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HomeMy WebLinkAbout1985-01-15; City Council; 8026; REQUEST TO ADDRESS COUNCIL REGARDING MOBILE -HOT TRUCK- FOOD PREPARATION IN VEHICLES.- 3 w c, i 2 5 Q c e i .$ Ga, -4 ..c kU 0 -A Tzl a, wo ac, 3 a".' $: p a8 a, -vu E3 -4 m a rig -4 c, -4 -4 % 54 !?Id gE 8a Lo 03 I Lo ri I rl .. 2 0 E 6 8 a z 3 I -., CITWF CARLSBAD - AGEND-LL DEPl MTG. 1-15-85 REGARDING MOBILE "HOT TRUCK" FOOD CITY DEPT. C Mqr CITY RECOMMENDED ACTION: AB# yon6 m REQUEST TO ADDRESS COUNCIL PREPARATION VEHICLES. Consider request and take action as deemed appropriate. ITEM EXPLANATION: Mr. Ray Kepley of Classic Catering, Inc., has requested that the City Council reconsider its action which allows the ope1 of mobile "hot truck" food preparation vehicles in the City of Carlsbad. There are two types of mobile food trucks. T1 called "hot trucks" prepare food in the vehicle at various s around town. The other type of truck dispenses food that is pared and packaged in a central kitchen facility. The County of San Diego allows "hot trucks" in the unincorpc areas of the County. The cities of La Mesa, El Cajon, and ( also allow "hot trucks" within their jurisdiction. There ai "hot truck" operators licensed to operate in Carlsbad. The City of Carlsbad, like most cities in the county, adopt: Health regulations by reference so that there will be unifo: regulations throughout the county. The County Health Depar- en2orces the regulations, In Dec. 1978, the Carlsbad City ( decided not to adopt the county health regulations that wou the operation of "hot trucks" in the City of Carlsbad. In October 1982, the City Council adopted a number of Count; Regulations by reference, including a section that would a1 the operation of "hot trucks" in the City of Carlsbad. Mr. Kepley and his attorney, James S. Marinos, are asking t the City Council reconsider its action of Oct. 1982 and - not the operation of "hot trucks" in the City of Carlsbad. If the Council wishes to reconsider the matter it is sugges that the staff be directed to prepare an ordinance that wou prohibit "hot trucks", that the item be set for public hear and that "hot truck" operators be notified of the hearing. - EXHISITS: 1. Letter from Mr. Kepley dated 12/4/84. 2. Letter from Mr. James S. Marinos dated 12/19/84. 3, Copy of memo from Dr. Ramrasdated 11/16/84. e m Classic Ca teriq I nmrpora ted 2801 Industry Street -:- Oceanside, California 92054 Phone: (714) 433-8020 December 4, 1984 Honorable Mayor Mary H. Casler City Council Members City Manager Frank Elshire Dear Mayor Casler, This letter is to bring to your attention the actioBtaken by the Hayor and Council Members in October of 1982, Agenda No. 7167,San Diegc County Code 61.179 of Title 6 Chapter 1, And Diego County Code of Regulatory Ordinance passed, by reference, allowing Mobile Food prepera vehicles to operate in the City of Carlsbad. On December 5, 1978 Agenda No, 5685 Carlsbad Mayro and City Council Hembers voted to disallow such vehicles to operate in the City. As of t date only three Cities have adopted this Code 61.179, La Xesa, El Cajon and now Carlsbad. This type of catering to the public in not a new idea, and presently ha numerous problems in Los Angeles and OIange County. Riverside County as their Code in 1983 and does not allow them at this time. I request you to look into this matter and place it on the agenda 8s sa as possiable to be re considered, Thank you for your time and consideration, you may reach me at the abov nwriber before 3:30 P.M. daily. 4d RAY KEPLm CLASSIC CATERING XNC. RK/bfk * a THE LAW OFFICE OF 0 JAMES S. MARINOS A PROFESSIONAL CORPORATION 111 ELM STREET, 3RD FLOOR SAN DIEGO, CALIFORNIA 92101-2682 (619) 236-1717 JAMES S MARINOS December 19, 1984 Mr. Frank Mannen Ass i s tan t City Manager City cf Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Classic Catering, Opposition to Mobile "Hot Truck" Food Preparation Vehicles Dear Mr. Mannen: I would like to extend my sincere gratitude to you for tak time to talk with me this afternoon with regard to the abc matter which I feel is very important. I appreciate your efforts to get it on the Council agenda as soon as possibl As you suggested, I have put it on my calendar for January 1985, at 6:OO p.m. and will plan to attend on behalf of mi client, Ray Kepley. I agree with you that before this mat can be thoroughly reviewed, you will