02-23-2021 - AGENDA ITEM 01 Consideration of Termination of Health Officer Services Provided by the Los Angeles County Department of Public Health Pursuant to California Health and Safety Code section 101375AGENDA ITEM NO. 1
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: February 23, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: Consideration of Termination of Health Officer Services Provided by the Los Angeles County
Department of Public Health Pursuant to California Health and Safety Code section 101375
RECOMMENDATION:
It is recommended that the City Council provide direction to staff regarding terminating Health Officer
Services provided by the Los Angeles County Department of Public Health pursuant to California Health and
Safety Code section 101375 and pursuing the establishment of a local health department. If the City Council
desires to terminate said services, the City Council would take the following actions:
1. Adopt the following resolution:
RESOLUTION NO.2021-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, TERMINATING THE LOS ANGELES COUNTY HEALTH OFFICER'S
SERVICES RELATING TO ORDERS AND QUARANTINE REGULATIONS PRESCRIBED BY THE
STATE DEPARTMENT OF PUBLIC HEALTH, OTHER REGULATIONS ISSUED UNDER THE HEALTH
AND SAFETY CODE AND STATUTES RELATING TO THE PUBLIC HEALTH
2. Introduce and adopt, by a four -fifths (4/5) vote of the City Council, the following urgency ordinance:
URGENCY ORDINANCE NO. 2476 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, TERMINATING THE LOS ANGELES COUNTY HEALTH
OFFICER'S SERVICES RELATING TO ORDERS AND QUARANTINE REGULATIONS PRESCRIBED
BY THE STATE DEPARTMENT OF PUBLIC HEALTH, OTHER REGULATIONS ISSUED UNDER THE
HEALTH AND SAFETY CODE AND STATUTES RELATING TO THE PUBLIC HEALTH
BACKGROUND:
The City of West Covina currently receives its public health services through the Los Angeles County
Department of Public Health (County Health Department). California Health and Safety Code section
101375 provides: "[w]hen the governing body of a city in the county consents by resolution or ordinance, the
county health officer shall enforce and observe in the city all of the following: (a) [o]rders and quarantine
regulations prescribed by the department and other regulations issued under this code [and] (b) [s]tatutes
WHEREAS, the City Council believes that establishing the City's own local health
department is necessary for the immediate preservation of the public peace, health and safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds that all of the recitals set forth herein are
true and correct.
SECTION 2. Ureency Measure. The City Council hereby finds and determines that this
Ordinance is an urgency measure necessary for the immediate preservation and protection of the
public health, safety and welfare, and it shall take effect immediately upon adoption. The City
Council finds that the following circumstances constitute such urgency: (1) the City Council
desires to maintain local control over public health issues and better serve the community; (2) in
order to maintain local control over public health issues and better serve the community, the City
Council desires to establish the City's own local health department; (3) to establish a local health
department, the City must terminate the services provided by the Los Angeles County Department
of Public Health; (4) to terminate the services provided by the Los Angeles County Department of
Public Health, namely those services provided pursuant to Health and Safety Code section 101375,
the City is required, pursuant to Health and Safety Code section 101380, to adopt a resolution and
ordinance and submit certified copies of said resolution and ordinance to the Clerk of the Los
Angeles County Board of Supervisors on or before March 1, 2021 in order for termination of said
services to be effective July 1, 2021; and (5) in order to meet the March 1, 2021 deadline, this
Ordinance must take effect immediately.
SECTION 3. Termination of County Services. The City Council hereby terminates the
Los Angeles County Health Officer's services provided pursuant to Health and Safety Code
section 101375.
SECTION 4. Severability. If any section, subsection, clause or phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of all other provisions of this
Ordinance. The City Council of West Covina hereby declares that it would have passed this
Ordinance, and each section, subsection, sentence, clause and phrase or portion thereof,
irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or
phrases or portions thereof be declared invalid or unconstitutional.
SECTION 5. Effective Date. This Ordinance shall take effect immediately.
SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall cause this Ordinance to be published or posted as required by law.
SECTION 7. Certified Cony. The City Clerk shall serve a certified copy of this Ordinance
on the Clerk of the Los Angeles County Board of Supervisors on or before March 1, 2021.
ATTACHMENT NO.2
PASSED, APPROVED AND ADOPTED this 23rd day of February, 2021.
