AGENDA
ITEM
22 AGENDA
CALEXICO California ITEM
MEXICO MEET
22 CITY COUNCIL
AGENDA STAFF REPORT
DATE: September 16, 2026
TO: City Council
APPROVED BY: Benjamin Martinez, City Manager Ra
PREPARED BY: Laura Estrada, City Attorney LE
SUBJECT: Consideration of an Ordinance for Food Distribution on Downtown Public Property
== =======
Recommendation:
Staff recommends that the City Council:
1. Discuss and provide direction regarding the development of an ordinance regulating Food Distribution and related Cleanup activities on designated Downtown Public Property.
2. If directed to proceed, authorize staff to return to the City Council with a proposed ordinance for first reading and introduction by title only.
3. Direct staff to return the proposed ordinance to the City Council for second reading and consideration of adoption at the subsequent City Council meeting.
Background:
On June 17, 2026, the City Council directed staff to initiate the development of a policy, or review existing policies concerning keeping public areas clean, specifically within the downtown area.
Under California Constitutional and Statutory law, Calexico as a general law city, possesses broad police power to regulate the use of public property for health, safety, and sanitation purposes. The City has experienced recurring food distribution activities conducted by nonprofit organizations and other community groups on public property within and around the Downtown area. The City recognizes the important role that nonprofit organizations play in providing food to members of the community. At the same time, these activities on public property may create public space management issues, including litter and food waste.
Discussion and Analysis:
The City already has regulations addressing temporary uses, operating conditions, public health and safety, and cleanup of temporary-use sites. However, those provisions are not designed for food distributions. A new ordinance would give the City a clear, transparent framework rather than relying on staff to stretch existing provisions to cover a situation they weren't specifically written for.
The City Council may direct staff to prepare a new Municipal Code chapter regulating food distribution on designated public property. Following adoption of the ordinance, staff may then establish a policy.
The ordinance should establish a clear and consistent regulatory framework for food distribution activities conducted on designated public property. The ordinance should require organizations conducting food distributions to obtain a City permit, and subject to any exemptions the City Council determines appropriate. It should identify locations where such distributions may occur and establish areas where these activities may be restricted based on pedestrian circulation, traffic, public safety, accessibility, or other legitimate public-space considerations. The ordinance should establish reasonable operating hours and limits on the duration and frequency of distributions and require that sidewalks, pedestrian pathways, ADA access routes, building entrances, fire lanes, driveways, and other required access areas remain unobstructed.
Organizations conducting food distributions should be responsible for providing appropriate waste receptacles, collecting and removing food waste and packaging, removing all equipment and materials, cleaning the immediate distribution area, removing leftover food and refuse, preventing the discharge or dumping of liquids or food waste, and leaving the public property in a clean and sanitary condition immediately following the activity. The ordinance should also require a designated representative of the organization to be present during the distribution and be responsible for compliance with all permit conditions.
The ordinance should require organizations conducting feedings to:
1) Register with the city or the local enforcement agency as required under Health and Safety Code Section 114333;
2) Designate a responsible site representative who will ensure post-feeding cleanup; 3) Provide adequate waste receptacles and ensure all waste within a specified time after the feeding concludes;
4) Comply with the management practices approved by the local enforcement agency under the Retail Food Code;
5) If applicable obtain any permits from the local enforcement agency.
The policy will apply to all food distribution events on public property. Enforcement mechanisms could include administrative fines, permit revocation, or nuisance abatement proceedings under Government Code Section 38773.5.
Fiscal Impact:
If the city establishes a permit fee or deposit, staff will return to the City Council with appropriate recommendations.
2 Coordinated With:
Planning Director
City Manager
Attachments):
None.