5-18-2021 AGENDA ITEM NO.5 - CONSIDERATION OF ORDINANCE NO.2484 TO ESTABLISH A PUBLIC HEALTH DEPARTMENTAGENDA ITEM NO.5
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: May 18, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF ORDINANCE NO. 2484 TO ESTABLISH A PUBLIC HEALTH
DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO.2484 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, REPEALING AND REPLACING ARTICLE I (IN GENERAL) OF
CHAPTER 13 (HEALTH AND SANITATION) OF THE WEST COVINA MUNICIPAL CODE TO
ESTABLISH A PUBLIC HEALTH DEPARTMENT
BACKGROUND:
The City of West Covina receives its public health services through the Los Angeles County Department of Public
Health (County). 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. In
1963, West Covina entered into its current Health Services Agreement (Agreement) with the County. 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.
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 Los Angeles
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 Los Angeles 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 Los Angeles 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.
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.
On February 23, 2021, the City Council adopted Resolution 2021-15 and Urgency Ordinance No. 2476,
terminating the Los Angeles County Health Officer services identified in Health and Safety Code section 10 13 75.
Staff submitted certified copies to the County by the March 1, 2021 deadline. The termination will be effective July
1, 2021.
The City received a letter dated February 23, 2021 from the County Health Department stating the County Health
Department will continue to serve West Covina in its current capacity. The City intends for services paid for by
local property taxes to continue to benefit the community (Attachment No. 2).
On March 16, 2021, the City Council introduced Ordinance No. 2478 (adding the position of Public Health Director
as an exempt position in the municipal code) and Ordinance No. 2479 (adopting by reference County health code
provisions). On April 6, 2021, the City Council adopted Ordinance No. 2478 and Ordinance No. 2479.
At the April 7, 2021 Human Resources Commission meeting, the Commission approved the job description and
salary grade for a Public Health Officer. On April 20, 2021, the City Council adopted the job description and salary
grade for a Public Health Officer.
At the May 4, 2021 City Council meeting, the City introduced Ordinance No. 2484 regarding establishing the West
Covina Health Department, approved the Agreement with Transtech Engineers, Inc. for health services and
adopted Resolution No. 2021-34 establishing the fees and charges for services provide by the West Covina Health
Department.
DISCUSSION:
Chapter 13 of the West Covina Municipal Code needs to be amended to formally create the Health Department and
set forth the functions of the Health Department. Chapter 3 of Division 1 of Title 17 of the California Code of
Regulations (CCRs) generally outlines what a local health department is required to perform. In order to be
accredited as a local health department and be eligible for funds, a local health department must perform all 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.
Ordinance No. 2484 amends Chapter 13 to repeal and replace Article I by formally creating the Health Department
and outlining the functions of the West Covina Health Department, consistent with the requirements of 17 CCR
section 1276.
Staff is recommending that the City Council conduct the second reading and adopt Ordinance No. 2484.
LEGAL REVIEW:
The City Attorney's Office has reviewed the proposed ordinance and approved it as to form.
OPTIONS:
The options available to the City Council are as follows:
1. Approve staffs recommendation; or
2. Provide alternative direction.
Prepared by: Paulina Morales, Acting Assistant City Manager
Attachments
Attachment No. 1 - Ordinance No. 2484
Attachment No. 2 - Letter from Los Angeles County Department of Public Health
CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness
Protect Public Safety
Respond to the Global COVID-19 Pandemic
F' I:T . h�f` J LILY If►[INI
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, REPEALING AND
REPLACING ARTICLE I (IN GENERAL) OF CHAPTER 13
(HEALTH AND SANITATION) OF THE WEST COVINA
MUNICIPAL CODE TO ESTABLISH A PUBLIC HEALTH
DEPARTMENT
WHEREAS, the Los Angeles County Department of Public Health has historically
provided public health services to the City of West Covina; and
WHEREAS, the West Covina City Council is establishing a local health department to
establish local control over pubfic health issues and better serve the community; and
WHEREAS, the City Council desires to repeal and replace the existing provisions of
Article I of Chapter 13 of the West Covina Municipal Code to adopt provisions creating a public
health department and setting forth the functions of said health department; and
WHEREAS, the City desires that the West Covina Municipal Code language be revised
effective July 1, 2021; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Repeal and Replacement of Article I of Chapter 13. Article I (In General)
of Chapter 13 (Health and Sanitation) of the West Covina Municipal Code is hereby repealed and
replaced as follows:
ARTICLE I — HEALTH DEPARTMENT
Sec. 13-1.—Creation of health department.
There is hereby created within the city a public health department, under the general administration
of the city manager, which shall be under the direction and control of the city's public health
director.
Sec. 13-2.—City health officer function.
