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HomeMy WebLinkAboutCalifornia Conference of Directors of Environmental Health-Microenterprise Home Kitchen Operation Assistance Program_A-24-324.pdf coU� Count of Fresno Hall of Records,Room 301 Y 2281 Tulare Street I Fresno,California +" Board of Supervisors 93721-2198 O� 1850 Telephone:(559)600-3529 PR Minute Minute Order Toll Free: 1-800-742-1011 www.fresnocountyca.gov June 18, 2024 Present: 5- Supervisor Steve Brandau,Chairman Nathan Magsig,Vice Chairman Buddy Mendes, Supervisor Brian Pacheco,and Supervisor Sal Quintero Agenda No. 62. Public Health File ID:24-0317 Re: Retroactively approve and authorize the Department of Public Health's previous submittal of a letter of intent to apply to the California Conference of Directors of Environmental Health for Microenterprise Home Kitchen Operations grant funds;approve and authorize the Chairman to execute an Agreement with the California Conference of Directors of Environmental Health for the Microenterprise Home Kitchen Operations Grant effective June 30,2024 through May 31,2025,total not to exceed$155,452; and approve and authorize the Director of the Department of Public Health,or designee,to be the signatory on behalf of the Board of Supervisors on associated grant agreement documents, expenditure forms and reports APPROVED AS RECOMMENDED Ayes: 5- Brandau, Magsig, Mendes, Pacheco,and Quintero Agreement No.24-324 County of Fresno Page 66 cove �� Board Agenda Item 62 0 1856 o PIZ 1-n DATE: June 18, 2024 TO: Board of Supervisors SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health SUBJECT: Retroactive Intent to Apply and Grant Agreement with the California Conference of Directors of Environmental Health RECOMMENDED ACTION(S): 1. Retroactively approve and authorize the Department of Public Health's previous submittal of a letter of intent to apply to the California Conference of Directors of Environmental Health for Microenterprise Home Kitchen Operations grant funds; 2. Approve and authorize the Chairman to execute an Agreement with the California Conference of Directors of Environmental Health for the Microenterprise Home Kitchen Operations Grant effective June 30, 2024 through May 31, 2025,total not to exceed$155,452; and 3. Approve and authorize the Director of the Department of Public Health, or designee, to be the signatory on behalf of the Board of Supervisors on associated grant agreement documents, expenditure forms and reports. Approval of the first recommended action will authorize the retroactive submission of a letter of intent to apply to the California Conference of Directors of Environmental Health (CCDEH)for grant funds to evaluate the feasibility allowing Microenterprise Home Kitchen Operations (MEHKO)to operate in the County. It should be noted that the Department of Public Health (Department) learned of this grant opportunity on November 29, 2023. To meet the deadline to submit the letter of intent to apply on January 16, 2024, it was submitted on January 16, 2024 contingent upon your Board's approval. Approval of the second recommended action will allow the County,through its Department of Public Health, to utilize the MEHKO grant funding to fund the resources needed to monitor legislative action, conduct research, and survey other California counties who have authorized MEHKOs regarding their policies and procedures. Approval of the third recommended action will allow the Department of Public Health Director, or designee, to submit required grant items and reports, excluding budget or contract amendments, on behalf of the County. This item is countywide. ALTERNATIVE ACTION(S): There are no viable alternative actions. If the Board does not approve the recommended actions, the County will not be able to utilize awarded CCDEH grant funds to assess MEHKO operation in the County. FISCAL IMPACT: County of Fresno page 1 File Number.24-0317 File Number. 