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HomeMy WebLinkAboutItem 10b - LA County Public Health Contract
DATE: March 4, 2025
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Justine Bruno, Deputy City Manager
SUBJECT: ORDINANCE NO. 2403 AMENDING ARTICLE V, CHAPTER 6 OF THE
ARCADIA MUNICIPAL CODE AND ADOPTING BY REFERENCE THE
LOS ANGELES COUNTY HEALTH CODE; AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO A PUBLIC SERVICES CONTRACT
WITH THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC
HEALTH
CEQA: Not a Project
Recommendation: Introduce, Approve, and Set Public Hearing Date
SUMMARY
Arcadia uses the Los Angeles County Public Health Code as the "Health Code" for the
City. The Los Angeles County Department of Public Health (“Public Health”) has
approached all 85 cities within Los Angeles County, including Arcadia, about
modernizing the agreement that provides public health services for cities. The last
contract for public health services between Arcadia and Los Angeles County was
executed on February 12, 1964, and needs modernization.
It is recommended that the City Council introduce Ordinance No. 2403, amending
Article V of the Arcadia Municipal Code relating to Sanitation and Health, and adopt by
reference the Los Angeles County Health Code; approve, authorize, and direct the City
Manager to enter into a Public Services Contract with the Los Angeles County
Department of Public Health; and set a Public Hearing for the adoption of Ordinance
No. 2403 on April 1, 2025.
BACKGROUND
California law allows for contracts between cities and counties for the administration of
public health services, including any ordinances regarding public health, sanitation, and
inspection services, with any such enforcement actions performed by a County Health
Officer. Arcadia has long consented to having Los Angeles County enforce and observe
public health laws, orders, and regulations in the City.
Ordinance No. 2403 - Public Health Contract
March 4, 2025
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On April 5, 2011, the City Council adopted Ordinance No. 2282, which adopted by
reference, the most recent version of the Los Angeles County Health Code, including
any future amendments approved by the County Board of Supervisors. Prior to 2011,
Ordinance No. 2171 was adopted in 2003, which effectuated the same process of
adopting the Los Angeles County Health Code by reference and repealing all other
ordinances or conflicting language in the Arcadia Municipal Code.
The type of state-mandated public health services performed for cities on behalf of
County Public Health are outlined in Title 17 of the California Code of Regulations,
Section 1276, and include the following: public health statistics; communicable disease
control; environmental health and sanitation services; public health laboratory and
testing services; health education programs; public health nursing services; and
offerings in chronic disease, nutrition, and family planning.
DISCUSSION
Los Angeles County has public health service contracts with 85 of its 88 cities,
excluding the Cities of Long Beach, Pasadena, and Vernon, who maintain their own
municipal health departments. Through these contracts, the County’s Health Officer
serves as the local health officer within the contracted jurisdictions, including Arcadia.
Similar to other cities, Arcadia’s existing contract for public health services was last
executed in the 1960s and has yet to be updated. Specifically, the last contract was
executed on February 12, 1964. Changes in state law and public health practices have
rendered certain contract language obsolete and in need of modernization. The
proposed Public Services Contract makes these updates for all 85 contracted cities,
replacing antiquated language with text that reflects current public health practices and
complies with legal citations and references. Upon execution, the new contract terms
will extend through June 30, 2029, automatically renewing for consecutive five (5) year
terms, for an indefinite period.
In the process of updating and modernizing the Public Services Contract between
Arcadia and Los Angeles County, it is recommended that the ordinance to adopt the
Health Code by reference also be readopted. With minor cleanup to the existing text
related to dates and terminology, Section 5600 of the Arcadia Municipal Code will be
largely unchanged under proposed Ordinance No. 2403. Refer to Attachment No. 3 –
Ordinance No. 2282, to see what was last adopted in 2011 related to the Health Code.
