Agenda Item B.10
CONSENT CALENDAR
Meeting Date: November 15, 2022
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Melissa Nelson, Environmental Services Manager
SUBJECT: Memorandum of Understanding Betw een the City of Goleta and Santa Barbara County for Santa Barbara County Regional Senate Bill 1383 Food Recovery Plan 2023-2024
RECOMMENDATION:
Approve and authorize the City Manager to execute a Memorandum of Understanding titled the “Santa Barbara Count y Regional SB 1383 Food Recovery Plan 2023-2024” between the County of Santa Barbara and the cities of Buellton, Goleta, Santa Barbara, and Solvang.
BACKGROUND:
On September 19, 2016, the Califo rnia Governor signed into law Senate Bill (SB) 1383.
This bill required the Californi a Air Resources Board to approv e and implement a comprehensive strategy to reduce emissions of the 2013 levels of short-lived climate pollutants by decreasing methane by 40%, hydrofluorocarbon gase s by 40%, and anthropogenic black carbon by 50% by 2030. There are numerous programs required to meet these goals such as citywi de renewable energy targets 1, commercial inedible
organics recycling2, and citywide organics procurement programs. The bill also req uires an edible food recovery program to ensure qualifying businesses recover edible food for donation to avoid landfilling.
SB1383 went into effect on January 1, 2022, and in response, the Cooperating Partners, including the County of Santa Ba rbara (“County”), and the citie s of Buellton, Santa Barbara, Solvang, and Goleta, participated in the development o f a Memorandum of Understanding (MOU) to implement a regional food recovery network.
1 Refer to August 16, 2022 staff report on County ReSource Center Procurement Benefits Sharing Plan for Anerobic Digestion Facility.
2 Refer to January 18, 2022 staff report on SB 1383 Organics Ordinance. 1 Meeting Date: November 15, 2022
DISCUSSION:
The purpose of this MOU is to establish a food recovery plan in accordance with SB 1383 for the Cooperating Partners to uphold and strengthen relations hips with food recovery organizations, Santa Barbara C ounty Public Health Department (S BCPHD), and other community groups (Chamber of Commerce, County Departments, Isla Vista Community Services District, etc.). Most importantly, this MOU seeks to f oster cohesive regional collaboration through universal outreach materials and bi-monthly meetings coordinated by the County’s Resource Recovery and Waste Management Division (RRWMD).
This MOU allows the County of Santa Barbara and the cities of Buellton, Santa Barbara, Solvang and Goleta to share benefic ial resources that help achi eve jurisdictional compliance while maximizing food recovery for Tier 1 and Tier 2 edible food generators.
Tier 1 edible food generators typically have more produce, fresh grocery, and shelf-stable foods to donate. These larger generators include wholesale food vendors, food service providers, food distributors, gro cery stores and supermarkets. Tier 2 edible food generators typically have more prepared foods to donate, which often require more careful handling to meet food safety requirements (i.e. time and temperature controls).
These smaller generators include hotels, restaurants, health facilities, state agency cafeterias, large venues and events, and local education agencies.
GOLETA STRATEGIC PLAN:
Citywide Strategy: 1. Support Environmental Vitality
Strategic Goal: 1.3 Adopt best practices in sustainability
FISCAL IMPACTS:
As shown in the table below, ther e are sufficient funds in the FY22-23 Adopted Budget for the Regional Food Recovery P lan, therefore, no additional a ppropriation is needed.
For calendar year 2023, the City of Goleta’s cost to participat e is estimated at $4,431.
Additionally, for calendar year 2024 the City of Goleta’s cost to participate is estimated at $5,109. The increase in the second year of the MOU is due to re gulatory requirements that begin to affect Tier 2 food generating businesses that require additional outreach and education.
Solid Waste and Food Recovery, FY 22-23
Fund Type Account Current
Budget
YTD
Actuals
Total
Remaining
Budget
211- Solid
Waste & Env.
Services
211-50-5900-51200 $514,000 $370,531 $143,469
T otal $514,000 $370,531 $143,469
Solid Waste and Food Recovery, FY 23-24
2 Meeting Date: November 15, 2022
Fund Type Account Current
Budget
YTD
Actuals
Total
Remaining
Budget
211- Solid
Waste & Env.