Letty Lopez-Viado
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California,
do hereby certify that the foregoing Urgency Ordinance No. 2476 was duly introduced and adopted
by the City Council of the City of West Covina, California, at a special meeting thereof held on
the 23rd day of February, 2021, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
PEFGY R. JA�KSoN
C. C. TOLANO
J �J
l '7`� - — ----
CITY OF WEST COVINA
(--F—El COVINA, CALIFORNIA
RESOLUTION NO.
A RESOIUT 1014 CONSENTING TO THE IN FCR OE2TN T
WITHIN THE CITY OF S�YH T _CQVIj A, CALIF MIA,
OF ALL ORDERS, QUARANTINE REGULATIONS AND
RULES PRESCRIBED BY THE STATE BOARD OF
HEALTH AND OF ALL STATUTES RELATING TO
PUBLIC HEALTH AND TO VITAL ST '3'IST ICS BY
THE HEALTH OFFICER OF THE COUNTY 0- LOS
ANGEL ES .
At the regular meeting of the City Council of the City of ?lest
Covina held on February 26, 1936, the following Resolution woo
offered by Councilman F.L. ";owder, seconled by Councilman C.H.
Coffman and unanimously adopted:
RESOLVED: That the City of eat Covina does hereby consent
To the enforcement within its City Limits of all
orders, quarantine regulations and rules pre-
scribed by the State board of Health and of all
statutes relating to public health and to vital
statistics by the Health Officer of the County
of Loa Angeles.
This Resolution is adopted pursuant to Section 4224 of the
Political Code of the State of California, as amended in 1935, it
being the intention of the City of ,rest Covina to avail itself of
all the terms of said Section.
.,-ayor o e yy or 7,eat Covina
ATTEST:
i`O city -lark
11
P.K- R. J.^.KSON
C. C. TCLAND
CITY OF WEST COVINA
(-T-F...) COVINA. CALIFORNIA
STATE OF CALIFORNIA i
COUNTY OF LOS ANGELES
CITY OF WEST CO YI1J A )
I, C. C. TOLAND, City Clerk of the City of West Covina
hereby certify that the foregoing Resolution was adopted by the
City Council of the City of ',lest Covina at the regular meeting of
said Council on the 26tb day of February, 1936, and signed by the
'-'ayor of Bald City, and that said Resolution was adopted by the
follovdng votes:
AYES: P.R. Jackson, P.L. Mowder, C.H. Coffman and L. Reeg
NOES: Pion
ABSENT: J.K. Hedges
000009
f 2fu8
F
AGREEMENT - HEALTH SERVICES No.
THIS AGREEMENT, made and entered into this ]st
day of DULY , 19 63 , by and between
the COUNTY OF LOS ANGELES, State of California, hereinafter
called the "County," and the CITY OF WtST CcU, 9 ,
Los Angeles County, California, a municipal corporation,
hereinafter called the "City,"
WITNESSETH:
THAT WHEREAS, 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
ordinances now in effect or hereafter adopted. Copiag qf,
all ordinances now in effect, or hereafter adopted, and
all amendments thereto, shall be promptly supplied the
County of Los Angeles. It is understood that the City,
upon proper resolution by the City Council, shall make
request in writing to the County Health Officer for perform-•
ante of services required under ordinances now in effect or
later to be enacted.
SECOND: The City agrees to pay the cost as defined
in Paragraph Ninth hereof, for the enforcement of said
ordinance or ordinances, or in its election, the provisions
in Paragraph Fifteenth. Costs of services rendered under
Paragraph Fifth shall be paid pursuant to Paragraph Ninth.
Services performed under Paragraph Sixteenth shall be paid
for in the manner of election as provided for therein.
THIRD: It is expressly and mutually agreed that the
City shall compensate the County for court time in the
enforcement of local ordinances on the basis of the cost of
performing said work as defined in Paragraph Ninth hereof,
reduced by the amount recovered by witness fees.
FOURTH: No services to be compensated for pursuant
to Paragraphs Third and Ninth hereof shall be performed
unless said City shall have available funds previously
appropriated to cover the costs hereof.
FIFTH: In the event the City desires to have rodent
control and extermination measures undertaken by the County,
it is expressly and mutually agreed that the City shall
_2_
000002
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
11TTY l' 19 3 , and this contract shall
remain in full force and effect to July 1, 1968 , and
unless then terminated shall be renewed without further action
-3-
000003
of the contracting parties from year to year. Either
party hereto shall have the right to terminate this
agreement at the end of any fiscal year by giving written
notice of such intention to so do, such notice to be given
not less than thirty (30) days prior to the end of any
fiscal year.