Alternatively, if the City Council foregoes adoption of Ordinance No. 2403 and approval
of the updated Public Services Contract, the existing Municipal Code language and
health services contract would remain in place. Absent any City Council action on this
matter, public health services will continue to be provided to Arcadia in the same
manner, unless the City Council takes action to terminate the existing contract and/or
repeal Section 5600 of the Municipal Code. Adoption of Ordinance No. 2403 ensures
Ordinance No. 2403 - Public Health Contract
March 4, 2025
Page 3 of 4
that the County’s health officers can effectively and fully enforce the rules and
regulations that keep Arcadians safe and healthy.
To underscore the City’s desire to continue having the Los Angeles County Health
Department provide these services for Arcadia, its residents, and businesses, it is
recommended that Ordinance No. 2403 be introduced for adoption during the April 1,
2025, City Council Meeting. If authorized, there will be no change in services provided
by Public Heath to the City of Arcadia; simply, an updated Municipal Code and Public
Services Contract will be in place that reflect current laws and regulations.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”) Guidelines per Section 15061(b)(3), as it can be seen with
certainty that it will have no impact on the environment.
FISCAL IMPACT
In general, Los Angeles County Public Health provides for the local administration of
public health services to Arcadia and other cities, on a no-cost basis. For entities
requiring a public health permit, the proposed agreement allows the County to collect
the required permit fees from the applicant. For example, the proposed contract allows
Public Health to charge a cost reimbursement fee to Arcadia, or any city, for two
purposes:
(1) Inspection of a City owned or operated detention facility pursuant to Health and
Safety Code section 101045; and
(2) Other public health administration or inspection services that are requested by
Arcadia that are beyond the scope of services under this agreement.
Any costs for inspection services requested by the City will be done within current
budgets. Otherwise, there is no fiscal impact resulting from the introduction of the
proposed ordinance and authorization of the Public Services Contract with the
Department of Public Health. Any other public health services that do not require
specific fees or permits will continue to be offered to the City at no cost.
Should the City wish to forgo having the County provide health services, the City would
need to establish a full Health Department and would incur millions of dollars in costs for
staffing, equipment, testing services, buildings, and the like. While a portion of those
expenditures could be recovered through fees charged, a significant portion would not,
resulting in net costs to the City.
Ordinance No. 2403 - Public Health Contract
March 4, 2025
Page 4 of 4
RECOMMENDATION
It is recommended that the City Council determine that this action does not constitute a
project under the California Environmental Quality Act (“CEQA”); introduce Ordinance
No. 2403, amending Article V, Chapter 6 of the Arcadia Municipal Code and adopting by
reference the Los Angeles County Health Code; and approve, authorize, and direct the
City Manager to enter into a Public Services Contract with the Los Angeles County
Department of Public Health; and set a Public Hearing regarding the adoption of
Ordinance No. 2403 for April 1, 2025.
Attachment No. 1: Ordinance No. 2403
Attachment No. 2: Proposed Public Services Contract with Los Angeles County (2025)
Attachment No. 3: Ordinance No. 2282 (2011)
Attachment No. 4: Public Services Contract with Los Angeles County (1964)
ORDINANCE NO. 2403
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING ARTICLE V, CHAPTER 6 OF THE ARCADIA
MUNICIPAL 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, on April 5, 2011, the City Council adopted 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 be enacted by the
County, such that it is made a part of the Arcadia Municipal Code; and
WHEREAS, the Los Angeles County Health Department seeks to execute a new
contract for the provision of public health services to local jurisdictions that have opted
into this service and adopted, in whole or in part, the Los Angeles County Public Health
Code; and
WHEREAS, the last contract for the provision of public health services between
the City of Arcadia and the Los Angeles County Health Department was executed in 1964,
and is in need of modernization; and
WHEREAS, as part of the contract modernization process, the City Council seeks
to reaffirm its selection of the Los Angeles County Health Department to provide public
health services in the City of Arcadia by readopting Article V, Chapter 6 of the Arcadia
Municipal Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Attachment No. 1
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SECTION 1. Section 5600 of Article V, Chapter 6 of the Arcadia Municipal Code
is amended to read in its entirety as follows:
“Section 5600. THE LOS ANGELES COUNTY HEALTH CODE. ADOPTION. The
Health Code of the County of Los Angeles, as approved by the Board of Supervisors
through September 10, 2024, and codified as Division 1 of Title 11 of the Los Angeles
County Code, 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. Section 5601.2 of Article V, Chapter 6 of the Arcadia Municipal Code
is amended to read as follows: “Section 5601.2 SAME. SAME. Whenever the term
"County" or "County of Los Angeles" or any abbreviation thereof in said Health Code
refers to a person engaged in or charged with the enforcement of any provision of the
said Health Code, it shall be interpreted and deemed to mean the "Health Officer" or the
“Director” of public health of the county of Los Angeles.”