need to obtain Mr. Redmond's official response. I urge you to contact him ri away so that reply can be in your file preparatory to the hearing. Similarly, I will continue our preparations to present the Council with meaningful information on this important health and safety issue. To facilitate your review of the file, I am enclosing a cc of the five page report of Gerald Quick from the San Diegc County Sanitation Department dated September 27, 1977. PI recall I mentioned that this report, while concise,still contained 21 separate policy reasons for opposing hot truc I am confident that the council will appreciate an opporti to take a new look at the problems inherent in the ordin; that now permitstheir operation in your city. I look forv to making a presentation to the full Council at its Januai 15th meeting. Should there be any problems with having tl come before the January 15th meeting, please contact me 01 secretary, Karen Burke. e a December 19, 1984 Page 2 Mr. Frank Mannen I appreciate your efforts in juggling my request among a11 the many you must get but I believe your review of the fil will clearly show that this is a matter that needs prompt Council attention. Very truly yours, c"--. ' \/g-.a'./-& ch-' ./-\. L :$b/d?K,\ ui J?@ES S. MARINOS JS$l/kb Enclosure cc: Ray Kepley (j-& :? .5/;,y,,;-\;,:- @ 0- 6. .r . :y;:;+ . ./,, ;;..; 5 .<:*<I,:, j y 5. Si!!;. 2:; . CXHJN'I'Y OF SAN IIIEGO ,'.."' *+3&,L\- INTER-DEPARTMENTAL CORRESPONDENCE DATE -- Septen; TO: Director of Public Health FROM: Chief, Division of Sanitation VENDING VEHICLES UPaN WHICH FOOD IS PREPARED SUMMARY: In June, 1977, a Mr. Nazareth Salibian and his associates requested permission to operate a hot food pre tion truck in San Diego County 2nd City. Hot and cold fo are prepared aboard the vehicle, which is equipped with h and cold running wate'r, refrigeration, and hood exhaust s for the grill. This type of truck is used to make retail moving from place to place, during the day. 'For more thah 30 years, the Department of Public Health h not issued permits to mobile food preparation trucks; how permits have been issued to this type of vehicle when the remains in one location for a short period of tine, such fair, or other special event. Because nf Mr. Salihian's insistence that this department a permit to his company, our staff spent several weeks re the matter. A hearing was held in the Department of Pub1 Health with Mr. Salibian and his associates. Also presen representatives from the San Diego Mobile Caterer Associa and the San Diego Restaurant Association. Each of the pa 'pants of the meeting expressed their viewpoints on the ad bility of the operation of these vehicles in San Diego Co Also, during this review period, our staff consulted with public hea-lth sanitarians in other counties to receive th viewpoints. After careful review, our conclusion was tha the disadvantages of food preparation trucks, as compared vehicles, far outweigh the advantages. In essence, it is opinion that the 'difficulties presented in maintalning sa food practices on this type of unit reaffirmed our long s 'position of prohibiting these vehicles. for itinerant use. DISCUSSION: Members of local industries presented suppor their argument that food preparation trucks should be pro in San Diego County. They not oniy voiced their personal ion, but also presented letters from out-of-county firms supporting their premfse. I the pre'sently operating pre-packaged hot and cold food ve m September 27, q77 -2- Director of Public Health Re: Vending Vehicles Local representatives attending were: Moody's Lunch Service Straites Lunch Service San Diego Caterers Fiesta Catering Classic Catering San Diego Restaurant & Tavern Association Letters were submitted from Industrial Caterer Associati Okeh Caterers, Frontier Catering, DEMCO, and Bob Waugh, Hot Truck Operator. Copies of these letters are attache The reasons presented in opposition to change in the lon existing policy, that prohibits these trucks, are as fol 1) Hot trucks, when new, are clean and most of the now built so that they can be cleaned. However actual practice, the cleanliness of the truck d on the people who operate them. Unfortunately, one in twenty, if that many, have the quality p necessary to put out the effort and/or cost of the vehicle clean. Soon the trucks are thick w I grease in the hard-to-get-at areas, laying ranc and available to all bacteria. 