TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kim Summers, City Manager
PREPARED BY: Isaac Bravo, Management Analyst
SUBJECT:
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First Amendment to an Agreement with Western Riverside Council of Governments for Regional Food Recovery and Local Assistance Program
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RECOMMENDATION
recommendation
Approve the First Amendment to the Agreement with Western Riverside Council of Governments in the amount of $56,438 for services related to edible food recovery and local assistance for local commercial food generators implementing SB 1383 requirements and extending the agreement by one year; and
Authorize the City Manager to execute the agreement.
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PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.
BACKGROUND
Senate Bill 1383 (SB 1383) is landmark solid waste legislation enacted in 2016 that aims to reduce greenhouse gas emissions in California by 2030. The legislation mandates that cities throughout the State comply with the regulation, which includes organic waste diversion and food recovery from commercial retail establishments, such as grocery stores, wholesale food vendors, food service providers, and food distributors (Tier 1 generators), and restaurants, hotels, health facilities, and local education agencies with on-site food (Tier 2 generators). The California Department of Resources Recycling and Recovery (CalRecycle) oversees SB 1383 implementation throughout the State. The City is required to enact SB 1383 requirements locally and to maintain an implementation record as part of compliance with the law.
To assist cities with compliance with the food recovery requirement, the Western Riverside Council of Governments (WRCOG) instituted a regional program to meet the State’s requirements specific to edible food recovery. WRCOG member agencies have the option to participate in this program. The cost to participate is shared with proportionally based on the size of each participating city. For Murrieta (City), participating in a regional program is a cost-effective approach to meeting the SB 1383 food recovery requirements because there is an economy of scale versus the City developing and managing its own program.
On September 12, 2023, the City entered into an agreement with WRCOG to participate in the program, along with four other municipal agencies (Jurupa Valley, Moreno Valley, Perris, and San Jacinto). The City’s cost for participating in the program was $68,999. The scope of services for the first year included, development and implementation of the food recovery program, educating businesses regarding food donation obligations, increasing access to food recovery services, identifying any gaps in edible food recovery capacity, and closing identified gaps.
The consultant hired by WRCOG to lead the program’s efforts, MSW Consultants (MSW), conducted extensive outreach including a virtual workshop for all businesses within each agency’s area and in-person site visits for Tier 1 and 2 generators. Through this program, in Murrieta, 32 businesses were identified as Tier 1 or 2 generators and were educated regarding food recovery efforts, along with eight food rescue organizations. Additionally, 18 Murrieta Valley Unified School District schools were contacted since schools are also considered Tier 2 generators.
Through this program with WRCOG, local applicable businesses were also signed up for the Careit application, which is a web-based application that allows for easier food recuperation efforts. It meets the State’s requirements for “established contracts,” and is available to the businesses at no cost due to the City’s enrollment in WRCOG’s program. Careit enables businesses to flag donations as “available” in the app to then connect with local food rescue organizations for collection and diversion of that food. Additionally, two other food rescue organizations were identified during MSW’s review and added as potential food rescue partners for Tier 1 and 2 generators. In total, there are eight food rescue organizations operating in Murrieta, which in 2023 rescued 1,888,485 pounds of food, then distributing it to food insecure individuals, preventing it from going to the landfill, which reduces greenhouse gas emissions and saves the cost of disposing that food in a landfill.
The first amendment to the agreement (Attachment 1) extends the performance period with WRCOG and their consultant MSW for an additional year to August 1, 2025. The scope of work remains the same, with the exception that the emphasis of the program is shifting from solely education and outreach to weaving in more attention to compliance with the SB 1383 requirements, which is what CalRecycle is mandating of the City.
FISCAL IMPACT
There is no fiscal impact to the General Fund for participation in this program. The City has obtained and programmed funding through a State grant (OWR4) specifically for implementing programs to comply with SB 1383. Participation in WRCOG’s food recovery program is an eligible expense for this grant. The grant fund expenditure budget is available in account 3530010-60000 / 50159353-60000.
ATTACHMENTS
1. Proposed Amendment No. 1
2. Executed Agreement with Western Riverside Council of Governments