NINTH: The City agrees to pay the County the cost
of performing all services covered by this agreement, except
as otherwise provided in Paragraph Fifteenth hereof. Costs
shall include salaries of employees engaged in performing
said services, a pro -rate of vacation and sick leave,
supervision of such employees while so employed, the County
Retirement Contribution and Workmen's Compensation Insurance
Premiums on salaries, traveling expenses, supplies, plus a
Pro -rate of all indirect expenses. If the cost of providing i
the services changes, the City shall be notified of each
such change in writing.
TENTH: For the purpose of performing said functions,
County shall furnish and supply all necessary labor,
supervision, equipment, communication facilities, and supplies
necessary to maintain the level of service to be rendered
hereunder.
ELEVENTH: Notwithstanding anything hereinbefore
contained, it is agreed that in all instances where special
supplies, stationery, notices, forms, and the like must be
issued in the name of said City, the same shall be supplied.
-4-
000004
by said City at its own cost and expense.
TWELFTH: All persons employed in the performance
of such services and functions for said City shall be
County employees, and no City employee as such shall be
taken over by said County, and no person employed hereunder
shall have any City pension, civil service, or any status or
right.
For the purpose of performing such services and
functions, and for the purpose of giving official status
to the performance thereof, every County officer and
employee engaged in performing any such service and function
shall be deemed to be an officer or employee of said City
while performing service for said City, which service is
within the scope of this agreement and is a municipal
function.
THIRTEENTH: City shall not be called upon to assume
any liability for the direct payment of any salaries, wages,
or other compensation to any County personnel performing
services hereunder for said City, or any liability other than
that provided for in this agreement.
Except as herein otherwise specified, the City shall
not be liable for compensation or indemnity to any County
employee for injury or sickness arising out of his
employment.
FOURTEENTH: County, its officers and employees, shall
not be deemed to assume any liability for intentional or
-5-
000005
negligent acts of said City or of any officer or employee
thereof.
FIFTEENTH: In the event City by ordinance adopts
the provisions of the Public Health Code of County
(Ordinance No. 7583), the Health Officer shall perform the
services necessary to enforce said ordinance provisions in
the City to the same extent as the County Ordinance is
enforced in unincorporated territory, and shall issue the
permits and collect the fees provided for in Section 750 of
said Public Health Code.
Said fees shall be retained by the Health Officer
for the benefit of County as full compensation for the
services performed by the Health Officer in the enforcement
of said ordinance provisions, except that any court time
spent in the enforcement thereof shall be compensated for
in accordance with Paragraph Third hereof. In the event
and whenever County Ordinance No. 7583 is amended to
change the amount or amounts of any of the said permit fees,
City shall at once amend its ordinance to provide permit
fees in the exact amount as those designated in the County
Ordinance as amended.
In the event that the City elects to set, collect
and retain its own permit fees, it shall so notify the County
Health Officer, and shall thereafter pay the cost of the
service under this paragraph pursuant to Paragraph Ninth.
SIXTEENTH: The County agrees to enforce the
Provisions of Division 13, Part 2 of the Health and Safety
Code of the State of California, relating to the sanitation,
maintenance, use and occupancy of mobile homes and mobile
-6- 000006
relating to the public health." In 1936, the City of West Covina adopted Resolution No. 2, consenting to the
enforcement of all orders, quarantine regulations and rules prescribed by the State Board of Health, of all
statutes relating to public health and to vital statistics by the County of Los Angeles (County) Health Officer
within West Covina limits (Attachment No. 3). In 1963, West Covina entered into its current Health Services
Agreement (Agreement) with the County (Attachment No. 4). Pursuant to the Agreement, the County provides
health department services, including the enforcement of all ordinances relating to health and sanitation,
inspections and related functions. The City's Health Code, which adopts by reference the County's Public
Health Code, is set forth in Article II (Health Code) of Chapter 13 (Health and Sanitation) of the West Covina
Municipal Code.
On March 4, 2020, Governor Newsom proclaimed a state of emergency to exist in the State of California in
response to the COVID-19 outbreak. Since the state of emergency was declared, Governor Newsom along
with the County Health Department have imposed health orders aimed at curbing the spread of the virus.