2) The vans presently being used were built with f doors that could open from inside or outside. conversion, the rear doors are cut in two and t top half eliminated and the bottom half conceal and shielded by kitchen equipment; the passenge door is eliminated. So, in effect, there is on door left for entrance and exit. If this truck in an accident and turned over on the left side in some other way the only door was blocked, th , cupants could be in very serious circumstances. only other exits possible would be through the vents, which by law are small and screened. In tion, mbst of them are built in such a manner t it would be very difficult, if not impossible, out of. All of this, of course, at a time wher all probability the truck would be burning on t inside. 3) These trucks present serious fire hazards. The eight different burners on the average truck. are operated with propane as fuel. The fuel li for these burners run the full length of the tr on at least one side ordinarily and, in additio I -3- a, 0 September 27, 1977 . Director of Public Health Re: Vending Vehicles are concentrated heavily in the rear where two propane tanks are mounted under the trucks. Thc tanks are usually mounted so far back that on rc terrain or steep dips in driveways, they rub on ground or concrete. Sometimes they wear a hole the tank. Very few of the fires, if any, have i quate venting, if they have vents at all. Most the fires draw their oxygen from inside the trur and at least part of them exhaust directly back the inside of the truck. Add the open flames tc fact that there is, in most cases, an accunulatj of grease only inches from those fires and you € a very hazardous situation. Fire damage is verj great in the areas of the deep fat fryer and gri and steam table. Not on top of the equipment, ' underneath and in back, where grease accurnulatil inevitable. 4) Another big concern is the heat that is produce1 from the cooking area. It gets so hot that the commissaries have been ordering the units with ventilation skylights on the roof. These openi7 do nrt have adequate screening aEd a'great deal dirt, pollutqnts of all types, come through the vents onto the food being prepared. (Orange Ci Health Department has been most concerned about this aspect of the hot trucks); because of exce heat, doors and window are kept open during the eration, permitting dust, dirt, to enter and PO contaminate the food. 5) Overnight refrigeration plug-ins cause problems since they may become disconnected, resulting i spoiled food, 63 Holding tanks are not always drained regularly, properly cleaned, and are dumped on the streets occasiahally. 7) With the truck in movement during much of the f preparation, it is virtually impossible to keep kitchen area clean, because of spillage and thi falling on the floor. I September 27, q77 -4- Director of Public Health Re: Vending Vehicles 8) Metal floors get very slippery from spillage ant could get a little dangerous while the cook is working over the hot grill or with utensils. ' 9) Food used on hot trucks is kept in raw state an undetermined length of time before being used. 10) Food is prepared often by independent hot truck operators in their individual homes, to be used as,the entree the next day, a practice almost impossible to provide sufficient sanitarian ins tion time to prohibit this practice. \ 11) There is no way to control, by date, the specif time for sale of hot or cold sandwiches, as we1 as the entree for the day. 12) Dust and exhaust fuxces are present, at all time and are not compatible during food preparation. 13) There are many possibilities of food contaminat due to inexperienced food handlers hired as coo due to lzrge turnover ir. this job, due to its I difficulty. 14) The mobile units, being mobile, cannot be readi inspected and controlled by Health Department s On the other hand, existing canteen trucks are plied by food prepared and packaged in an estab ment with a fixed location. 15) There is a greater possibility of spoilage and dropped on the floor would be picked up and use 16) When cooking is done aboard trucks, the whole o tion is much dirtier, because of the small size ' the kitchen. There is a limited supply of hot aboard the vehicle, which hinders an efficient . ing job! t 17) There is a history of sanitary problems in othe counties, who have accepted this type of truck. 