REPORT TO COUNCIL
SUBJECT
Title
Action on Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Countywide Food Recovery Program
Report
COUNCIL PILLAR
Promote Sustainability and Environmental Protection
BACKGROUND
In 2016, California Senate Bill 1383 (SB 1383) was adopted, setting goals to reduce the disposal of organic waste in landfills in an effort to reduce greenhouse gas emissions and address food insecurity. California sends 11.2 billion pounds of food to landfills annually, some of which is still fresh enough to have been recovered to feed people in need, while 9.2 million Californians experienced food insecurity in 2020. In November 2020 the Department of Resources Recycling and Recovery (CalRecycle) developed regulations requiring jurisdictions to establish edible food recovery programs to recover 20 percent of edible food that would otherwise be sent to landfills to feed people in need.
The Santa Clara County Recycling and Waste Reduction Commission (RWRC) entered into an agreement with Joint Venture Silicon Valley (JVSV) to develop and manage a countywide edible food recovery program (Program) to take advantage of economies of scale. In December 2021 the City adopted Ordinance 2035 which established Chapter 8.26 of “The Code of the City of Santa Clara, California” entitled “Edible Food Recovery.” Other jurisdictions in Santa Clara County adopted similar ordinances to ensure uniform requirements throughout the county to make it easier for businesses with locations in multiple cities and food recovery organizations to implement requirements because their food recovery efforts often cross jurisdictional boundaries.
On May 23, 2023, the City Council adopted a one-year term Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs (MOU) to define participant roles and funding levels, which expires on June 30, 2024.
DISCUSSION
There are 2,077 edible food generators located in the County, which are required to arrange food recovery through a contract or written agreement with food recovery organizations or services that will collect or accept self-hauled edible food for food recovery. The edible food generators include:
• wholesale food vendors
• food service providers and distributors
• grocery stores over 10,000 square feet
• supermarkets
• restaurants over 5,000 square feet
• hotels with 200 or more rooms and on-site food facilities
• local education agencies with on-site food facilities
• large venues/events
• health facilities with at least 100 beds and on-site food facilities
A Memorandum of Understanding (MOU) Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs (Attachment 1) has been developed to establish ongoing management and operation of the food recovery program and fund the cost of the Program to satisfy SB 1383 requirements. The County of Santa Clara, as well as each city and town within the county, will be responsible for paying a share of the program under the MOU.
The base program jurisdiction contributions are calculated at $139.39 per generator applied to the number of generators within the jurisdiction. The City of Santa Clara has 206 generators so the City’s base program contract cost is $28,714 in FY 2024/25. The MOU stipulates that the annual base program budget will not increase by more 10 percent of the prior year’s budget without prior approval by the RWRC. The base program services performed by the Program for each jurisdiction include:
• Review and update the lists of edible food generators
• Provide information and data for inclusion in reports to CalRecycle
• Provide education and outreach to generators
• Coordinate with food recovery organizations to compile reports
• Conduct inspections and monitor generators and food recovery organizations
• Maintain a list of food recovery organizations and services
• Prepare an annual report on program activities
The City will also contribute $23,772 toward infrastructure enhancements in FY 2024/25. This contribution is optional and only the jurisdictions paying for services above the base program will receive the services. The infrastructure enhancement contribution can be modified in future years at the City’s discretion. The infrastructure enhancement services include:
• Develop technical assistance partnerships to stimulate the upcycling of food that would ordinarily go to waste by using it as an ingredient to create another food
• Outreach to generators to help take advantage of tax benefits related to food donation
• Develop and implement food recovery model program and provide reusable resources to better enable food recovery for school campuses
• Leverage backhauling by third-party providers that have refrigerated trucks on routes on a regular basis
The MOU does not have an expiration, but any party may withdraw on July 1 of each year after providing notice to the RWRC at least 11 months prior. Signatures on the final MOU document will be obtained electronically through DocuSign to enable each participating jurisdiction to execute the same document.
ENVIRONMENTAL REVIEW
This action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonable foreseeable indirect change in the environment.
FISCAL IMPACT
The total FY 2024/25 contribution to the Countywide Food Recovery Program is $52,486 ($28,714 base costs and $23,772 for enhanced services). The City’s contributions in FY 2024/25 and FY 2025/26 will be funded entirely by SB 1383 Local Assistance Grant funds awarded by CalRecycle to be spent between May 1, 2024 through April 30, 2026, which is appropriated in the Solid Waste Fund operating budget.
COORDINATION
This report has been coordinated with the City Attorney’s Office and the City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Approve and authorize the City Manager to execute a Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Countywide Food Recovery Program, in a final form approved by the City Attorney.
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. MOU Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs