ITEM 4. 4
CITY MANAGER' S REPORT
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
22- 435 OF THE CITY OF LATHROP AMENDING THE
LATHROP MUNICIPAL CODE TITLE 8 HEALTH AND
SAFETY", CHAPTER 8. 16 ENTITLED GARBAGE
COLLECTION AND DISPOSAL", SECTION 8. 16. 010
ENTITLED DEFINITIONS" AND ADDING A NEW
SECTION 8. 16. 310 ENTITLED EDIBLE FOOD
RECOVERY
RECOMMENDATION: Waive Full Reading And Adopt Ordinance 22- 435 Amending The Lathrop Municipal Code Title 8
Health And Safety", Chapter 8. 16 Entitled " Garbage
Collection And Disposal", Section 8. 16. 010 Entitled
Definitions" And Adding A New Section 8. 16. 310
Entitled Edible Food Recovery
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 22- 435 entitled:
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP MUNICIPAL CODE TITLE 8 HEALTH AND SAFETY", CHAPTER 8. 16 ENTITLED GARBAGE COLLECTION AND DISPOSAL", SECTION 8. 16. 010 ENTITLED DEFINITIONS" AND ADDING A NEW SECTION 8. 16. 310 ENTITLED " EDIBLE FOOD RECOVERY"
SUMMARY:
On May 16, 2022, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Diallo, Lazard, and, Torres- O' Callaghan NOES: None
ABSTAIN: None
ABSENT: Dhaliwal
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
G
T resa Vargas, City er Date
ORDINANCE NO. 22- 435
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP MUNICIPAL CODE TITLE 8 HEALTH AND SAFETY", CHAPTER
8. 16 ENTITLED GARBAGE COLLECTION AND DISPOSAL", SECTION 8. 16. 010 ENTITLED DEFINITIONS" AND ADDING A NEW SECTION 8. 16. 310 ENTITLED EDIBLE FOOD RECOVERY"
WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a special meeting on May 16, 2022 to review and consider this Ordinance; and WHEREAS, the proposed municipal code text amendment is citywide and affects all applicable properties in the City; and
WHEREAS, this Ordinance will 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, it is appropriate to amend section 8. 16. 010 to include Definitions" and add section 8. 16. 310 to include " Edible Food Recovery" to incorporate the requirements of SB 1383; and
WHEREAS, the City Council desires to amend its Garbage Collection and Disposal Ordinance to comply with the SB 1383 Regulations; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 8. 16 of the Lathrop Municipal Code entitled Garbage Collection and Disposal" is amended as follows:
A. Section 8. 16. 010 entitled " Definitions" is amended to add the following to be codified in alphabetical order in addition to existing definitions:
Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this section.
Edible Food" means food intended for human consumption.
Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.
Ordinance No. 22- 435
Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed.
Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities including:
a. A food bank;
b. A nonprofit charitable organization; and
c. A nonprofit charitable temporary food.
Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.
Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2, 000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2, 000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility.
Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of City regulations related to Solid Waste.
Supermarket" means a full- line, self-service retail store with gross annual sales of two million dollars ($ 2, 000, 000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:
d. Supermarket.
e. Grocery Store with a total facility size equal to or greater than 10, 000 square feet.
Ordinance No. 22- 435
f. Food Service Provider.
g. Food Distributor.
h. Wholesale Food Vendor.
Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:
i. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5, 000 square feet.
j. Hotel with an on- site Food Facility and 200 or more rooms. k. Health facility with an on- site Food Facility and 100 or more beds.
I. Large Venue.
m. Large Event.
n. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5, 000 square feet. o. A Local Education Agency facility with an on- site Food Facility.
Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food ( including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
B. A new Section 8. 16. 310 entitled Edible Food Recovery" is added to read as follows:
A. Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.
B. Large Venue or Large Event operators not providing Food Services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing ) anuary 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
Ordinance No. 22- 435
2. Contract or enter into a written agreement with Food Recovery Organizations or Food Recovery Service for: (i) the collection of Edible Food for Food Recovery; or ( ii) acceptance of the Edible Food that the Commercial Edible Food Generator self- hauls to the Food Recovery Organization for Food Recovery.
3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
4. Allow the San ) oaquin County Environmental Health Department, or the City' s designated enforcement entity or designated third party enforcement entity to access the premises and review records.
5. Keep records that include the following information:
a. A list of each Food Recovery Service or Organization that collects or receives its Edible Food pursuant to a contract or written agreement.
b. A copy of all contracts or written agreements.
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
1. The name, address, and contact information of the
Food Recovery Service or Food Recovery
Organization.
2. The types of food that will be collected by or Selfhauled to the Food Recovery Service or Food Recovery Organization.
3. The established frequency that food will be collected or Self- hauled.
4. The quantity of food, measured in pounds recovered
per month, collected or Self- hauled to a Food
Recovery Service or Food Recovery Organization for
Food Recovery.
D. The City may adopt a fee by resolution to charge Commercial Edible Food Generators for the San Joaquin County Environmental Health Department' s time to implement inspection, record keeping, and enforcement provisions for Commercial Edible Food Generators.
E. Requirements for Food Recovery Organizations and Services:
Ordinance No. 22- 435
I. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement shall maintain the following records,
a. The name, address, and contact information for each
Commercial Edible Food Generator from which the service collects Edible Food.
b. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
c. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
d. The name, address, and contact information for each Food Recovery Organization for which the Food Recovery Service transports Edible Food for Food Recovery.
II. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement shall maintain the following records, a. The name, address, and contact information for each
Commercial Edible Food Generator from which the organization receives Edible Food.
b. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
c. The name, address, and contact information for each Food Recovery Service from which the organization receives Edible Food for Food Recovery.
F. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food shall report to the City it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with no later than March 1, July 1, and September 1 annually.
G. In order to support Edible Food Recovery capacity planning assessments or other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
Ordinance No. 22- 435
H. The City may adopt a fee by resolution to charge Food Recovery Services and Food Recovery Organizations operating in the City for the San Joaquin County Environmental Health Department' s time to implement inspection, record keeping, and enforcement provisions for Food Recovery Services and Food Recovery Organizations operating in the City.
I. The City or its Designee may, from time to time, inspect all premises within the City to determine compliance with and to enforce the provisions of this chapter.
J. City representatives and/ or its Designees are authorized to conduct Inspections and investigations, Commercial Edible Food Generators, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.
K. The regulated entity shall provide or arrange for access during all Inspections and shall cooperate with the City' s employee or its Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of Edible Food Recovery activities, records, or any other requirement described herein.
L. City representatives, its Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
M. Beginning January 1, 2022 and through December 31, 2023, the City or its Designee will conduct Inspections and Compliance Reviews, to determine compliance with the SB 1383 Regulations, and if the City determines that an Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other generator is not in compliance, it shall provide educational materials describing its obligations under this chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to penalties starting on January 1, 2024.
Section 2. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severabilitv. If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Ordinance No. 22- 435
Section 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. Publication. The City Clerk shall certify to the adoption of this ordinance and shall publish a summary thereof and post a certified copy of the full ordinance in the office of the City Clerk at least five days prior to the adoption of the proposed ordinance; and within fifteen days after adoption, the City Clerk shall publish a summary of the ordinance with the names of the members of the City of Lathrop City Council voting for and against the same.
THIS ORDINANCE was regularly introduced at a Special Meeting of the City Council of the City of Lathrop on the 16th day of May, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on day of by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22- 435