TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Justin Clifton, City Manager
PREPARED BY: Pedro Cevallos, Management Analyst
SUBJECT:
title
Second Amendment to an Agreement with Western Riverside Council of Governments for Regional Food Recovery and Local Assistance Program
end

RECOMMENDATION
recommendation
Approve the Second Amendment to the Agreement with Western Riverside Council of Governments in the amount of $56,438, and extend the agreement term by one year for services related to edible food recovery and local assistance for local commercial food generators in compliance with Senate Bill (SB) 1383 requirements; and
Authorize the City Manager to execute the Second Amendment, in a form as approved by the City Attorney.
body
PRIOR ACTION/VOTE
On August 20, 2024, the City Council approved the First Amendment to an Agreement with Western Riverside Council of Governments for services related to edible food recovery and local assistance for local commercial food generators implementing SB 1383 requirements (Vote: 5-0).
CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.
BACKGROUND
Senate Bill 1383, enacted in 2016, aims to reduce greenhouse gas emissions in California by requiring statewide organic waste diversion and edible food recovery. The law applies to Tier 1 generators (e.g., grocery stores, food distributors) and Tier 2 generators (e.g., restaurants, hotels, and schools with on-site food facilities). The California Department of Resources Recycling and Recovery (CalRecycle) oversees implementation. The City of Murrieta (City) has adopted local measures and maintains records to ensure compliance.
To support cities with SB 1383’s food recovery requirements, Western Riverside Council of Governments (WRCOG) established a regional edible food recovery program. Member agencies, including Murrieta, may opt in, with costs allocated proportionally based on city size. Murrieta participates in the program, which is currently funded through grant support and offers an efficient approach to fulfilling the State’s obligations.
On September 12, 2023, the City entered into an agreement with WRCOG to participate in the regional food recovery program, along with four other municipal agencies (Jurupa Valley, Moreno Valley, Perris, and San Jacinto). The City’s initial annual cost was $68,999, which covered program development, business outreach for food donation obligations, expanded access to food recovery services, capacity assessments, gap-closure strategies. A First Amendment extended the agreement through August 1, 2025, at an additional annual cost of $56,438. The scope of services under the amendment remained the same.
Through the program, WRCOG’s consultant, MSW Consultants (MSW), has worked with 29 active Tier 1 and Tier 2 food generators and four (4) food recovery organizations in Murrieta. As of the most recent review, 97% of food generators were in compliance with SB 1383 requirements, along with 100% compliance from food recovery organizations. In 2024, local food recovery organizations redistributed 1,994,293 pounds of edible food, helping to support food-insecure individuals while reducing landfill waste and greenhouse gas emissions.
The Second Amendment to the Agreement (Attachment 1) extends the performance period with WRCOG through June 30, 2026. The scope of work remains unchanged, with continued emphasis on compliance monitoring and recordkeeping.
FISCAL IMPACT
The City has programmed funding through a State OWR4 grant to support the implementation of programs required under SB 1383. Participation in WRCOG’s food recovery program is an eligible use of these grant funds.
The approval of staff’s recommendation will require an amendment to the Fiscal Year 2025/26 operating budget by establishing a revenue budget of $56,438 in account 3530010-42221/50159353-42221 and expenditure appropriation of $56,438 in account 3530010-60480/50159353-60480 to cover program participation costs.
ATTACHMENTS
1. Proposed Second Amendment to Agreement with Western Riverside Council of Governments