CITY OF POMONA
COUNCIL REPORT
August 7, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rene Guerrero, Public Works Director
SUBJECT: APPROVE A MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS FOR PARTICIPATION IN THE REGIONAL EDIBLE FOOD RECOVERY PROGRAM FOR COMPLIANCE WITH SB 1383 REGULATIONS RECOMMENDATION:
It is recommended that the City Council take the following actions:
Approve the Memorandum of Agreement with the San Gabriel Valley Council of Governments to provide inspection and compliance review of Tier 1 and Tier 2 edible food generators and documentation of contracts with food recovery organizations, and to provide funding for necessary staffing and equipment to increase the capacity of edible food recovery in our region in an amount not-to-exceed $110,579 through August 1, 2024; and Authorize the City Manager to execute the agreement and future amendments subject to review by the City Attorney.
EXECUTIVE SUMMARY: Approval of the proposed action will allow the City to enter into a Memorandum of Agreement (MOA) (Attachment No. 1) with the Southern Gabriel Valley Council of Governments (SGVCOG) to participate in the regional edible food recovery program to meet the requirements and guidelines of Senate Bill 1383 (SB 1383).
FISCAL IMPACT: There is no General Fund impact with this MOA. The City’s participation in the regional food recovery program is fully funded through the exclusive franchise hauler edible food recovery fees received from Athens Services every fiscal year. The estimated cost for inspections and compliance review of Edible Food Generators (EFG) and the contribution toward the Food Recovery Hub Grant Program will cost $110,579 and will be paid from the Refuse Administration Special Revenue Fund (145-2553-52285-00000).
DISCUSSION:
SB 1383 was signed into law in 2016 as a statewide effort to reduce methane emissions created by organic waste, including the recovery of at least 20% of the edible food traditionally sent to landfills by food generators such as grocery stores, restaurants, wholesale food vendors, etc. CalRecycle, the state regulatory agency enforcing SB 1383, recommends a regional approach for edible food recovery programs. Over the last two years, staff has been working with the SGVCOG, R3 Consulting Group, and various stakeholders to develop a plan to achieve compliance with SB 1383. The new exclusive franchise hauler agreement with Athens Services provides enhanced organic waste services and outreach programs that will ensure the City is prepared to meet the requirements of SB 1383. This includes fees paid to the City annually to fund an edible food recovery program.
Under Senate Bill 1383, EFGs such as food wholesalers, supermarkets, and restaurants, must donate surplus food to be recovered for human consumption. Increases in these types of donations require expanded capacity at food recovery organizations (FROs), food recovery services (FRSs), food pantries, and feeding sites in order to receive and manage the additional food. Large edible food donations can be challenging for non-profits to accept and redistribute in manageable quantities. Practices for safe food handling and proper disposal of food waste must be implemented. To meet existing and future requirements, coordinated efforts are needed to allow for collaborative solutions for additional resources to collect, transport, and store surplus food.
The City participated in the SGVCOG Regional Edible Food Recovery program in FY 2021-22, which included an edible food capacity assessment, outreach and education to EFGs, and a final report on their findings in March 2022 completed by SCS Engineers, a consultant paid through the SGVCOG. The new MOA with the SGVCOG includes an expansion of the Regional Edible Food Recovery Program that includes Phase 1, Task 2: Development and implementation of a food recovery inspection program from August 7, 2023 to August 1, 2024. The cost to administer Task 2 was calculated based on the estimated number of Tier 1 & Tier 2 EFGs that will be required to participate in the program and the number of San Gabriel Valley cities participating in the implementation and inspection program.
Tier 1 businesses typically have more produce, fresh grocery, and shelf-stable foods to donate such as wholesale food vendors, food service providers, food distributors, and grocery stores and supermarkets over 10,000 square feet (sq ft.).
Tier 2 businesses typically have more prepared foods to donate, which require more careful handling to meet food safety requirements (i.e. time and temperature controls). Tier 2 businesses include restaurants over 5,000 sq. ft., hotels with an on-site food facility and 200+ rooms, health facilities with an on-site food facility and 100+ beds, large venues and events, local education agencies with an on-site food facility, and State-agency cafeterias over 5,000 sq. ft. or 250+ seats.
With help from SCS Engineers, the SGVCOG has identified thirty-one (31) Tier 1 and twenty-one (21) Tier 2 businesses currently required to participate. The list will be reviewed and adjusted annually by SCS Engineers, on behalf of the SGVCOG, to provide inspection reports and records documenting agreements between EFGs and FROs for the donation of food for the benefit of the Pomona community.
The SGVCOG is also coordinating a Food Recovery Hub Grant Program (Phase 2, Task 4) and has requested an additional one-time fee of $500 per EFG to fund food recovery hub expenses that can include costs for staffing, equipment, and facility improvements. Pomona’s proposed food recovery hub will be located at God’s Pantry. They will be the recipient of additional funding, via the SGVCOG, which is supported by the City of Pomona’s contribution. God’s Pantry is a food recovery organization that is located in the City of Pomona and not only collects and distributes food to residents of Pomona, but provides a comprehensive array of supportive services, including job training and classes. The administrative costs associated with project management, outreach, and education plan are included in Phase 2, Tasks 3 and 5.
Prepared by:
Elisa Mitchell
Management Analyst
ATTACHMENT(S):
Attachment No. 1 – Proposed MOA and Scope of Work
Approval of MOA with SGVCOG for Edible Food Recovery
August 7, 2023