18) San Bernardino County does not permit these veh in their county. W Scptenber 27,mi / -5- 7 Director of Public IIcalth * Re: Vending Vehicles 19) According to memhcrs of the industry, the owner of the vehicle must lease thesc vehicles to eac one of the drivers, in order to ren:ain solvent, financially. Vhen this is done, the owner of t vehicle and the headquarters loses control of t food preparation operation. These individual lessees aLtcnpt to obtain as much profit as pos from operating the vehicle and, therefore, do n hesitate to use food of questionable qualicy or overage food or food prepared in their own hone to ,maximize prof it. 20) Mechanical refrigeration for the vehicle has a tendency to fsil, and there is no s?ace for an alternate refrigerator ir, which to store food, there is in restaurants or headquarters for pre packaged iood, that will be placed aboard :lie v 21) There is only one seat aboard the vehicle, ther the cook must stand up and could slip and fall grease spills on the metal floor. CO!iCLUSTOS: Inasiriuch as existing pre7ackaged hot and co fcod vscilng vehicles are readily -Ivailable to cnnatrruct workers and other areas, where restaurants are not avail there h2.s not been dczonstrated a sufficient need for pe nitting use of food preparation vehicles with their atte problems of food sanitation. GERALD QUICK, Chief Division of Sanitation GQ:EBR:mvn Attachments . 1 --./ m I- I C,, '4~~~. { c A 7- m r- I .' , r GOUNTY OF SAN DILt.30 INTER-DEPARTMENTAL CORRESFONDENCE DATE' Novph TO: Councilman Uvaldv Martinez Citjzens Assistance (City 9B) Attention: George Story, Director FROM: Donald G. Ramras, M.D., Health Officer SUBJECT: MOBILE FOOD PREPAMYJJIN VEHICLES Attached is a copy of the correspondence concerning the .am Municipal Code to allow the operation cf mobile food preparation vehic' Citizens Assistance, the preparation of this report was aelayed inas the request to amend the San Diego Mtinicipal Code has been withdrawn. We have no objection to ainending the Wupicipal Code to coincide w provisions of the County Code of Regulatory Ordinances. However, a p should be added for permittees to proviae staff of the Department of Serv-ices current itineraries of each of the permitted vehicles whenev operate in the City of San Diego. Use of itineraries by.field sanitariz reduce staff time in searching for these vehicles to nake inspections c rSr~ uLAt ;ccf Their norm1 cjpewtim. Mr. Gzorge Story reqtiested that a summary of our inspection records be - in this rqort. In 1983 there were nine vehicles under permit. In 1984 therz ~er~ 16 I under permit. During these two years 42 inspections were nrade. Th viol$tion..; for those inspections included: no soap (5 times), no to times), 110 hot/running water (2 times), obstructed hand sink (4 times), i sewage disposal (I time), improper food temperatures (I time), no food cards (2 times), general poor repair (6 times). The same three operators had the following minor vislatSons: no them (11 times 1, ivproper name/addr2ss (8 tines), poor general clean1 7ness (8 improper dating/label ing (10 tines 1. In addition to the above listed vehicles one permittee operated a mob1 preparation vehicle at the CALTWNS Aliso Creek Rest Stop, located nc Oceanside. This vehicle operated at times as a prepackaged vending with no fGod being prepared aSoara the vehicle. Twelve inspections we at the Rest St~p during the two calendar years 1383 and 1984. Thc and Deputy Director for Pub!ic Heillth Services of Saz Diep By CgI-EeEs-ilt with Nr. Gsorge CiULh3) &;ti-i-ifi tkc City L .-. . L I, c r; -i I jtjv- t -.\ ' w m Coslncilrnan Uvaldo Martinez - 2.- November violations noted were: inproper food temperature (7 times), no soap (2 no towels (1 time), improper sewage disposal (2 times), open displays no focdhandler cards (1 time), no running/hot water (3 times), obstruc sink (2 tjmes), and general poor repair (2 tines). The minor violations included the follows: no thermometers (2 times), name/address (1 time) s improper labels/dates (3 times), improper trash (3 times), poor general cleanliness (4 times). If you desire additional information, please contact Gary Stephany. Division of Environmental Health Protection, or his assistant, Ray at ,236-2243. $4, . &%-@d*Q* DONALD G. WtWiS, M.C. , Health Officer and Oeputy Director for Public Health Services DGR:RBR:dmc Attachment cc: P. Tsnne?