24-0317 There is no increase in Net County Cost associated with the recommended actions. The grant award will provide$155,452 from June 30, 2024 through May 31, 2025. The grant is non-competitive, and the County is not required to provide matching funds. Sufficient appropriations and estimated revenues will be included in the Department's Org 5620 FY 2024-25 Recommended Budget. DISCUSSION: On September 18, 2018, Governor Jerry Brown signed Assembly Bill (AB)626, which took effect January 1, 2019. AB 626 amended the California Health and Safety Code to include MEHKOs as a new type of retail food facility that's operated by a resident in their private dwelling where food is stored, handled, prepared, and potentially served to consumers. The bill also established requirements for internet food service intermediary(IFSI)entities, which facilitate the sale of home cooked consumables through an internet or mobile platform. MEHKO operators may use IFSls to advertise and sell their food. IFSls are required to obtain a registration from the California Department of Public Health - Food and Drug Branch prior to advertising or promoting MEHKOs on their internet web site or mobile application. On October 7, 2019, AB 377 introduced minor changes to AB 626 and granted counties full discretion to authorize MEHKOs within their jurisdiction. Since AB 626 was enacted, there have been several minor changes to MEHKO operations ratified through Senate and Assembly Bills. On November 29, 2023, the Department received notification from CCDEH regarding the grant opportunity. After internal discussions and with the understanding a subsequent grant application would be released, the Department submitted the letter of intent to apply to CCDEH on January 16, 2024. On February 15, 2024, CCDEH issued a grant notification award and acceptance of agreement. The Department contacted CCDEH requesting written direction around how the grant funds are to be spent and whether accepting the funding requires the County to adopt a MEHKO ordinance. CCDEH provided a more detailed document on March 12, 2024 with allowable and unallowable costs. The grant funding is to be used for direct support in planning for and/or implementing a MEHKO program, including program development, public outreach, staff training, offsetting permit fees and enforcement. This document further clarified counties are not required to adopt a MEHKO ordinance by accepting and expending the grand funds. If approved by the Board, the grant will be used to fund program activities and staff salaries and benefits for time spent monitoring proposed and approved legislation, conducting research, gathering information from other counties regarding their experience with MEHKO, addressing inquiries from the public, and compiling data. As funding and time permits, the Department will also hold outreach events to educate the public and/or host community roundtables to solicit stakeholder feedback. ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk- Letter of Intent to Apply On file with Clerk-Agreement with CCDEH CAO ANALYST: Ronald W.Alexander, Jr. County of Fresno page 2 File Number.24-0317 \\IIIII/i/ California Conference of Directors of Enuiroomental Health February 15, 2024 Fresno County Environmental Health Attention: Amy Jones 1221 Fulton Street Fresno, CA 93721 MEHKO AB 178 Grant Award Notification/Acceptance Agreement Thank you for submitting your Letter of Intent for the AB 178 Local Government Microenterprise Home Kitchen Operation (MEHKO) Assistance Program. Based on the information in your letter of intent, you are considering an ordinance to allow for MEHKOs, even if discussions are preliminary, or you anticipate consideration in the next 12 months. In accordance with this state-funded grant program as described in the enabling legislation and the grant agreement between the Workforce Development Board (WDB) and CCDEH, some funding will be provided to qualifying local environmental health departments that have applied for the funding. Based on the grant allocation formula approved by the CCDEH Executive Committee, the Grant Allocation amount awarded to the Fresno County Environmental Health jurisdiction will be S 155,451.75. This funding is to be used for direct support in implementing the MEHKO program, including program development, public outreach, offsetting permit fees, and enforcement. This assistance will be augmented by technical assistance provided through the California Conference of Directors of Enviromnental Health (CCDEH). To receive this funding, your jurisdiction will need to sign and submit the Grant Acceptance Agreement For n (see page 2) by May 15, 2024, and then funds will be disbursed by June 30, 2024. This may be done via PDF signature, Docu-sign or a wet signature mailed to the P.O. Box