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Home My WebLink About11. Food Grading Ordinance AGENDA MEMO DATE: February 8, 2011 TO: Mayor and Members of the City Council FROM: Office of the City Manager Shannon DeLong, Assistant to the City Manager SUBJECT: INTRODUCE ORDINANCE RE: INSPECTION AND GRADING SYSTEM FOR MOBILE FOOD FACILITIES RECOMMENDATION That the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY 1. AMENDING ARTICLE IV, CHAPTER 11, OF THE DOWNEY MUNICIPAL CODE, ADDING A NEW SECTION 4971 (ADOPTING BY REFERENCE CHAPTER 8.04 OF THE LOS ANGELES COUNTY CODE REGULATING PUBLIC HEALTH LICENSES) ; and 2. Set a public hearing for February 22, 2011 BACKGROUND The City of Downey contracts with the County of Los Angeles to provide Public Health Services, including such as licensing and inspection of restaurants and public health facilities. In 1998, the City of Downey adopted by reference Los Angeles County Ordinance No. 97-0071, relating to the operation of food establishments and the certification of food handlers, to specifically address the inspection, grading and posting of letter food grades for restaurants in the City. The Los Angeles County Board of Supervisors, which oversees County Department of Public Health (DPH), recently adopted new regulations regarding the inspection, grading, and posting of letter grades for mobile food facilities (such as catering trucks or other mobile food vendors). In order to provide for such inspection within Downey City Limits, the County’s updated Chapter 8.04 must be incorporated into the Downey Municipal Code. DISCUSSION The adoption of Los Angeles County Code Chapter 8.04, Public Health Licenses, will give DPH the authority to inspect, grade, and require the posting of letter grades on mobile food facilities in Downey. Other provisions of this chapter are already enforced by DPH within the City of Downey, but adoption of this code into the Downey Municipal Code will ensure their jurisdiction henceforth. These additional provisions include CITY OF DOWNEY, CALIFORNIA inspection and permitting requirements for various establishments such as hotels, public swimming pools, body art/tattoo businesses, and vending machines. The new ordinance amends Article IV, Chapter 11 of the Downey Municipal Code relating to Public Health, in the following ways: - Amends the Code to include Public Health Licenses as required by the County of Los Angeles - Includes the newest revision to the code addressing of mobile food facilities, including: establishing a semiannual letter grading and scoring program for mobile food o facilities; requiring owners of mobile food facilities and mobile support units to disclose o current route information to DPH to provide whereabouts of their transient facilities and support units in order to facilitate timely inspections; establishing an annual certification inspection for mobile food facilities and o mobile support units to ensure that food equipment meets applicable installation and design standards according to State law. Los Angeles County Chapter 8.04 has been reviewed by both the Community Development Department and Code Enforcement and no comments have been received. FISCAL IMPACT Public Health licensees are responsible for the payment to the County of the requisite fees to obtain necessary licenses. ORDINANCE NO. 11- _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE IV, CHAPTER 11 OF THE HEALTH CODE, ADDING A NEW SECTION 4971 (ADOPTING BY REFERENCE CHAPTER 8.04 OF THE LOS ANGELES COUNTY CODE REGULATING PUBLIC HEALTH LICENSES) WHEREAS , the City Council of Downey has contracted with the Los Angeles County Department of Public Health for the provision of services; and, WHEREAS , the Los Angeles County Board of Supervisors has adopted new regulations pertaining to Public Health Licenses; and, WHEREAS , the City Council of the City of Downey has deemed it necessary to adopt such new regulations to provide the necessary authority for County Department of Public Health to enforce such regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES ORDAIN AS FOLLOWS: SECTION 1 . Article IV of Chapter 11 of the Downey Municipal Code is amended to add Section 4971 to read as follows: Adoption. (a)ADOPTION BY REFERENCE OF THE PUBLIC HEALTH LICENSES CODE OF THE COUNTY OF LOS ANGELES. Subject to the changes and amendments set forth in this chapter, the Los Angeles County Code, Title 8, Chapter 8.04, as amended through and including November 18, 2010, is hereby adopted by reference as the Public Health Licenses for the City of Downey (hereafter referred to as “Health Licenses Code”). Ordinance No. 2010-0045, adopted by the Los Angeles County Board of Supervisors on October 19, 2010, relating to the operation of mobile food facilities and the certification of mobile food facilities and mobile support units, is hereby specifically adopted by reference and is made a part of the Health Licenses Code. Copies of the Health Licenses Code are on file in the office of the City Clerk of the City, and are open to public inspection. Definitions. (b) The words or phrases defined in Section 4970(b) shall have same meaning when used in the Health Licenses Code. Conflicts. (c)In the event of any conflict or inconsistency between provisions of the adopted Los Angeles County Code and any other provisions of the Downey Municipal Code, the provisions of the Downey Municipal Code shall govern. Penalty. (d)Violation of any provision of the Health Licenses Code shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for not more than six months or by both fine and imprisonment. Each day during any portion of which any violation of any provision of said Health Licenses Code is committed or permitted, shall be deemed to be a separate offense. SECTION 2. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this Ordinance which can be given ORDINANCE NO. 11-______ PAGE TWO effect without the invalid provisions or applications and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published and posted in the manner required by law. APPROVED AND ADOPTED this _______ day of February, 2011. _______________________ LUIS H. MARQUEZ, Mayor ATTEST: _______________________________ City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DOWNEY ) I HEREBY CERTIFY that the foregoing Ordinance No. 11 – _______ was introduced at a regular meeting of the City Council of the City of Downey held on the _______day of February 2011, and adopted at a regular meeting of the City Council of the City of Downey held on the _______ day of February, 2011, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 11 – ______, was published in a newspaper of general circulation in the City of Downey, on February _____, 2011 (after introduction), and on February _____, 2011 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. ________________________________ City Clerk