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SECTION 3. Section 5601.3 of Article V, Chapter 6 of the Arcadia Municipal Code
is amended to read as follows: “Section 5601.3 SAME. SAME. Whenever the term "Health
Officer", "Officer", or “Director” appears in said Health Code, it shall be interpreted and
deemed to mean the "City Health Officer" or “City Health Director.” Throughout the term
of any contract between the City and another public agency for the enforcement of the
provisions of this Chapter by such other public agency, the term shall mean the Health
Officer or the Health Director of such other public agency.”
SECTION 4. Section 5601.5 of Article V, Chapter 6 of the Arcadia Municipal Code
is amended to read as follows: “Section 5601.5 SAME. SAME. The provisions of Chapter
11.38 of said Health Code shall not apply to the City of Arcadia or any of its departments
or agencies.”
SECTION 5. Section 5602.1 of Article V, Chapter 6 of the Arcadia Municipal Code
is amended to read as follows: “Section 5602.1 SAME. ADDITION. A new Section
11.32.010.1 is hereby added to the Health Code to read as follows:
Sec. 11.32.010.1. SAME. PUBLIC USE OF PRIVATE POOLS. This Chapter
shall likewise apply to all private pools designed for use by, available for use to, or used
by the occupants of five (5) or more dwelling units.”
SECTION 6. Section 5602.6 of Article V, Chapter 6 of the Arcadia Municipal Code
is amended to read as follows: “Section 5602.6 SAME. ADDITIONS. New Sections
11.16.070.1, 11.16.070.2, 11.16.070.2.1, 11.16.070.2.2, 11.16.070.2.3, 11.16.070.2.4
and 11.16.070.3 are hereby added to the Health Code, the same to read respectively as
follows:
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Sec. 11.16.070.1. DISPOSAL OF MEDICAL SUPPLIES. No person shall
dispose of, leave or discard, outside of the portion of a building in his possession, any
container, bottle, syringe, hypodermic needle, hypodermic syringe, needle designed for
or used in the dispensing, giving or injecting of medicine, drugs as defined by Section
4403 of the Business and Professions Code, or poisons as defined by Section 4160 of
the Business and Professions Code, or any bandage, dressing or gauze that has been
used in the treating or caring for an infectious disease. Medicine as used in this Section
shall include drugs intended for use in the diagnosis, care, mitigation, treatment or
prevention of disease, disorders, sickness or ailment in human beings or animals.
Sec. 11.16.070.2. SAME. METHODS. Items described in the preceding Section
shall be disposed of in the manner prescribed in the following subsections.
Sec. 11.16.070.2.1. SAME. SAME. LIQUID AND SOFT WASTES. All fluid and
soft material wastes, soiled paper tissue and other similar materials which can be properly
disposed of through the sanitary sewer system, shall be disposed of in such manner.
Sec. 11.16.070.2.2. SAME. SAME. SOLID CONTAINERS. All containers,
bottles, and other solid materials which contain or have contained medicines or drugs of
any type shall be placed in waste containers enclosed or sealed by a solid lid or door
securely fastened by a padlock or similar locking device, or in enclosed covered trash
containers placed within an enclosed, roofed trash enclosure, the only entry to which shall
be by means of a door securely fastened by a padlock or similar locking device. Every
such padlock or locking device shall be under the exclusive control of the person placing
materials therein, and shall remain locked at all times except during the time of placing
materials therein or collecting materials therefrom by a person authorized so to do.
