HomeMy WebLinkAboutOrdinance #4245 ORDINANCE NO. 4245
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUN-IINGTON BEACH
AMENDING CHAPTER 3.02 OF THE HUNTINGTON BEACH MUNICIPAL CODE
PURCHASE OF GOODS AND SERVICES
WHEREAS, State recycling law. Assembly Bill 939 of 1989. the California Integrated
Waste Management Act of 1989 (California Public Resources Code Section 40000. et seq., as
amended, supplemented, superseded, and replaced from time to time), requires cities and
counties to reduce. reuse, and recycle (including composting) Solid Waste generated in their
jurisdictions to the maximum extent feasible before any incineration or landfill disposal of
waste. to conserve water, energy, and other natural resources, and to protect the environment;
and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 places requirements on
businesses and Multi-Family property owners that generate a specified threshold amount of
Solid Waste to arrange for recycling services and requires the City to implement a mandatory
commercial recycling program; and
WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 requires
businesses and Multi-Family property owners that generate a specified threshold amount of
Solid Waste. Recycling, and Organic Waste per week to arrange for recycling services for that
waste, requires the City to implement a recycling program to divers Organic Waste from
businesses subject to the law, and requires the City to implement a mandatory commercial
organics recycling program; and
WHEREAS. SB 1383, the Short-lived Climate Pollutant Reduction Act of2016, requires
Cal Recycle to develop regulations to reduce organics in landfills as a source of methane. The
regulations place requirements on multiple entities, including the City, residential households,
Commercial Businesses and business owners. Commercial Edible Food Generators, haulers,
self-haulers. Food Recovery Organizations, and Food Recovery Services to Support achievement
of Statewide Organic Waste disposal reduction targets. and
WHEREAS, SB 1383 Regulations require the City to adopt and enforce an ordinance or
other enlorceable mechanism to implement relevant provisions of the SB 1383 Regulations.
This ordinance will also help reduce food insecurity by requiring Commercial Edible Food
Generators to arrange to have the maximum amount of their Edible Food, that would otherwise
be disposed, be recovered for human consumption; and
WHEREAS. this Ordinance implements the requirements of AB 341, AB 1826, and the
SB 1383 Regulations.
WHEREAS, SB1383 regulations require the City to adopt procurement requirements for
purchasing paper and landscape services.
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The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 3.02.025 is hereby amended adding new definitions in alphabetical
order, to read as follows, with all other definitions remaining the same:
"Direct Service Provider" means a person, company, agency, district, or other entity that
provides a service or services to the City pursuant to a contract or other written agreement
"Paper Products" include. but are not limited to, paper janitorial supplies, cartons, wrapping,
packaging, file folders, hanging files, corrugated boxes, tissue, and toweling.
"Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset. forms, computer printout paper, white wove envelopes, manila envelopes,
book paper. note pads, writing tablets, newsprint, and other uncoated writing papers, posters,
index cards, calendars, brochures, reports, magazines, and publications.
"Recycled-Content Paper" means Paper Products and Printing and Writing Paper that consists
of at least 30 percent, by fiber weight, postconsumer fiber.
SECTION 2. Chapter 3.020.165 is hereby added to read as follows:
'13.02.165 SB 1383 Procurement Requirements
(A) Any direct service provider of landscaping, maintenance, renovation, and
construction shall comply with the City's SB 1383 Procurement requirements.
(1) Use Compost and SB 1383 Eligible Mulch, as practicable, produced from
recovered Organic Waste, for all landscaping renovations, construction, or
maintenance performed for the City, whenever available, and capable of
meeting quality standards and criteria specified. SB 1383 Eligible Mulch
used for land application shall comply with 14 CCR, Division 7, Chapter
12, Article 12 and must meet or exceed the physical contamination.
maximum metal concentration and pathogen density standards specified in
14 CCR Section I7852(a)(24.5)(A)(1) through (3).
(2) Keep and provide records of Procurement of Recovered Organic Waste
Products (either through purchase or acquisition) to City, upon completion
of projects. Information to be provided shall include:
a. General description of how and where the product was used and if
applicable, applied:
b. Source of product, including name. physical location, and contact
information for each entity. operation, or facility from whom the
Recovered Organic Waste Products were procured:
C. Type of product;
d. Quantity of each product; and,
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ORDINANCE NO. 4245
e. Invoice or other record demonstrating purchase or procurement.
(B) All vendors providing Paper Products and Printing and Writing Paper shall:
(1) If fitness and quality are equal, provide Recycled-Content Paper Products
and Recycled-Content Printing and Writing Paper that consists of at least
30 percent, by fiber weight, postconsumer fiber instead of non-recycled
products whenever recycled Paper Products and Printing and Writing Paper
are available at the same or lesser total cost than non-recycled items.
(2) Provide Paper Products and Printing and Writing Paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12.
(3) Certify in writing, tinder penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing Paper
offered or sold to the City. This certification requirement may be waived if
the percentage of postconsumer material in the Paper Products. Printing and
Writing Paper, or both can be verified by a product label, catalog, invoice,
or a manufacturer or vendor internet website.
(4) Certify in writing, on invoices or receipts provided, that the Paper Products
and Printing and Writing Paper offered or sold to the City is eligible to be
labeled with an unqualified recyclable label as defined in 16 Code of
Federal Regulations (CFR) Section 260.12 (2013).
(5) Provide records to the City or its Designee of all Paper Products and Printing
and Writing Paper purchases within thirty (30) days of the purchase (both
recycled-content and non-recycled content, if any is purchased) made by
I division or department or employee of the City. Records shall include
a copy (electronic or paper) of the invoice or other documentation of
purchase, written certifications as required in Sections 3.12.165(b)(3) and
3 cled-content purchases, purchaser name, quantity
purchased, date purchased, and recycled content (including products that
contain none), and if non-recycled content Paper Products or Printing and
Writing Papers are provided, include a description of why Recycled-
Content Paper Products or Printing and Writing Papers were not provided.
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ORDINANCE NO. 4245
SECTION 3. CEQA. SB 1383 Regulations were the subject of a program environmental impact
report (EIR) prepared pursuant to the California Environmental Quality Act (CEQA). The
proposed amendments to Chapter 8.21 of the HBMC are consistent with the SB 1383 Regulations
and the Program EIR. No mitigation measures identified in the Program EIR are applicable to the
City's enactment of the proposed ordinance amendments. Moreover, none of the conditions
requiring a subsequent or supplemental EIR,as described in Public Resources Code Section 21166
and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163, have
occurred. Additionally,the proposed ordinance is exempt from CEQA pursuant to Section 15308,
Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the
environment and as an action taken by a regulatory agency for the protection of the environment,
specifically, for the protection of the climate.No unusual circumstances exist that would cause the
proposed ordinance to have a significant effect on the environment.
SECTION 4. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the JP day of sTA�t/CGi4.4 5/ 20�.
Mayor
ATTEST: APPROVED AS T ORM:
A114V 1&hW&AtU)
City Clerk ny ttomey
REV D AN APPROVED: INITIATED AND AP P D:
City anger Director of Public orks
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Ord. No. 4245
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I. ROBIN ESTANISLAU. the duly elected. qualified City Clerk of the
City of Huntington Beach, and es-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of'
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on December 21, 2021, and was again read to said City
Council at a Regular meeting thereof held on January 18, 2022, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalrnick
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Hstanislau,CfrY CLERK of the City of Huntington
Beach and cs-oRcio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on January 27,2022.
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk Citv Cl rk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California