Services
211-50-5900-51200 $514,000 $0 $514,000
T otal $514,000 $0 $514,000
ALTERNATIVES:
The implementation and maintenanc e of an edible food recovery p rogram is a jurisdictional requirement of SB 1383. Other alternatives could delay the implementation of a regional food recovery network and will not maximize food recovery. This delay may have impacts to Goleta’s lower income and disadvantaged communities that rely on food donation as well as the potential for environmental non-compliance and environmental liability.
Reviewed By: Legal Review By: Approved By:
___________________ ______ _____________ ______ ___________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Memorandum of Understanding titled the “Santa Barbara County Re gional SB 1383 Food Recovery Plan 2023-2024” between the County of Santa Barbara and the cities of Buellton, Goleta, Santa Barbara, and Solvang 3 ATTACHMENT 1
Memorandum of Understanding titled the “Santa Barbara County Regional SB 1383 Food Recovery Plan 2023-2024” between the County of Santa Barbara and the cities of Buellton, Goleta, Santa Barbara, and Solvang
4 (COSB 2022) Page 1
Memorandum of Understanding (MOU)
Santa Barbara County Regional SB 1383 Food Recovery Plan 2023-2024
5 (COSB 2022) Page 2
This Memorandum of Understanding (“MOU”) is entered into by and between the County of Santa Barbara (“County”) and the cities of Buellton, Carpinteria, Goleta, Lompoc, Santa Barbara, and Solvang (“Partner Cities/City” and collectively with the County “Cooperating Partners”) for sharing the cost of continuing the revised “Santa Barbara County Regional SB 1383 Food Recovery Plan Extension” (“FRP”), attached hereto and incorporated herein by reference.
1. Purpose of this MOU
Under this MOU, the Partner Cities commit to sharing the cost with the County for maintaining a regional food recovery program. The attached FRP includes pr ogram goals and the Scope of Work to be performed by the County and Partner Cities.
2. Project Manager
The County shall generally act as project manager to provide overall coordination of the FRP. The County will provide program updates either monthly or bi -monthly as requested by Partner Cities via virtual meetings or in writing via email or online file sharing.
3. Financial Considerations and Payment Terms
3.1 Cost-Sharing Estimates
The cost for the County to perform the scope of services in the attached Scope of Work is estimated to be $46,269.00 for Year 1 and $53,352.00 for Year 2, to be divided into four invoices and payments. Invoices will be delivered to each partner city on the following dates and will include payment for time accrued from the last invoice date to the relevant invoice date.
Year 1 Invoice Schedule:
• July 31, 2023 – For costs incurred between January 1, 2023 – June 30, 2023 • January 31, 2024 – For costs incurred between July 1, 2023 – December 31, 2023 Year 2 Invoice Schedule:
• July 31, 2024 – For costs incurred between January 1, 2024 – June 30, 2024 • January 31, 2025 – For costs incurred between July 1, 2024 – December 31, 2024 The Cooperating Partners agree to contribute funding at the percentages shown in the FRP. 6 (COSB 2022) Page 3
Costs listed in the FRP are estimates, and the Cooperating Partners are responsible for actual costs, including any and all costs above said estimates, up to 10% above said estimates, as tracked and billed by the County pursuant to Section 3.2.
3.2. Cost-Sharing Process
Service hours completed by the County will be tracked and totaled. The total costs will be divided and allocated according to the percentages listed in the attached and billed to each respective Partner City via invoices. Each Partner City agrees to pay the County within 30 days of receipt of an invoice.
Each Cooperating Partner shall be solely responsible for all costs for its own staff time incurred as a result of, related to, in connection with, or arising out of its participation in the MOU.