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Sec. 11.16.070.2.3. SAME. SAME. USED OR CONTAMINATED ITEMS. Used
or contaminated bandages, dressings, gauze, tongue depressors and similar items shall
be securely wrapped and placed in heavy waxed paper or plastic bags which shall be
securely closed by tying or stapling and which shall then be placed in metal trash cans
which have overlapping, fly-tight lids. Such lids shall be kept in place at all times except
while the trash cans are being filled or emptied by a person authorized so to do.
Sec. 11.16.070.2.4. SAME. SAME. SYRINGES AND NEEDLES. Syringes,
needles, hypodermic syringes and needles and similar soft plastic items shall be disposed
of in the manner provided by Section 11.16.070.2.2, or may be disposed of in the manner
provided by Section 11.16.070.2.3 if the contents first be entirely removed therefrom, the
needles broken, and the syringe or container be so broken or cut up by an approved
method as to render the same unusable for any purpose whatsoever.
Sec. 11.16.070.3. SAME. OTHER REGULATIONS. If any requirements of
Section 11.16.070.2 and the subsections thereof conflict with any applicable State or
County law, regulation or administrative practice, the more stringent law or regulation
shall apply.”
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall
cause a copy of same to be posted per Resolution No. 7483 and within fifteen (15) days
after its adoption. This Ordinance shall take effect on the thirty-first (31st) day after its
adoption.
[SIGNATURES ON THE NEXT PAGE]
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Passed, approved, and adopted this 1st day of April, 2025.
________________________
Mayor of the City of Arcadia
ATTEST:
________________________
City Clerk
APPROVED AS TO FORM:
________________________
Michael J. Maurer
City Attorney
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City of Arcadia – PH-005590
Contract No. PH-005590
DEPARTMENT OF PUBLIC HEALTH
PUBLIC HEALTH SERVICES CONTRACT
THIS CONTRACT “Contract” is made and entered into on _______________
by and between COUNTY OF LOS ANGELES
(hereafter "County")
and CITY OF ARCADIA
(hereafter "City")
THIS PUBLIC HEALTH SERVICES CONTRACT ("Contract") is made by and
between the County of Los Angeles, hereinafter referred to as the "County", and the
City of Arcadia hereinafter referred to as "City."
RECITALS:
The City desires to continue to contract with the County for the performance of public
health services by the County’s Department of Public Health (“Public Health”), for the
County’s Health Officer to act as the City’s Health Officer, and for the County's
Department of Public Health to serve as the City's Environmental Health Department.
The County agrees to continue performing such services on the terms and conditions
set forth in this Contract.
This Contract is authorized by California Health and Safety Code Sections 101400 and
101405.
To effectuate public health services for the City, the County and its duly appointed
Health Officer shall exercise the powers and duties that are conferred upon local health
officers by law.
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City of Arcadia – PH-005590
The County Health Officer shall fulfill the obligations and exercise the authority
conferred by California Health and Safety Code Sections 101470 and 101475 within the
territorial jurisdiction of the City in the performance of this Contract.
THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS :
1. TERM: This Contract shall become effective upon date of execution, and
replace all prior contracts for public health services between the City and County.
This contract shall continue in full force and effect until June 30, 2029. Subject to
Section 7 below, this Contract shall thereafter be automatically renewed for
consecutive five (5) year terms, for an indefinite period, without further action by
either City or County, unless City or County terminates the Contract in the
manner set forth in Section 7.
2. PUBLIC HEALTH SERVICES: The County and the County’s Health Officer shall
observe and enforce within the territorial jurisdiction of the City all of the
following:
a. Orders, quarantine, and other regulations, concerning public health,
prescribed by the California Department of Public Health (“CDPH”).
b. Statutes relating to public health.
c. Provisions of Los Angeles County Code, Title 11, and any amendments
thereto, as adopted by City by ordinance or resolution, to the same extent
as they are enforced in the unincorporated area of the County.
