAN LUIS OBISPO INANCE OF THE CITY COUN- OF THE CITY CLERK CIL THE CITY OF SAN LUIS OBI- ALIFORNIA, ADDING SECTION Fj (F) TO THE MUNICIPAL CODE PLIANCE WITH RECENTLYD CHAPTER 8.07 REGULAT- STATE OF CALIFORNIA GLE-USE PLASTIC BEVERAGE S AND SINGLE -USE PLASTIC ss. GE CONTAINERS County of San Luis Obispo NOTICE IS HEREBY GIVEN that the City Council of the City of San Luis Oblspo, Cal- I am a citizen of the United States and a resident of the Ifornia; at its Regular Meeting of February 6, 2018, introduced the above titled ordi- County aforesaid; I am over the age of eighteen and not nance upon a motion by Council Member Gomez, second by Council Member interested in the above entitled matter; I am now, and at Pease, and on the following roll call vote: all times embraced in the publication herein mentioned AYES; Council Members Gomez, Pease, was, the principal clerk of the printers and publishers of Rivolre, and Mayor Harmon THE TRIBUNE, a newspaper of general Circulation, ABSENT: Vice Mayor Christianson printed and published daily at the City of San Luis NOES; None Obispo in the above named county and state; that notice at which the annexed clippings is a true copy, was OrdEi�art�e No. 78+4 [2Q18 Serfesj —This Is a City Ordinance to prohibit the use of published in the above-named newspaper and not in any City funds for the purchase of 81ng[a•use supplement thereof — on the following dates to wit;; plastic bottled beverages under 21 otinces and single use plastic beverage Contain. FEBRUARY 11, 2018 that said newspaper was duly and ars. regularly ascertained and established a newspaper of A full and complete copy of the aforemen- general circulation by Decree entered in the Superior tioned Ordinance Is available for inspection and copy in the City Clerk's Office, located Court of San Luis Obispo County, State of California on I� `,r at 990 Palm Street, San Luis Obispo, Cali- forniaor you may call (805) 781-7100 for June 9, 1952, Case #19139 under the Government Code more information. of the State of California. NOTICE IS HEREBY FURTHER GIVEN that the City Council of the City of San I certify (or declare) under the penalty of perjury that the Luis, Obispo will consider adopting the aloremenlioned Ordinance at its Regular foregoing is true and correct. Meeting of February 20, 2018 at 6:00 p,m., which will be hold in the Council Chamber, located at 990 Palm Street, San Luis Obi. R 11 N rj,�/j�/+A f � NAM Lof[J'/Clerk) Ir � l� spo, California. - (Sl tune Principal Carrie Gallagher, CMC rk c� DATE: FEBRUARY 11, 2018 1"QbNecity 11, 2018 3520387 AD COST: $162.40