Ordinance - 2476URGENCY 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 ofthe 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
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. Urgency 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 S. Effective Date. This Ordinance shall take effect immediately.
SECTION 6. Publication. The City Cleric 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 Copy. The City Clerk shall serve a certified copy ofthis Ordinance
on the Clerk of the Los Angeles County Board of Supervisors on or before March 1, 2021.
PASSED, APPROVED AND ADOPTED this 23rd day of February, 2021.
arrw. F
Mayor
APPROVE TO FORM ATTEST
Thomas P. Duart& Lisa She icl4
City Attorney Assists City Cleric
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: Castellanos, Diaz, Lopez-Viado, Wu
NOES: Tabatabai
ABSENT: None
ABSTAIN: None
Lisa Sh t •icic
Assists City Cleric