Business Item 5c
STAFF REPORT
City Council Business Item
DATE: January 6, 2025
TO: Honorable Mayor and Council Members
FROM: Mat Nyberg, Deputy City Engineer
THROUGH: Amy Nilsen, City Manager
SUBJECT: Introduction and First Reading of Organic Waste Disposal Ordinance 2024- 770 Amendment
STAFF RECOMMENDATION:
Staff recommends that the Council hold a public hearing and conduct a first reading of amended Ordinance 2024-770, revising Chapter 8.14.070 of the Fortuna organic waste disposal reduction regulationsthatimplement and enforce CalRecycle organicsregulations and SB 1383 compliance.
EXECUTIVE SUMMARY:
The Organic Reduction and Recycling Ordinance 2024-770 was adopted by the City Council on August 5, 2024. The ordinance amended Title 8 (Health and Safety) of the Fortuna Municipal Code to include Chapter 8.14, Organic Reduction and Recycling. Chapter Section 8.14.070 defines requirements for commercial edible food generators and has been found to be incomplete upon development of the Commercial Edible Food Recovery Program by Abound Food Care.
The program requires that commercial edible food generator facilities under contract with food recovery organizations must be inspected annually and the Ordinance currently does not address that language.
The Humboldt County Department of Environmental Health (DEH) has served as the City of Fortuna Health Officer since 1977 per Ordinance 77-370. Given this historic relationship for health-related regulation and oversight, the City has requested that DEH perform commercial edible food generator facility inspections. DEH has obliged and requested that the City enforce the same requirements that they have for generators in their jurisdiction. Those requirements include registration with DEH, fee payment and annual inspections. In order to achieve that objective, staff have added the following language to Ordinance 2024-770:
8.14.070(c)(9) Register with the County of Humboldt Division of Environmental Health as an Edible Food Generator. Commercial Edible Food Generator Registration will require an annual fee in an amount to cover costs, as set by resolution or ordinance of the Humboldt County Board of Supervisors. No part of the registration fee shall be refundable.
8.14.070(c)(10) Submit to annual inspection by the County of Humboldt Division of Environmental Health for compliance with this Section.
Business Item 5c
During the editing process, staff also added clarifying language to 8.14.070(c)(7)(D) in bold below.
If it has not entered into a contract or written agreement with Food Recovery Organizations or Food Recovery Services pursuant to subsection (c)(2) above, a Commercial Edible Food Generator shall maintain a record that describes (i) its direct donation of Edible Food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus Edible Food that it can donate.
FINANCIAL IMPACT:
To date, the County has not established the fee for registration and inspection of facilities.
However, all proposed fees shall be paid by the commercial edible food generators and the City shall incur no budgetary impact.
RECOMMENDED COUNCIL ACTION:
1. Open the Public Hearing
2. Receive staff presentation and review Council questions with staff
3. Open Public Comment
4. Close Public Comment
5. Motion to introduce and conduct a first reading, by title only, of amendments to Ordinance 2024-770 and continue the public hearing to January 21, 2025. Roll call vote.
ATTACHMENTS:
Amendments to Ordinance No. 2024-770, An Ordinance Of The City Council Of The City Of Fortuna, California Amending Title 8 – Health and Safety Of The Fortuna Municipal Code By Revising Chapter 8.14– Organic Reduction and Recycling Ordinance