3. DESCRIPTION OF PUBLIC HEALTH FUNCTIONS:
a. The performance of all public health services, the standard of performance
and other matters incidental to the performance of public health services
and observation and enforcement of public health statutes, regulations,
ordinances and CDPH orders and guidance shall be determined solely at
the discretion of the County Health Officer and/or Director of County
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City of Arcadia – PH-005590
Public Health. The control of County personnel under this Contract shall
remain exclusively with the County.
b. The County agrees to continue to perform for the City such public health
services as are authorized or mandated by state laws or regulations
related to public health, to be performed by the local health officer or local
enforcement agency.
i. Pursuant to California Health and Safety Code section 101045, the
County shall investigate health and sanitary conditions in detention
facilities operated by the City, if any. County may bill and receive
payment from City for inspection and reporting services in the
manner provided by Paragraph 4, subsections (g) and (h) of this
Contract.
ii. For future enactments of state law or regulation, County agrees to
perform public health services that impose a specific duty or
obligation on the local health officer to observe or enforce. Should
future state law statutory or regulatory enactment related to public
health not impose a duty or obligation on the local health officer,
City may request in writing that the County perform that public
health service. Should County elect to perform that discretionary
public health service for City, pursuant to such City request, then
County may bill and receive payment from City for inspection and
reporting services in the manner provided by Section 4,
subsections (g) and (h) of this Contract.
c. The County agrees to continue to perform for the City such public health
services as authorized or mandated by provisions of Title 11 of the Los
Angeles County Code, and any amendments or additions thereto, that the
City has adopted via ordinance or resolution.
i. Should the County Board of Supervisors enact future provisions to
or amend existing provisions of Title 11 of the Los Angeles County
Code, County will inform the City of the newly enacted provision or
amendment via email to the City’s Manager, and describe the
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City of Arcadia – PH-005590
enacted new provision or amendment and the impact to the
services performed under this Contract, if any.
ii. For future ordinances that may be enacted by the Board of
Supervisors into Title 11 of the Los Angeles County Code, in order
for the County to observe and enforce that enacted ordinance
within the City, the City must approve the incorporation of the
identical version of that new Title 11 provision into its municipal
code via ordinance or by resolution of the City Council.
iii. Any future amendments to provisions of Title 11 of the Los Angeles
County Code that exist in the City’s Municipal Code at the date of
the execution of this Contract, shall be incorporated by the City into
its municipal code.
d. The County shall issue public health permits and licenses to permittees
located within the City and collect the fees as provided for in Los Angeles
County Code, Title 8, Chapter 8.04. Such fees shall be retained by
County Public Health for the benefit of County as full compensation for the
services performed by the Public Health Director and County Health
Officer on behalf of the City.
i. County may, from time to time, amend or alter the public health
permit or license fees charged to those individuals or entities
required to obtain a public health permit or license pursuant to
either state statute or Los Angeles County Code, Title 8, Chapter
8.04.
ii. City may not set, collect, or retain public health permit or license
fees for any public health service performed by County under this
Contract.
e. For the purpose of performing said functions, County shall furnish and
supply all necessary labor, supervision, equipment, and supplies
necessary to provide the public health services described in this Contract
and as necessary to protect the public health, safety, and welfare as
determined by Public Health in its sole discretion. All persons employed in
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City of Arcadia – PH-005590
the performance of public health services and functions under this
Contract shall be County personnel.
4. GENERAL TERMS:
a. To facilitate the performance of public health services, City and County will
cooperate and assist each other to fulfill the purpose and intent of this
Contract.
b. Exhibit A of this Contract, which is attached hereto and incorporated
herein, shall provide the language of the City’s Municipal Code, as
amended, that reflects the City’s specific adoption of Division 1 of Title 11
of the Los Angeles County Code as of the effective date of this Contract.
