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Home My WebLink AboutItem 1c: Ordinance 2282: Adopting by Reference the Los Angeles County Health Code 4 Oy(Foi 4 4 "i•' • 1..::i S. z3 , S TAFF REPORT Office of the City Manager DATE: April 5, 2011 TO: Mayor and City Council FROM: Donald Penman, City Manager` By: Linda Garcia, Com unications, Marketing and Special Projects Manage w ' SUBJECT: ORDINANCE NO. 2282 AMENDING SECTION 5600 OF CHAPTER 6, PART 3, ARTICLE V OF THE ARCADIA MUNICIPAL CODE AND ADOPTING BY REFERENCE THE LOS ANGELES COUNTY HEALTH CODE Recommendation: Adopt SUMMARY The City of Arcadia utilizes the Los Angeles County Public Health Code as the "Health Code" for the City. On March 1, 2011 the City Council introduced Ordinance No. 2282 adopting by reference the most recent version of the Los Angeles County Health Code, including the regulations extending the existing inspection and grading program to mobile food facilities and mobile vendors. The City Council also set a public hearing on this matter for April 5, 2011. Staff recommends adoption of Ordinance No. 2282. DISCUSSION On March 1, 2011 the City Council introduced Ordinance No. 2282, which adopts by reference the current Los Angeles County Health Code and all future amendments enacted by the County Board of Supervisors to the Health Code. Attached for your reference is a copy of the March 1 staff report that provides more detail about the ordinance, especially as it relates to inspecting and grading mobile food facilities. Ordinance No. 2282 is being processed similarly to other Uniform Codes. A Notice of Public Hearing was published in the Arcadia Weekly on March 10 and March 24, 2011. The Chamber of Commerce and all licensed mobile food vendors were also advised of the public hearing. Mayor and City Council — adoption of Ordinance No. 2282 April 5, 2011 Page 2 Ordinance No. 2282 will become effective on the 31 day following adoption by the City Council. RECOMMENDATION It is recommended that the City Council adopt Ordinance No. 2282, an ordinance of the City Council of the City of Arcadia, California, amending Section 5600 of Chapter 6, Part 3, Article V of the Arcadia Municipal Code and adopting by reference the Los Angeles Health County Code. Attachments: Staff Report dated March 1, 2011 Ordinance No. 2282 of �+1 Ar IF0 14 41 eusnss s, ssos r y`` STAFF REPORT Office of the City Manager DATE: March 1, 2011 TO: Mayor and City Council FROM: Donald Penman, City Manager By: Linda Garcia, Com unications, Marketing and Special Projects Manager SUBJECT: ORDINANCE NO. 2282 AMENDING SECTION 5600 OF CHAPTER 6, PART 3, ARTICLE V OF THE ARCADIA MUNICIPAL CODE AND ADOPTING BY REFERENCE THE LOS ANGELES COUNTY HEALTH CODE Recommendation: Introduce ordinance and set a Public Hearing for April 5, 2011 SUMMARY The City of Arcadia uses the Los Angeles Public Health Code as the "Health Code" for the City. The Los Angeles County Board of Supervisors recently made changes to the Public Health Code to address mobile food facilities and they are asking cities to adopt a conforming municipal ordinance that extends the existing inspection and grading program to mobile food facilities and mobile vendors. Ordinance No. 2282 addresses the County's request and also includes language that allows any future amendments to the Health Code enacted by the County to be automatically incorporated into the Arcadia Municipal Code. DISCUSSION In 2003 the City Council approved an ordinance adopting by reference the Los Angeles County Health Code. Included in the Code at that time, and specifically raised with the Council, was the matter of adopting the County's Retail Food Establishment Inspection and Grading Program. The County Board of Supervisors recently made revisions to the Health Code and they have asked cities to adopt a conforming municipal ordinance that incorporates these changes. The primary revision was to expand the mandatory grading and posting of letter grades to mobile food facilities (e.g. food trucks). The development of a grading program for mobile food facilities, as with restaurants and food markets, is intended to minimize the risk of food borne illness by identifying high Mayor and City Council — introduction of Ordinance No. 2282 March 1, 2011 Page 2 risk violations and bringing these conditions to the attention of the facility owner /operator and the public. The use of letter grades will