HomeMy WebLinkAbout7262 RESOLUTION NO. 7262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, OPPOSING ASSEMBLY BILL 377 (GARCIA), RELATED TO
PERMITTING AND REGULATION OF MICROENTERPRISE HOME
KITCHEN OPERATIONS (MEHKOs), UNLESS AMENDED, AND
AUTHORIZING THE MAYOR TO SIGN A LETTER OF OPPOSITION ON
BEHALF OF THE CITY
WHEREAS, Assembly Bill 626 ("AB 626"), amending the California Retail Food
Code to include and establish Microenterprise Home Kitchen Operations ("MEHKOs") as
a new category of retail food facility, was passed by the Legislature and signed into law
on September 18, 2018, and became effective January 1, 2019; and
WHEREAS, AB 626 defines a MEHKOs as a food facility that is operated by a
resident in a private home where food is stored, handled, and prepared for, and may be
served to, consumers; and
WHEREAS, AB 626 initially aimed to give cities "full discretion" to authorize the
permitting of MEHKOs within their jurisdiction; however, it stipulated that if a county opts-
in the program it has full authority to issue a MEHKO permit and such permit is valid in
any city within the county, even if the city has enacted prohibition; and
WHEREAS, on February 5, 2019, a new urgency bill was introduced, Assembly
Bill 377 ("AB 377"), to make minor changes to the original bill in order to provide for more
regulatory clarity. It was anticipated that AB 377 would include an opt-out provision, as
requested by stakeholders, for local jurisdictions, including cities. This opt-out provision
in theory would permit a local agency to opt-out of a county's ordinance if a county
approves the permitting of a MEHKO. However, AB 377 did not provide an opt-out
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provision for local jurisdictions, including cities, and still gave counties "full discretion" over
permitting MEHKOs; and
WHEREAS, most cities including Arcadia would like to have an opt-out provision
that would permit a local agency to opt-out of a county's ordinance if a county approves
the permitting of MEHKOs; and
WHEREAS, on August 6, 2019, the City Council, at its regular meeting, considered
the AB 377, related to permitting and regulation of MEHKOs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. For the foregoing reasons, after review and consideration of proposed
AB 377, the City of Arcadia hereby expresses its opposition to AB 377, unless amended
to restore cities' constitutional zoning authority over commercial food facilities. The City
Council hereby authorizes and directs the Mayor to sign a letter of opposition to AB 377
on behalf of the City.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
[SIGNATURES ON THE NEXT PAGE]
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Passed, approved and adopted this 6th day of August, 2019.
Ma f o"e City of Arcadia
ATTEST:
Civ Clerk OF
APPROVED AS TO FORM:
Ot17- 6–e4-7-44.4
Stepheri P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7262 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 6th day of August, 2019 and that said Resolution was adopted by the
following vote, to wit:
AYES: Amundson, Beck, Chandler, Tay, and Verlato
NOES: None
ABSENT: None
Cit; Clerk of t'�City of Arcadia
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