While well intended, the health orders at times have had no data or scientific evidence to support the mandated
orders. In addition, the pandemic has impacted communities differently throughout Los Angeles County. Los
Angeles County is one of the largest counties in the nation at 4,084 square miles, and has the largest
population in the nation, with nearly 10 million residents, who account for 27% of California's population. The
combination of the County's vast geographic area with the significant population size make it difficult to
address the specific needs of communities that are impacted differently by the pandemic with one -size -fits -all
policies. Each community and region within the County have had drastically different case rates and
hospitalization numbers. West Covina has had relatively low infection rates compared to the Countywide rates
even during the times the pandemic was surging in the County.
On December 1, 2020, in response to complaints from residents and the business community and a desire to
provide a more appropriate response to the pandemic based on West Covina's data, the West Covina City
Council directed staff to explore methods to improve local public health — including alternatives to the County
Health Department. Various cities in Los Angeles County also expressed their concern over the County's
Health Department's one -size -fits -all approach to the pandemic, including Beverly Hills, Whittier, Lancaster,
and Hawaiian Gardens.
On December 9, 2020, the City engaged Valley Physicians Medical Group, through Dr. P. Basil Vassantachart,
MD, to provide consulting services relating to evaluating options for establishing a local health department.
DISCUSSION:
Pursuant to Health and Safety Code section 101885, a "local health department" is defined to include four
types of public health administrative organizations, including "[t]he health department of a city of 50,000 or
greater population, except that the governing body of the city by resolution may declare its intention to be
included under the jurisdiction of the county health department, as provided by existing statutes."
At the January 19, 2021 City Council meeting, Dr. Vassantachart provided a presentation on alternatives to the
County Health Department, including the following information:
City has the authority under the State of California to establish City's own local health department
There are several options:
o Full -Service Local Health Department
o Basic Limited Local Health Department
o Negotiate authority and duties with County Health Department
In the State of California, there are only four cities in that have their own health departments: Pasadena, Long
Beach, Vernon and Berkeley. Berkeley established its health department in 1880, Pasadena established its
health department in 1892, and Long Beach established its health department in 1906. The City of Vernon
changed its health department to its current form in 1986.
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 CITY OF WEST COVINA
ATTEST-/ BY2c
MA R
City Clerk
ATTEST: (SEA!)
COUNTY OF LOS ANGELES
B
GORDON T. NESVIG Y WARREN M. DORN
Clerk of the Chairman, oar of Supervisors
Board of Supervisors
WINTRED BERNSTEIN
Deputy
APPRIVED AS TO FORM
HAROLD W. KENNEDY, County Counsel
BY
4/63 -7-
000007
Overview of Requirements for Operating a Local Health Department
The California Department of Public Health is responsible for establishing, by regulation, standards of
education and experience for professional and technical personnel employed in local health departments and
for the organization and operation of local health departments. The requirements are set forth in Chapter 3 of
Division 1 of Title 17 of the California Code of Regulations (CCRs).
Generally, the CCRs require that local health departments have the following staff: health officer, clerical staff,
nursing staff, environmental health staff, and a public health laboratory director. Local health departments are
also required to maintain and operate a central office and headquarters on a full-time basis during the normal
work week of the local government as well as a principal public health laboratory.
In order to qualify for funds made available to local health departments pursuant to the Health and Safety
Code, a local health department is required to perform all of the duties and functions imposed upon it by the
Health and Safety Code, other California statutes, and by the rules, regulations and orders of the California
Department of Public Health.
Pursuant to 17 CCR 1276, a health department is required to provide at least the following basic services:
a. Collection, tabulation, and analysis of all public health statistics
b. Health education programs
c. Communicable disease control (including availability of adequate isolation facilities)
d. Medical, nursing, education and other services to promote maternal and child health
e. Environmental health and sanitation services/programs (food, housing and institutions, radiological
health in local jurisdictions, milk and dairy products in local jurisdictions, water -oriented recreation,
safety, vector control, wastes management, among others)
f. Laboratory services
g. Services in nutrition
h. Services in chronic disease
i. Services directed to social factors affecting health
j. Services in occupational health
k. Appropriate services in the field of family planning
1. Public health nursing services to provide for the preventative and therapeutic care of the population
served.
Requirements to Establish Local Health Department
If the City desires to establish its own local health department, the City must first terminate the services
provided by the County. Pursuant to Health and Safety Code section 101380, the services provided by the
County pursuant to Health and Safety Code section 101375 "... shall continue indefinitely until the governing
body of the city terminates them by adoption of a resolution and ordinance and service of a certified copy on
the clerk of the board of supervisors on or before the first day of March of any subsequent year. The services
of the county health officer shall terminate on the first day of July following service of notice" Based on the
express language of the statute, the City Council is required to adopt both a resolution and an ordinance
terminating the County's services, and serve a certified copy of the resolution and ordinance on the Clerk of
the County Board of Supervisors no later than March 1, 2021. The termination will be effective July 1, 2021.
