HomeMy WebLinkAbout2012/12/11 Item 04ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA
SECTION 8.20.075 [LETTER GRADES
VEHICLES] TO CHAPTER 8.20 OF THE
MUNICIPAL CODE
SECOND READING AND ADOPTION
VISTA ADDING
FOR VENDING
CHULA VISTA
WHEREAS, fixed location food facilities throughout San Diego County aze currently
scored against food safety criteria by County inspectors, and assigned a letter grade based on that
score, but Mobile food facilities (called "vending vehicles" under Chula Vista Municipal Code
section 8.20.010)'are not graded; and
WHEREAS, to better inform the public, the County is extending the letter grade system
currently used for restaurants to mobile food facilities, and in the unincorporated County, and did
so on July 25, 2012 by amending the County Code of Regulatory-Ordinances, specifically
sections 61.101 to 61.115 of Chapter 1, Division 1, Title 6; and
WHEREAS, the changes to the County Code of Regulatory Ordinances and related
changes to the Chula Vista Municipal Code will improve public notification; help customers
easily identify vendors in good compliance; and provide more information about the overall
condition of the mobile food facility to make safe dining choices; and
WHEREAS, mobile food facilities operate in multiple jurisdictions. Grading is a local
program in each County unincorporated area and City, not a state law program. Therefore,
establishing an effective grading system for mobile food facilities requires cooperation across
city boundazies, allowing the County the authority to enforce posting of letter grades in all local
jurisdictions; and
WHEREAS, the ordinance provides for City cooperation in a coordinated regional
program by adopting the County changes to the restaurant grading ordinance by reference and by
requiring that grade cards be posted by mobile food facilities that prepare food and that permit
fees to provide cost recovery are paid by operators of mobile food facilities that prepaze food.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Action
Section 8.20.075 is hereby added to Chapter 8:20 of the Chula Vista Municipal Code and shall
read as follows:
8.20.075 Letter Grades for Vending Vehicles.
A. .San Diego County County Code of Regulatory Ordinances. The provisions of the San
Diego County Code of Regulatory Ordinances concerning permanent and mobile food facilities,
at Title 6, Division 1 of the County Code, are incorporated into this Code by reference and shall
also be applicable to `ending vehicles," as defined in Chula Vista Municipal Code section
8.20.010.
4-1
Ordinance No.
Page 2
B. Fee. All persons and businesses required to obtain ahealth-related permit or related service
from the County of San Diego, Department of Environmental Health (DEH) pursuant to-this
code shall pay the County the fee established in the County Code for that permit or service,
including delinquent payment fees.
Section II. City Manager Action
The City Manager is also authorized to enter into an agreement(s) with the County of San Diego
to implement the aforementioned grading program in the City of Chula Vista.
Section IIL Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional:
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented By: App~ro^ved a_s to form by:
Gary Halbert, AICP, PE Glen R. Googins
Assistant City Manager/Director of City Attorney
Development Services
4-2