provide the public with an easily recognizable method of making informed choices based on the food safety practices found on the mobile food facility at the time of inspection. The grading program will also benefit the public by providing a means to easily differentiate between illegal and legal food vendors. In addition, mobile vendor owners will be required to disclose current route information to the Department of Public Health to provide the whereabouts of transient mobile vendors to facilitate timely inspections. As of the date this report was prepared, the City of Arcadia has 5 licensed mobile food vendors. Food carts that operate in the mall are not considered mobile vendors and they are already subject to the Health Department's inspection and grading program. Ordinance No. 2282 has been prepared to adopt the current County Health Code and any future amendments as enacted by the County Board of Supervisors. The ordinance also takes into account that in the event there is inconsistency or conflict between the County Health Code and the Arcadia Municipal Code, that such conflicting provision of the Arcadia Municipal Code shall have precedence. Adoption of Ordinance No. 2282 is handled similarly to the adoption of other Uniform Codes. The schedule is as follows: March 1, 2011 Introduction of Ordinance March 10, 2011 Publication of first notice of Public Hearing March 24, 2011 Publication of second notice of Public Hearing April 5, 2011 Public Hearing and adoption of Ordinance FISCAL IMPACT There is no fiscal impact to the City associated with Ordinance No. 2282. RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2282, an ordinance of the City Council of the City of Arcadia, California, amending Section 5600 of Chapter 6, Part 3, Article V of the Arcadia Municipal Code and adopting by reference the Los Angeles County Code, and further, that the City Council set a public hearing regarding the adoption of Ordinance No. 2282 for April 5, 2011. Attachment: Ordinance No. 2282 ORDINANCE NO. 2282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 5600 OF CHAPTER 6, PART 3, ARTICLE V OF THE ARCADIA MUNICPAL CODE AND ADOPTING BY REFERENCE THE LOS ANGELES COUNTY HEALTH CODE WHEREAS, the City Council of the City of Arcadia utilizes the Los Angeles County Public Health Code as the "Health Code" for the City of Arcadia; and WHEREAS, the City Council wishes to adopt by reference the Los Angeles County Public Health Code, as approved by the Board of Supervisors through October 19, 2010, together with such amendments thereafter as may hereafter be enacted by the County, such that it is made a part of the Arcadia Municipal Code; and WHEREAS, as part this proposed action, the City of Arcadia adopts recent revisions to Title 8 of the Los Angeles County Public Health Code that adds "mobile food facility" to the definition of food facility; establishes a semi - annual letter grading and scoring program for mobile food facilities; requires owners of mobile food facilities and mobile support units to disclose current route information to the Department of Public Health; and establishes an annual certification inspection for mobile food facilities and mobile support units. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 5600 of Chapter 6, Part 3, Article V of the Arcadia Municipal Code is hereby amended to read as in its entirety as follows: 1 "5600. LOS ANGELES COUNTY HEALTH CODE. ADOPTION. The Health Code of the County of Los Angeles, as approved by the Board of Supervisors through October 19, 2010, together with such amendments thereafter as may hereafter be enacted by the County, is hereby adopted and by this reference made a part of the Arcadia Municipal Code with the same force and effect as though fully set forth herein. A copy of said "Health Code" is on file and open to inspection in the Office of the City Clerk. Where, in any specific case, there is a difference between the City of Arcadia Municipal Code and the Los Angeles County Health Code, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. In the event that there is an inconsistency or conflict between any provision of the County Health Code and any other provision of the Arcadia Municipal Code, then such other conflicting provision of the Arcadia Municipal Code shall have precedence." SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: SitieLl&OA, r / - eitel Stephen P. Deitsch City Attorney 2