Based on the statutory requirements, staff has prepared for the City Council's consideration a resolution and
urgency ordinance to terminate the County's services.
The required ordinance is proposed as an urgency ordinance due to the March 1, 2021 deadline. Pursuant to
Government Code section 36937, the City can adopt an ordinance to take effect immediately if the ordinance
is necessary for the immediate preservation of the public peace, health or safety, contains a declaration of facts
constituting such urgency, and is passed by a four -fifths (4/5) vote of the City Council.
If the City Council adopts the resolution and urgency ordinance, staff will submit certified copies to the
County by the March 1, 2021 deadline. The termination would be effective July 1, 2021.
By adoption of the resolution and urgency ordinance, the City would only be terminating the County Health
Officer's services identified in Health and Safety Code section 101375. To fully terminate the County's health
services, the City is required to provide notice of termination of the Health Services Agreement at least 30
days prior to the end of the fiscal year, or by May 31, 2021.
West Covina Business Information
In considering proceeding with a local health department, the following is a breakdown of the business types
in the City.
Business Type
# of Businesses in West Covina
Restaurants
183
Grocery Stores
9
Retail (Food)
22
Industrial / Manufacturing
12
Medical
162
Hospices / Assisted Living Homes
31
Retirement Homes
10
Permanent Makeup/Tattoo
5
In addition, there are services that the County Health Department provides to our local school districts,
hospitals, clinics, mobile food vendors, among others.
Budgets for Local Health Departments
The following are samvles of bud¢ets for local health devartments in California.
Health
Department
Population
Budget
Revenues
Personnel
Divisions /
Programs
Epidemiology,
Administration and
Finance,
Pasadena Public
Environmental
Health
141,029
$15,558,271
Unable to
98.38 FTE
Health, Social and
Department
Find
Mental Services,
Community Health
Services, Prevention
and Policy
Programs
Vernon
112
$1,433,869
$1,112,000
4 FTE
CUPAprogram,
Environmental
Food program,
Health
Storm water
Department
program, Solid
Waste Program
LEA, Garment
Program,
ater/Waste water
systems, Animal &
Vector control,
General
Environmental
health
Aging Services,
City of Berkeley
Housing &
Department of
Unable to
246.18 FTE
Community
Services,
Health, Housing
121,363
$54,578,416
Find
(76.47 FTE
Environmental
and Community
General Fund)
Health, Mental
Services
Health, Public
Health
Community Health,
Long Beach
Environmental
Health and
39.78 FTE
health, Housing
Human Services
62,628
$157,332,435
$58,157,614
(15.10 FTE
Authority, Physician
Department
General Fund)
Services, Policy,
Tanning and
Prevention
*Information is from corresponding City Budgets.
Please note that the health departments listed above receive various types of Federal, State, and local grants
that supplement their general fund monies for the department budget.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and urgency ordinance and approved them as to form.
OPTIONS:
The options available to the City Council are as follows:
Adopt the resolution and urgency ordinance and direct staff submit certified copies of both documents to
the Clerk of the County Board of Supervisors, initiating termination of specified County Health Officer
Services; or
Provide alternative direction.
Prepared by: Paulina Morales, Economic Development & Housing Manager
Fiscal Impact
FISCAL IMPACT:
The County Health Department is funded by assessments on property tax roll. West Covina properties are
currently assessed I% property tax on the value of the home/building, of the I% collected approximately
33.2% is distributed to the County of Los Angeles for county services, including the health department. Of
the property taxes collected in West Covina, approximately $31 million is attributable to LA County for
county services.
The fiscal impact will be dependent on the desired structure for the local health department.