Exhibit A may be revised to reflect any changes to the City’s Municipal
Code regarding Title 11 of the Los Angeles County Code.
c. All persons employed in the performance of such public health duties,
functions and services for City shall be County employees or personnel
and no City employee shall be supplanted by County, and no person
employed by County under this Contract shall have any City pension, civil
service, or any status or right.
d. The City shall not be called upon to assume any liability for the direct
payment of any salary, wages or other compensation to any County
personnel performing services hereunder for the City, or be liable for
compensation to or required to indemnify any County employee for injury
or sickness arising out of his or her employment.
e. The parties have executed an Assumption of Liability Contract approved
by the Board of Supervisors on December 27, 1977, and/or a Joint
Indemnity Contract approved by the Board of Supervisors on October 8,
1991. Whichever of these documents the City has signed later in time is
currently in effect and hereby made a part of and incorporated into this
Contract by reference. In the event that the Board of Supervisors later
approves a revised Joint Indemnity Contract, and the City executes the
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City of Arcadia – PH-005590
revised contract, the subsequent contract as of its effective date shall
supersede the contract previously in effect between the parties hereto.
f. City is not required to separately reimburse County for the performance or
enforcement of any City ordinance or resolution which adopts identical
provisions of Los Angeles County Code, Title 11, and its amendments.
g. Should City request in writing additional public health services of the
County, that are not required by statute, regulation or CDPH Order, or as
provided in Title 11 of the Los Angeles County Code, the County may
charge the City, at rates approved by the Board of Supervisors, an hourly
rate that will reimburse the County for the costs for the provision of those
specific public health services.
h. County, through its Director of Public Health, must render to City within
twenty (20) calendar days after the close of each calendar month an
itemized invoice which covers all extra services performed for City if such
services were requested by the City in writing, during said month, and City
must pay County within thirty (30) days after date of such invoice.
i. If a violation of public health statutes, regulations or ordinances results in
a public health hazard within the City, County will notify the City Manager
in writing. If the City elects to pursue legal prosecution or abatement, City
shall provide to County contact information for counsel that will represent
the City or the People in any legal proceeding to abate or mitigate the
public health hazard. City shall bear the full cost of such proceedings.
County may bill City on an hourly basis for time spent by County
employees participating in such legal proceedings.
5. NOTICES: Notices hereunder must be in writing and may either be delivered
personally or sent by registered or certified mail, return receipt requested,
postage prepaid, attention to the parties at the addresses listed below. Public
Health Director, or the Director’s designee, is authorized to execute all notices or
demands which are required or permitted by County under this Contract.
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Addresses and parties to be notified may be changed by providing at least ten
(10) working days prior written notice to the other party.
A. Notices to County must be addressed as follows:
(1) Department of Public Health
Environmental Health – Administrative Headquarters
5050 Commerce Drive
Baldwin Park, California 91706
Attention: Director, Environmental Health
E-mail: EHAdmin@ph.lacounty.gov
(2) Department of Public Health
Contracts and Grants Division
5555 Ferguson Drive, 2nd Floor, Suite 210
Commerce, CA 90022
Attention: Division Director
Email: contracts-grants@ph.lacounty.gov
(3) Department of Public Health
Office of the Director
Attention: Director, Public Health
313 North Figueroa Street
Los Angeles, CA 90012
Email: DPHDirector@ph.lacounty.gov
B. Notices to City must be addressed as follows:
(1) City of: Arcadia
Attention: City Manager
240 West Huntington Drive, P.O. Box 60021
Arcadia, CA 91066
Email: domlazz@ArcadiaCA.gov
Phone: (626) 574-5400
6. GOVERNING LAW, JURISDICTION, AND VENUE : This Contract will be
governed by, and will be construed in accordance with, the laws of the State of
California. City agrees and consents to the exclusive jurisdiction of the courts of
the State of California or the United States Courthouse, Central District, Western
Division, for all purposes regarding this Contract and further agrees and consents
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that venue of any action brought under this Contract shall be exclusively in the
County of Los Angeles.
7. TERMINATION FOR CONVENIENCE : The performance of services under this
Contract may be terminated, with or without cause, in whole or in part, from time
to time when such action is deemed by County or City to be in their own best
interest. Termination of services hereunder shall be effectuated by the delivery
of an advance written Notice of Termination of the entire Contract by one party to
the other at least one hundred and eighty (180) calendar days prior to July 1 of
the following calendar year. The termination of services may only be effective on
July 1 of the calendar year, so as to assure no lapse in public health and local
health officer services to the residents of City.
8. ALTERATION OF TERMS/AMENDMENTS: The body of this Contract and any
Exhibits attached hereto, and documents incorporated by reference, fully
expresses all understandings of the parties concerning all matters covered and
shall constitute the total Contract. No addition to, or alteration of, the terms of
this Contract, whether by written or verbal understanding of the parties, their
officers, employees or agents, shall be valid and effective unless made in the
form of a written amendment to this Contract which is formally approved and
executed by the parties in the same manner as this Contract.
9. INDEPENDENT CONTRACTOR STATUS: This Contract is by and between the
County and City and is not intended, and shall not be construed, to create the
relationship of agent, servant, employee, partnership, joint venture, or
association, as between the County and City. The employees and agents of one
party shall not be, or be construed to be, the employees or agents of the other
party for any purpose whatsoever.
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10. NO INTENT TO CREATE A THIRD-PARTY BENEFICIARY CONTRACT :
Notwithstanding any other provision of this Contract, the parties do not in any
way intend that any person shall acquire any rights as a third-party beneficiary
under this Contract.
11. VALIDITY: If any provision of this Contract or the application thereof to any
person or circumstance is held invalid, the remainder of this Contract and the
application of such provision to other persons or circumstances shall not be
affected thereby.
12. WAIVER: No waiver by the County of any breach of any provision of this
Contract shall constitute a waiver of any other breach or of such provision.
Failure of the County to enforce at any time, or from time to time, any provision of
this Contract shall not be construed as a waiver thereof. The rights and
remedies set forth in this paragraph shall not be exclusive and are in addition to
any other rights and remedies provided by law or under this Contract.
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IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles
has caused this Contract to be subscribed by its Director of Public Health, and
Contractor has caused this Contract to be subscribed in its behalf by its duly
authorized officer, the month, day, and year first written above.
CITY OF ARCADIA COUNTY OF LOS ANGELES
By: ____________________________ By: _____________________________
Dominic Lazzaretto Barbara Ferrer, Ph.D., M.P.H., M.Ed.
City Manager Director
Date: ___________________________ Date: ___________________________
APPROVED AS TO FORM APPROVED AS TO FORM
BY THE OFFICE OF THE CITY ATTORNEY BY THE OFFICE OF THE COUNTY COUNSEL
MICHAEL J. MAURER, City Attorney DAWYN R. HARRISON, County Counsel
By: ____________________________ APPROVED AS TO CONTRACT
City Attorney ADMINISTRATION:
Department of Public Health
Date: ___________________________
By: _____________________________
Contracts and Grants Division
ATTEST:
LINDA RODRIGUEZ, City Clerk
Date: ___________________________
By: ____________________________
City Clerk
Date: ___________________________
(AFFIX CORPORATE SEAL HERE)
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ARCADIA – PH-005590
Exhibit A:
CITIES - HEALTH OFFICER - ADOPTION OF COUNTY CODE
ARCADIA
ADOPTION OF OUR COUNTY CODE TITLE 8 & TITLE 11
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. (Amended
by Ord. 2171 adopted 2-18-03: Ord. 1264 adopted 10-20-64; amended by Ord. 1495 adopted
10-16-73; amended by Ord. 1514 adopted 9-3-74)
(Amended by Ord. 2282, adopted 4-5-11)
CITY MUNICIPAL CODE EXCLUSION OF SPECIFIC PUBLIC HEALTH SERVICES
None
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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 HEAL TH 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
Attachment No. 3
"5600. LOS ANGELES COUNTY HEAL TH 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 5th