on the Grant Acceptance Agreement form (see page 2). e P.O. Box 2017 0 Cameron Park, CA 95682-2017 0 Phone(530)676-0715 0 wVjw.ccdeh.orq Page 1 of Agreement No. 24-324 MEHKO BLOCK GRANT ACCEPTANCE AGREEMENT 1. JURISDICTION: Fresno County Environmental Health 2. GRAFT AMOUNT Total Grant Amount Awarded to Jurisdiction $ 155,451.75 3. AWARDED FUNDING If awarded funding through this program,your jurisdiction will need to provide the following verification of compliance with the eligible use of these funds as follows: All funds are to be encumbered by June 30, 2024, and expended by May 31, 2025 A final report on or before May 31, 2025, describing all activities undertaken and an accounting of all grant funds expended. Supporting documentation may include approved budgets, timesheets, or other documents to verify eligible expenditures. 4. CERTIFICATION I certify under penalty of perjury that the information I have entered on this agreement is true and complete to the best of my knowledge and that I am an employee of the applicant authorized to submit the application. I further certify that I am authorized to receive money for procurement of the items herein. All procedures and mandates have been followed in the preparation of this agreement, including financial procurement and when approvals are necessary from the governing body. Any false or incorrect statements may result in the disqualification of this application. By signing this agreement, I waive any and all rights to privacy and confidentiality of the information regarding expenditure of these,funds. Nathan Magsig, Chairman of the Board of Supervisors of the County of Fresno Signature: Date: (o Submit signed agreement to: ATTEST: g g BERNICE E.SEIDEL Sheryl Baldwin, Grant Manager Clerk of the Board of Supervisors P.O. Box 2017 County of Fresno,State of California Cameron Park, CA 95682-2017 By Deputy Phone: (530) 676-0715 email to Shea 1pccdeh.co n 0 P.O. Box 2017 0 Cameron Park,CA 95682-2017 0 Phone(530)676-0715 0 vuv,rm.cccleh.orCJ Page 2 of 2 FOR ACCOUNTING USE ONLY: Acct: 3530 Fund: 0080 Org: 1156 Subclass: 17356 % Grant Timeline: I \ Notice of intent to apply due 1/16/2024 CCDEH Notice to award 2/15/2024 Applications due May 15, 2024 Funds Disbursement June 30, 2024 California Confo rent o, www.ccdeh.org of Directors of .......... L O CA L GO V E-ROPIME U MEHKO ASS9S ti O X CE PROGR RN LETTER OF 0TEXT to app8y ©rye Januagy 16, 202 1. ENTITY INFORMATION Name of Jurisdiction: County of Fresno Department of Public Health Name of Department Head, Director or Designee: David Luchini, RN, PHN Address: 1221 Fulton Street City, State, Zip Code: Fresno, CA 93721 Phone: 559-600-6401 Website:https.11www.fresnocountyca.gov/Departments/Public-Health E-Mail Address: dluchini@fresnocountyca.gov Nam of Grant Contact: Amy Jones Address: 1221 Fulton Street City, State, Zip Code: Fresno, CA 93721 Phone: 559-600-4036 Email Address: aryals@fresnocountyca.gov Number of retail food facilities in your jurisdiction: 6,504 Number of permanent or pilot MEHKO operations permitted in your jurisdiction: None at this time. Do you have an ordinance in place authorizing a MEHKO program in your jurisdiction? YES or,"NO If YES, when was it adopted? N/A If No, is your jurisdiction considering an ordinance to allow for MEHKOs, even if discussions are preliminary, or do you anticipate consideration in the next 12 months?. The Department of Public Health is consulting with the County's Board of Supervisors and having preliminary discussions with community-based organizations to solicit their feedback. Page Letter of Intent 1 of 4 2. GRANT PURPOSE The purpose of this state-funded grant program as described in the enabling legislation and the grant agreement between the Workforce Development Board (WDB) and CCDEH is to"to assist local health departments and city code enforcement agencies to apply for reimbursements for costs incurred from the development of application forms, permitting processes, and initial site inspections and for city code enforcement activities related to Micro Enterprise Home Kitchen Operations (MEHKOs) in accordance with Assembly Bill AB 178 — Budget Act of 2022". This grant program is being administered by CCDEH under the direction or the California Workforce Development Board (WDB). Per WDB and CCDEH contract, $2,612,000.00 is available during fiscal years 2023/24 