4. Indemnify, Defend, and Hold Harmless
Each Cooperating Partner and its agents, employees, and contractors shall act in an independent capacity and not as officers, employees, or agents of any other Cooperating Partner. No Cooperating Partner assumes any liability for the activities of another Cooperating Partner in the performance of this MOU , and each Cooperating Partner (i) is responsible in proportion to its respective fault for all liability, including but not limited to personal injury or property damage that may arise out of this MOU and, (ii) specifically repudiates the division of liability otherwise provided for in Chapter 21 of Part 2 of Division 3.6 of Title 1 of the Government Code, entitled “Tort Liability under Agreements between Public Entitles," section 895 et seq., to the extent applicable. Each Cooperating Partner expressly agrees to defend, indemnify, and hold harmless the other Cooperating Partners and their directors, supervisors, council members, officers, agents and emplo yees from and against any and all loss, liability, expense, claims, suits, and damages, to the extent arising out of or resulting from the negligent acts, errors or omissions, or the intentional or willful misconduct of the indemnifying Cooperating P artner, its associates, employees, sub-consultants, or other agents, in the operation of and/or performance of this MOU. This provision will survive the expiration or termination of this MOU.
5. Term of this MOU
The FRP becomes effective on January 1, 2023. This MOU will terminate December 31, 2024; however, the County shall retain the power to collect any invoices in accordance with Section 3.1 even after termination of the Agreement. The County may terminate this MOU effective 30 days after the County gives notice to the Partner Cities and at which time the County shall generate and distribute any final invoices for services rendered. This MOU can be extended for one year, upon written agreement of all Cooperating Partners. All 7 (COSB 2022) Page 4
signatories to this MOU warrant that they have the power and authority to enter into this MOU on behalf of the named Cooperating Partner.
6. Counterparts
This MOU may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original and all of which shall together constitute but one and the same instrument.
7. Notices
All notices or other official correspondence relating to MOU matters between the Cooperating Partners shall be addressed to:
Ka
itlyn Haberlin, County of Santa Barbara – Resource Recovery & Waste Management Division 130 E. Victoria Street, Suite 100, Santa Barbara, CA 93101 Email: [email protected]
No
tices to Participating Cities shall be sufficient if delivered to the Clerk of the Partner City, or other person specifically noted in the Partner City’s signature block, as may be updated with written notice to all Cooperating Partners.
8. Severability
If any section, paragraph, sentence, clause or provision of this MOU shall, for any reason, be held to be invalid or unenforceable, then the invalidity or unenforceability of such section, paragraph, sentence, clause or provision shall not affect any of the remaining provisions of this MOU.
9. Amendments
This MOU may only be amended in writing and approved and signed by all Parties.
10. Applicable Law
This MOU shall be governed by and constructed in accordance with the State of California. 8 (COSB 2022) Page 5
ATTEST: COUNTY OF SANTA BARBARA:
Mona Miyasato
County Executive Officer
Clerk of the Board
By: By:
Deputy Clerk Joan Hartmann
Chair, Board of Supervisors
Date:
RECOMMENDED FOR APPROVAL: APPROVED AS TO ACCOUNTING FORM:
Betsy M. Schaffer, CPA
Auditor-Controller
By: By:
Department Head Deputy
APPROVED AS TO FORM: APPROVED AS TO FORM:
Rachel Van Mullem
County Counsel
Risk Management
By: By:
Deputy County Counsel Risk Management
In witness whereof, the Cooperating Partners hereto have executed this MOU. 9 (COSB 2022) Page 6
SIGNATURE SHEET FOR THE CITY OF BUELLTON
ATTES
T: CITY O
F BULLETON:
City Clerk
By: By:
Li
nda Reid Sco
tt Wolfe, City Manager
Dat e:
Ad
dress:
No
tices
Attn:
10 (COSB 2022) Page 7
ATTEST: CITY OF CARPINTERIA:
City Clerk
By: By:
Brian Barrett, City Clerk Dave Durflinger, City Manager Date:
Address:
Notices
Attn:
SIGNATURE SHEET FOR THE CITY OF CARPINTERIA
11 (COSB 2022) Page 8
ATTEST: CITY OF GOLETA:
By:
Deborah Lopez, City Clerk
By:
Robert Nisbet, C ity Manager
Date:
Address:
130 Cremona, Goleta, CA 93117
APPROVED AS TO FROM:
Notices
Attn:
Melissa Nelson, Environmental
Services Coordinator
By:
Winnie Cai, Assistant City
Attorney
SIGNATURE SHEET FOR THE CITY OF GOLETA
12 (COSB 2022) Page 9
SIGNATURE SHEET FOR THE CITY OF LOMPOC
ATTEST: CITY OF LOMPOC:
City Clerk
By: By:
Sta
cey Haddon, City Clerk Dea
n Albro, City Manager
Date:
Add
ress:
Not
ices
Attn:
APPRO
VED AS TO FORM:
By:
Jeff M
alawy, City Attorney
13 (COSB 2022) Page 10
APPROVED AS TO FORM: CITY OF SANTA BARBARA:
By: By:
Dan Hentschke, Assistant City
Attorney
Rene Eyerly, Assistant City
Administrator
Date:
Address: 735 Anacapa St, Santa Barbara 93102
Notices
Attn:
Lorraine Cruz Carpenter, Acting
Environmental Services Manager
SIGNATURE SHEET FOR THE CITY OF SANTA BARBARA
14 (COSB 2022) Page 11
ATTEST: CITY OF SOLVANG:
By: By:
Annamarie Porter, City Clerk Xenia Bradford, City Manager Date: Date:
APPROVED AS TO FORM:
By:
Dave Fleishman, City Attorney
Date:
SIGNATURE SHEET FOR THE CITY OF SOLVANG
15 Sa
nta Barbara County Regional SB 1383 Food Recovery Plan Extension Pr
oposal Completed By:
Santa Barbara County, Resource Recovery and Waste Management Division September 2022
16 Introduction
The Resource Recovery and Waste Management Division (RRWMD) of the Santa Barbara County Public Works Department is proposing to lead the continuation and maintenance of the regional edible food recovery network known as the “Santa Barbara County Regional SB 1383 Food Recovery Plan (FRP)” to meet the goals of California Senate Bill 1383 (SB 1383). This proposal extends the original goals and project considerations from the existing agreement between RRWMD and the cities of Buellton, Carpinteria, Goleta, Lompoc, Santa Barbara, and Solvang. To foster a cohesive food recovery program throughout Santa Barbara County, RRWMD proposes to continue directing the network; assist with tasks rel ated to food recovery organizations and services; and provide tools to network partners.
Please note that the word “County” in this document refers to the Resource Recovery and Waste Management Division and is used synonymously with “RRWMD.” Additionally, “non -profit,” “food recovery organization,” and “food recovery service,” are also used synonymously throughout this document.
Proposal Goals
Similar to the existing agreement, this proposal focuses on assisting non-profit and city partners. The goals of this proposal include the following:
• Uphold and strengthen relationships with food recovery organizations, Santa Barbara County Public Health Department (SBCPHD), and other community groups (Chamber of Commerce, County Departments, Isla Vista Community Services District, etc.). • Maintain the FileMaker recordkeeping system.
• Provide updated outreach and education resources, as needed. • Foster cohesive regional collaboration through universal outreach materials and bi-monthly meetings coordinated by RRWMD.
Scope of Work
Below are the tasks that will be completed by RRWMD:
1. Food Recovery Organization Outreach – Continue SB 1383 education and outreach to food recovery organizations located within the unincorporated area and in the cities participating in the network, as well as maintain current relationships.
• Contact organizations and provide SB 1383 education and outreach materials • Maintain a public list of food recovery organizations and services that may be interested in collecting recovered food
• Provide relevant support to food recovery organizations with SB 1383 requirements 17 • Answer written agreement questions
• Answer recordkeeping questions
• Collaborate with food recovery organizations on SB 1383 related projects • Provide FileMaker trainings as needed to food recovery organization staff • Record food recovery organization outreach notes in FileMaker database • Receive grocery rescue data from the Foodbank of Santa Barbara County and share with partner cities
Note: RRWMD will not be responsible for collecting data that was not uploaded into the FileMaker database. All data must be obtained by the respect ive jurisdiction. RRWMD is not responsible for any necessary compliance or enforcement actions regarding food recovery organizations.