ATTEST:
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
2
day of April , 2011.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2282 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 5th day of April, 2011 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Council Members Chandler, Harbicht, Kovacic and Amundson
NOES: None
ABSENT: Council Member Segal
4� JI&_4:0 ity Clerk of the City of Arcadia
3
day of
AGREEMENT -HEALTH SERVICES
J/1 I 7 :). t/ :J,_
THIS AGREEMENT, made and entered into this 12th
__ F_eb_ru_a_r_Y _______ , 19�, by and between
the COUNTY OF LOS ANGELES, State of California, hereinafter
called the "County," and the CITY OF ___ A_r_c_a _d_i_a _____ ,
Los Angeles County, California, a municipal corporation,
hereinafter called the "City,"
WITNESSETH:
THAT WH EREAS, Sections 480, 481 and 482 of the
Health and Safety Code of the State of California
authorize the Board of Supervisors of the County to contract
with the City for the performance by the Health Officer
and other employees of the County of any or all functions
relating to the enforcement in the City of all ordinances
thereof relating to public health and sanitation, and the
making of all inspections and the performance of all
functions in connection therewith at cost;
NOW, THEREFORE, in consideration of the mutual
covenants and agreements herein contained, it is hereby
agreed as follows:
FIRST: The County agrees to render such public
health services as authorized by Sections 480 and 482 of
the Health and Safety Code of the State of California and
as may be required by the City as provided by its
d t d �PPPOI/ED �y COARDf OF SUP!:RVISORSordinances now in effect or hereafter a op e. Cop�es o
•) () '1 qr.") <) 'l)J
Attachment No. 4
compensate the County for the cost of providing said
service, as defined in Paragraph Ninth hereof. Further,
it is expressly understood that the City shall notify
the County Health Officer of its intent to avail itself
of rodent control or extermination; that the City shall
set aside a sum sufficient to cover the cost of rodent
control or extermination; that the County Health Officer
shall be notified of the amount set aside for the control
and suppression of rodents; and that the County shall not
exceed the amount set up by the City unless expressly
authorized in writing to do so by the City.
SIXTH: The County agrees to submit to the City
during the life of this agreement periodic statements in
duplicate for services rendered during the period covered,
and the City agrees to pay the cost thereof within thirty
(30)days after receipt of such billing. If the City
desires monthly billing it shall notify the County in
writing, otherwise billing periods shall be fixed by the
County.
SEVENTH: It is expressly agreed between the parties
hereto that nothing herein contained shall be construed to
bind the City to designate or demand of the County, or the
County to furnish any particular number of inspections or
visits.
EIGHTH: Performance hereunder shall commence on
February 12, , 19 64 , and this contract shall
remain in full force and effect to July l; 19-6,L, and
unless then terminated shall be renewed without further action
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home parks and as may be requested pursuant to such
sections by the City. It is understood that any such
requests shall be in writing, directed to the County
Health Officer and specifically designate the services
to be required pursuant to any or all of the above
sections of the Health and Safety Code. Such notification
to the County Health Officer from the City shall indicate
the election of the City that the City agrees either to
pay the cost as defined in Paragraph Ninth hereof for
the enforcement of said provisions of Division 13, Part 2
of the Health and Safety Code or that the City desires
the County Health Officer to collect and retain the annual
operating permit fees as prescribed in Division 13, Part
2 as full compensation for services performed by the
County Health Officer.
INWITNESS WHEREOF, the parties hereto have
executed this agreement the day and year first above written.
CITY OF Ch,c,a_d,,e_'a._,
BY � )0-ili'-0�.
��ST: , L,, �MAYOR -
{__;1:{_;ua:t_,ic,U (/MG,�?C&_d/J�City Clerk
ATTEST:
GORDON T. NESVIG Clerk of the Board of Supervisors
WINIFRED BERNSTEIN
Deputy
A PPR()VED AS TO FORM
COUNTY OF LOS ANGELES
{5.IAL) BY W$BREN M. � Cha1rman�Boar of Supervisors
HAROLD W. KENNEDY, County Counsel
BY_Jf7 �¥ J\.FFROVED AS TO FO.Fu,1 ,
Depuy
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