to local governments for direct support in implementing the MEHKO program, including program development, public outreach, offsetting permit fees, and enforcement. This assistance will be augmented by technical assistance provided through the California Conference of Directors of Environmental health (CCDEH). Funding will be provided to qualifying local EH and code enforcement agencies that have applied for funding by or before the application deadline. Grant allocation breakdown to the local retail food enforcement agencies is: • 25% to local environmental health departments with adopted MEHKO ordinance based on number of permitted MEHKOs as of December 31, 2022. • 50% to local environmental health departments in process of or considering approving a MEHKO ordinance. • 25% to all local environmental health departments across state based on total number of permitted retail food facilities, incorporating a maximum for very large jurisdictions and a base-minimum for smaller jurisdictions. Local Environmental Health Departments will receive some of this grant allocation provided you submit this Letter of Intent. The grant dollar amount allocation will be evaluated once the deadline has passed and the Executive Committee approves the recommended allocation formula. 3. SIGNATURE Director/Departmen ead or A Pesignee VIN o=Fresno County Departmanlol Date: Olu Signature: Public Health,ou=Dep....ty Head, mail= chinl(Qhe sn occunryco.pav Printed name of Director/Department Head or Authorized Designee: David Luchini Send completed Letter of intent to: Sheryl Baldwin, Grant Manager PO Box 2017 Cameron Park, CA 95682-2017 Phone: (530) 676-0715 email to: SherylCa_ccdeh.com www.ccdeh.org Page 4 of 4 ITEM wZ. w/; lLuL y From: Lauren Wolfer <lauren@cookalliance.org> Sent: Tuesday,June 18, 2024 9:28 AM To: Clerk/BOS Subject: Public Comment: Item 62 (MEHKO Grant) CAUTION!!! - EXTERNAL EMAIL-THINK BEFORE YOU CLICK Good Morning Board of Supervisors, My name is Lauren Wolfer and I am speaking today in favor of Item 62, in my role as Outreach and Advocacy Director for COOK Alliance, a nonprofit committed to legitimizing the sale of home cooked food. Our organization has actively supported permitted home-based culinary businesses across the state with education and resources and have seen the success first hand. We have worked with counties and environmental health departments throughout the state on implementation of Microenterprise Home Kitchen Operation (or MEHKO for short) programs and have collected data and tracked progress. We are thrilled to see Fresno County receive this grant funding and urge the Board to move forward swiftly with the implementation of a MEHKO program. A MEHKO program will enhance food safety and make more education and resources available to the home cooks that are already operating informally in the shadows. This would also provide the community with access to one of the most affordable pathways to culinary entrepreneurship, fostering the creation of new small businesses and creating more dining opportunities within the county. The County of San Diego began their MEHKO program with a successful two year pilot program and voted last fall to make their program permanent. During this initial two year period, there were no major risk factor violations observed, no reports of food borne illness, and no reports of community impact complaints. This reflects the pattern we have seen across California. Our organization hopes to work with your health department and local nonprofits to provide education, outreach, resources, and support with the goal of helping to build new local businesses and cultivating the community. We are also in the process of disbursing $1.5M in state-funded equity grants through our education program, COOK Academy. Cook Academy is an eight-week online course that teaches essential business skills and provides a $3,000 grant upon completion to empower home cooks in establishing their own MEHKO business. Residents of Fresno County will be eligible for these grants if the County establishes a MEHKO program. Thank you for your time and consideration. We look forward to working with you to promote a culinary industry that is inclusive and supportive of economic growth for all. With appreciation, Lauren i ( I Lauren Wolfer Outreach and Advocacy Director cookalliance.orq 760-831-6553 she/her/hers 2