2. Participate in Community Education Opportunities – This task was added to allow time for large- scale community outreach opportunities since the County will be representing the network. • Create presentations
• Coordinate and prepare for meetings
• Correspond with community groups
• Attend meetings
3. FileMaker Software Maintenance
• Perform general system maintenance
• Perform functionality updates, as needed
4. Update Outreach Materials and Resources – Food recovery materials have already been created but may require updating.
• Update food recovery materials, as needed
• Create new outreach materials, as needed
• Update Local Education Agency food recovery outreach materials annually, as needed
5. Food Recovery Organization Capacity Planning Surveys – Capacity planning will be required of jurisdictions in Summer 2024 following the same procedure as the 2022 report. • Conduct a capacity survey of all of the food recovery organizations that responded to the capacity survey in 2022
18 • Survey food recovery organizations currently recognized by Santa Barbara County Public Health and RRWMD as operating a commercial kitchen and registered to collect prepared food from retail food facilities
• Share data via FileMaker or Box
Capacity planning survey completed by the County will not include commercial edible food generators.
Food recovery organizations that do not respond to RRWMD will not be included in the capacity study.
Data not reported by RRWMD will need to be collected by the relevant city partner, as needed.
6. General Network Upkeep
• Coordinate regional meetings
• Maintain Box drive
• Continue to pursue network growth opportunities
• Collaborate with food recovery organizations to seek and apply for grant funding to support the network, as opportunities arise
7. Coordination with SBCPHD
• Correspond with and include Public Health on food recovery matters • Receive and share Public Health reports of Tier 1 and Tier 2 generators that were inspected by Health Inspectors at various intervals, to be determined by Public Health. Report will include the following for each entity that was inspected:
i. Question 1: Does the facility have a written agreement in place for Food Donation? Possible Answers: Yes, No, Unknown
ii. Question 2: Does the facility keep food donation records? Possible Answers: Yes, No, Unknown
iii. A date these questions were asked/answered will also be provided iv. Public Health shall provide our information flyer to entities with questions • Public Health will provide pertinent food safety advice and program feedback to jurisdictions, as needed
SBCPHD has no responsibility of education or enforcement. SBCPHD’s p urview does not include all Tier 1 and Tier 2 generators. There will be no guarantee that the food facilities will be visited annually. Public Health’s inspections will not take the place of what is required in SB 1383.
8. Management – General management of staff time, work procedures, and SB 1383 implementation related to this scope
• Reviewing work products
19 • Attending meetings
• Assisting in decision-making and providing general guidance The County is only responsible for the above itemized tasks. This proposal does not include generator outreach, enforcement, or reporting for individual city partners . Examples of tasks to be performed by partnering cities include:
1. Generator outreach
2. FileMaker training for generators
3. Surveying of generators about their food recovery needs and capacity
4. Onboarding generators in any pilot programs
5. Participating in food recovery related meetings and projects
6. Collaborating on updates to outreach materials
7. Assisting with Local Education Agency outreach
8. Assisting with other side projects as needed
9. All SB 1383 enforcement, reporting, and compliance duties pertaining to each city Partner cities also agree to notify RRWMD of which food recovery organizations have written agreements with their businesses and of any active food recovery organizations or services that RRWMD may not be aware of.
Schedule
The new agreement will begin on January 1, 2023 and end on December 31, 2024.
Costs
Network costs were calculated by estimating the number of hours that each task will take. The estimated hours were then multiplied by the hourly rate of the respective staff member who will be completing each task. Lastly, the renewal cost for FileMaker is estimated to be $1,000 and was added to this total. The total cost was divided by each jurisdiction's population. City partners will be invoiced by RRWMD. The tables below provide a detailed breakdown of the estimated costs and hours over the two-year agreement period.