Attachments
Attachment No. 1 - Resolution No. 2021-15
Attachment No. 2 - Urgency Ordinance 2476
Attachment No. 3 - Resolution No. 2
Attachment No. 4 - Health Services Agreement
CITY Respond to the Global COVID-19 Pandemic
COUNCIL
GOALS &
OBJECTIVES:
ATTACHMENT NO.1
RESOLUTION NO.2021-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, TERMINATING THE
LOS ANGELES COUNTY HEALTH OFFICER'S SERVICES
RELATING TO ORDERS AND QUARANTINE
REGULATIONS PRESCRIBED BY THE STATE
DEPARTMENT OF PUBLIC HEALTH, OTHER
REGULATIONS ISSUED UNDER THE HEALTH AND
SAFETY CODE AND STATUTES RELATING TO THE
PUBLIC HEALTH
WHEREAS, Health and Safety Code section 101375 provides: "[w]hen the governing
body of a city in the county consents by resolution or ordinance, the county health officer shall
enforce and observe in the city all of the following: (a) [o]rders and quarantine regulations
prescribed by the department and other regulations issued under this code [and] (b) [s]tatutes
relating to the public health; and
WHEREAS, Health and Safety Code section 101380 provides: "[t]he resolution or
ordinance shall be adopted and a certified copy served on the clerk of the board of supervisors on
or before the first day of March of any year, and the services of the county health officer in the
city shall commence on the first day of July following service of notice. The services shall continue
indefinitely until the governing body of the city terminates them by adoption of a resolution and
ordinance and service of a certified copy on the clerk of the board of supervisors on or before the
first day of March of any subsequent year. The services of the county health officer shall terminate
on the first day of July following service of notice"; and
WHEREAS, on February 26, 1936, the City of West Covina adopted Resolution No. 2,
consenting to the enforcement within City limits all orders, quarantine regulations and rules
prescribed by the State Board of Health and all statutes relating to public health and to vital
statistics by the Health Officer of the County of Los Angeles; and
WHEREAS, the City of West Covina now desires to establish its own local health
department in order to maintain local control over public health issues and better serve the
community; and
WHEREAS, in accordance with Health and Safety Code section 101380, the City Council
now desires to terminate the Los Angeles County Health Officer's services provided pursuant to
Health and Safety Code section 101375.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby terminates the Los Angeles County Health
Officer's services provided pursuant to Health and Safety Code section 101375.
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution
and enter it into the book of original resolutions.
SECTION 3. The City Clerk shall serve a certified copy of this resolution on the Clerk of
the Los Angeles County Board of Supervisors on or before March 1, 2021.
APPROVED AND ADOPTED this 23rd day of February, 2021.
Letty Lopez-Viado
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California,
do hereby certify that the foregoing Resolution No. 2021-15 was duly adopted by the City Council
of the City of West Covina, California, at a special meeting thereof held on the 23rd day of
February, 2021, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT NO.2
URGENCY ORDINANCE NO.2476
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
TERMINATING THE LOS ANGELES COUNTY HEALTH
OFFICER'S SERVICES RELATING TO ORDERS AND
QUARANTINE REGULATIONS PRESCRIBED BY THE
STATE DEPARTMENT OF PUBLIC HEALTH, OTHER
REGULATIONS ISSUED UNDER THE HEALTH AND
SAFETY CODE AND STATUTES RELATING TO THE
PUBLIC HEALTH
WHEREAS, Health and Safety Code section 101375 provides: "[w]hen the governing
body of a city in the county consents by resolution or ordinance, the county health officer shall
enforce and observe in the city all of the following: (a) [o]rders and quarantine regulations
prescribed by the department and other regulations issued under this code [and] (b) [s]tatutes
relating to the public health; and
WHEREAS, Health and Safety Code section 101380 provides: "[t]he resolution or
ordinance shall be adopted and a certified copy served on the clerk of the board of supervisors on
or before the first day of March of any year, and the services of the county health officer in the
city shall commence on the first day of July following service of notice. The services shall continue
indefinitely until the governing body of the city terminates them by adoption of a resolution and
ordinance and service of a certified copy on the clerk of the board of supervisors on or before the
first day of March of any subsequent year. The services of the county health officer shall terminate
on the first day of July following service of notice"; and
WHEREAS, on February 26, 1936, the City of West Covina adopted Resolution No. 2,
consenting to the enforcement within City limits all orders, quarantine regulations and rules
prescribed by the State Board of Health and all statutes relating to public health and to vital
statistics by the Health Officer of the County of Los Angeles; and
WHEREAS, the City of West Covina now desires to establish the City's own local health
department in order to maintain local control over public health issues and better serve the
community; and
WHEREAS, in accordance with Health and Safety Code section 101380, the City Council
now desires to terminate the Los Angeles County Health Officer's services provided pursuant to
Health and Safety Code section 101375; and
WHEREAS, Government Code section 36937 allows a city to adopt an ordinance to take
effect immediately if the ordinance is necessary for the immediate preservation of the public peace,
health or safety, contains a declaration of facts constituting the urgency, and is passed by a four -
fifths (4/5) vote of the City Council; and