Ord 745ORDINANCE NO. 745
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTERS 8.20 AND 8.21 OF THE POWAY MUNICIPAL CODE
TO INCORPORATE BY REFERENCE SAN DIEGO COUNTY REGULATIONS
AND FEES PERTAINING TO PERMANENT AND MOBILE FOOD FACILITIES
WHEREAS, it is necessary from time to time to amend the Poway Municipal
Code (PMC) to reflect changing conditions in the community; and
WHEREAS, the City of Poway, along with all other incorporated cities in the
County, relies on the County Department of Environmental Health (DEH) for public
health regulations and enforcement for food facilities; and
WHEREAS, fixed location food facilities throughout San Diego County are
currently scored against food safety criteria by County health inspectors, and assigned
a letter grade based on that score; and
WHEREAS, to better inform the public, mobile food facilities have only recently
been subject to inspection and grading by the County health inspectors, who have
extended the letter grade system currently used for restaurants to mobile food facilities
in the unincorporated County by enacting a change in the County Code of Regulatory
Ordinances, Sections 61.101 to 61.115 of Chapter 1, Division 1, Title 6; and
WHEREAS, such changes to the County Code of Regulatory Ordinances will
improve public notification and 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, grading restaurants and mobile food facilities 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 boundaries, allowing the County the authority to enforce posting of letter
grades in all local jurisdictions; and
WHERES, this Ordinance provides for City cooperation in a coordinated regional
program by: (1) adopting the County changes to the restaurant grading ordinance by
reference; (2) 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 prepare food; and (3) by authorizing the City Manager to enter
into an agreement with the County of San Diego to implement this grading program
within this City; and
WHEREAS, this Ordinance would also adopt by reference County health
regulations as they relate to fixed location food facilities; and
Ordinance No. 745
Page 2
WHEREAS, on October 2, 2012, the City Council held a duly advertised public
hearing to introduce this Ordinance for first reading and continued the public hearing
to October 16, 2012.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council finds that the adoption of this Ordinance is exempt
from the provisions of the California Environmental Quality Act pursuant to Section
15061(b)(3) of the CEQA Guidelines as there is no possibility this will have a significant
effect on the environment.
Section 2. Chapter 8.21 is added to Title 8 of the Poway Municipal Code to
read as follows:
Chapter 8.21
Food Regulations
8.21.010 Adoption of San Diego County Ordinance.
The provisions of the San Diego County Code of Regulatory Ordinances concerning
permanent and mobile food facilities, Title 6, Division 1 of the County Code, are
incorporated into this Code by reference.
Section 3. Section 8.20.020 of the Poway Municipal Code is amended to read
as follows:
8.20.020 Application — Fee.
Every applicant for a permit, license or registration required by Chapters 5.68, 8.21, and
8.24 through 8.60 PMC shall at the time of making application pay the fee prescribed by
the County of San Diego.
Section 4: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after its adoption.
CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk
in accordance with Government Code § 36933.
Ordinance No. 745
Page 3
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the 2nd day of October 2012, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 16th day of October 2012.
o'1/L
Don Higginson, Ma r
ATTEST:
Lind royan, MMC, ity Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No. 745, was duly adopted by the City Council at a meeting of said
City Council held on the 16th day of October 2012, and that it was so adopted by the
following vote:
AYES: BOYACK (via teleconference), GROSCH, MULLIN, CUNNINGHAM,
HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
a . Troyan, MMC, ity Clerk
Cit of Poway