20 Update Outreach Material and Resources 15 1.25 0.29
General Network Upkeep 50 4.17 0.96
Coordination with SBCPHD 10 0.83 0.19
Total Hours to be Completed by Prog. Specialist 1 420 35.00 8.08 General Assistance 80.00 6.67 1.54
Total Hours to be Completed by Prog Specialist 2 80.00 6.67 1.54 FileMaker Software Maintenance 40 3.33 0.77
Total Hours to be Completed by Sen. Prog. Specialist 40 3.33 0.77 Management (Management) 24 2.00 0.46
Management (Senior Program Specialist) 48 4.00 0.92
Total Hours for Network Management 72 6.00 1.38
Total Hours to be Completed by RRWMD 612.00 51.00 11.77 Estimated Costs Year 1
Hourly Costs
Staff Total Hours
Average
Monthly
Hours
Rate Total
RRWMD Employee 1 420 35.00 $70.83 $29,748.60
RRWMD Employee 2 80 6.67 $62.39 $4,991.20
FileMaker Maintenance (Prog. Specialist Senior) 40 3.33 $91.72 $3,668.80 Network Management (Prog. Specialist Senior) 48 4.00 $87.70 $4,209.60 Network Management (Manager) 24 2.00 $110.45 $2,650.80
Total Hours 612 Total Labor Cost $45,269.00
FileMaker Costs
License Cost
$1,000.00
Total License Cost $1,000.00
Total Labor plus License Cost $46,269.00
Population Breakdown
Jurisdiction Population
Population
Percentage
for
Calculation
Percentage
(Rounded)
Estimated
Individual
Costs
County 142,111 0.4237566 42.38% $19,606.79
Buellton 5,447 0.0162422 1.62% $751.51
Carpinteria 13,268 0.0395635 3.96% $1,830.56
Goleta 32,112 0.0957538 9.58% $4,430.43
Lompoc 43,644 0.1301407 13.01% $6,021.48
Santa Barbara 93,225 0.2779849 27.80% $12,862.08
Solvang 5,553 0.0165583 1.66% $766.14
Total 335,360 1.00 100% $46,269.00
Estimated Hours Year 1
Tasks Hour Total Total Hours
Per Month
Total Hours
Per Week
Food Recovery Organization Outreach 275 22.92 5.29
Participate in Community Education Opportunities 60 5.00 1.15 FileMaker Software Maintenance 10 0.83 0.19
Year 1 Estimates
21 Estimated Hours Year 2
Tasks Hour Total Total Hours
Per Month
Total Hours
Per Week
Food Recovery Organization Outreach 275 22.92 5.29
Participate in Community Education Opportunities 60 5.00 1.15 FileMaker Software Maintenance 10 0.83 0.19
Update Outreach Material and Resources 15 1.25 0.29
Capacity Planning Surveys 100 8.33 1.92
General Network Upkeep 50 4.17 0.96
Coordination with SBCPHD 10 0.83 0.19
Total Hours to be Completed by Prog. Specialist 1 520 43.33 10.00 General Assistance 80.00 6.67 1.54
Total Hours to be Completed by Prog Specialist 2 80.00 6.67 1.54 FileMaker Software Maintenance 40 3.33 0.77
Total Hours to be Completed by Sen. Prog. Specialist 40 3.33 0.77 Management (Management) 24 2.00 0.46
Management (Senior Program Specialist) 48 4.00 0.92
Total Hours for Network Management 72 6.00 1.38
Total Hours to be Completed by RRWMD 712.00 59.33 13.69 Estimated Costs Year 2
Hourly Costs
Staff Total Hours
Average
Monthly
Hours
Rate Total
RRWMD Employee 1 520 43.33 $70.83 $36,831.60
RRWMD Employee 2 80 6.67 $62.39 $4,991.20
FileMaker Maintenance (Prog. Specialist Senior) 40 3.33 $91.72 $3,668.80 Network Management (Prog. Specialist Senior) 48 4.00 $87.70 $4,209.60 Network Management (Manager) 24 2.00 $110.45 $2,650.80
Total Hours 712 Total Labor Cost $52,352.00
FileMaker Costs
License Cost
$1,000.00
Total License Cost $1,000.00
Total Labor and License Cost $53,352.00
Population Breakdown
Jurisdiction Population
Population
Percentage
for
Calculation
Percentage
(Rounded)
Estimated
Individual
Costs
County 142,111 0.4237566 42.38% $22,608.26
Buellton 5,447 0.0162422 1.62% $866.56
Carpinteria 13,268 0.0395635 3.96% $2,110.79
Goleta 32,112 0.0957538 9.58% $5,108.66
Lompoc 43,644 0.1301407 13.01% $6,943.27
Santa Barbara 0.2779849 27.80% $14,831.05
Solvang 5,553 0.0165583 1.66% $883.42
Total 335,360 1.00 100% $53,352.00
93,225
Year 2 Estimates
22