All references now or hereafter made in any city ordinance, resolution, regulation or document of
any kind to the "city health officer" or "health officer" shall be deemed to refer to the public health
director.
Sec. 13-3. — Definitions.
As used in this article:
(a) "Department' means the West Covina public health department.
(b) "Director" means the public health director.
Sec. 13-4. — Department functions.
The department shall:
(a) Administer programs for the control and prevention of disease, promotion of maternal and
child health, promotion of public health, and general health education.
(b) Administer environmental health and sanitation services and programs.
(c) Administer and enforce all laws, ordinances and regulations dealing with public health and
sanitation.
(d) Cooperate with other enforcement agencies in administering and enforcing all laws,
ordinances and regulations relating to public health.
(e) Maintain vital statistics.
(f) Cooperate with public and private agencies dealing with the health needs of residents of
the city.
(g) Perform such other related duties as shall be required by law, ordinance or the city manager.
Sec. 13-5. —Director —powers and duties.
The director, either directly or through aduly authorized representative, shall exercise such powers
and duties as are prescribed by law, including, but not limited to:
(a) All duties now or hereafter delegated to the director by this or any other ordinance or
resolution of the city, or by orders or directives of the city council or the city manager.
(b) All powers and duties now or hereafter delegated to the health officer by any state or federal
statute or regulation, city ordinance or resolution, or orders or directives of the city council
or the city manager.
SECTION 2. Environmental Compliance. The City Council hereby finds that it can be
seen with certainty that there is no possibility the adoption and implementation of this Ordinance
may have a significant effect on the environment because it generally maintains the status quo,
and is merely a mechanism to change which entity enforces applicable law relating to public health.
The Ordinance is therefore exempt from the environmental review requirements of the California
Fnvironmental Quality Act pursuant to Section 15061(b)(3) of Title 14 of the California Code of
Regulations.
SECTION 3. Severability. If any section, subsection, sentence, clause, 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 the remaining portions
of this Ordinance. The City Council of the City of West Covina hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after its
final passage. Section 1 of this Ordinance, which repeals and replaces Article I of Chapter 13 of
the West Covina Municipal Code, shall amend the West Covina Municipal Code on July 1, 2021.
SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED, APPROVED AND ADOPTED on the 18th day of May, 2021.
Letty Lopez- Viado
Mayor
APPROVED AS TO FORM ATTEST
Tbomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, Calffornia,
do hereby certify that the foregoing Ordinance No. 2484 was introduced at a regular meeting of
the City Council held on the 4th day of May, 2021, and adopted at a regular meeting of the City
Council held on the 18th day of May, 2021, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT NO.2
(Oai�s ANGELES
Health
BARBARA FERRER, Ph.D., M.P.H., M.Ed
Director
MUNTU DAVIS, M.D., M.P.H.
County Health Officer
MEGAN McCLAIRE, M.S.P.H.
Chief Deputy Director
313 North Figueroa Street, Room 806
Los Angeles, California 90012
TEL (213) 288-8117 • FAX (213) 975-1273
w .oubllcheaifh.lacouMv.aov
February 23, 2021
The Honorable Letty Lopez-Viado
City of West Covina
City Hall Council Chambers
1444 W. Garvey Avenue South
West Covina, California 91790
Re: Resolution 2021-15 and Urgency Ordinance No. 2476
Dear Mayor and Honorable West Covina City Councilmembers:
BOARD OF SUPERVISORS
Hilda L. Solis
First District
Holly J. Mitchell
Second Dislnct
Sheila Kuehl
Third Nsidct
Janice Hahn
Fourth District
Kathryn Barger
Fifth Dhtdcl
This is to provide you with comment regarding the Council's decision to consider the
public health services agreement between the County and the City of West Covina, which has
been in place and working well at no cost to the City for decades. Although it is well within a
city's jurisdiction to create its own public health department, the Los Angeles County
Department of Public Health (Public Health) is not aware of any planning or coordination with
the City for this drastic change. Public Health is concerned that even if the City has made plans
to create and operationalize the infrastructure necessary to run an effective public health
department, there are significant hurdles to ensuring to protection of the health of the city's
residents.
Like the only other municipal public health departments recognized by the State of
California, Long Beach, Pasadena, and Berkeley, the City will need to appoint its own health
officer and provide sufficient infrastructure to operate a local health jurisdiction. State mandated
public health operations, based on 17 CCR § 1276, include: Public Health Statistics (recording of
birth and death certificates); Communicable disease control; medical and nursing services to
promote maternal and child health; environmental health and sanitation services; laboratory
services, and nutrition, chronic disease, social factors affecting health, public health nursing
services, and occupational health services. In its agreements with cities, like West Covina,
Public Health provides all services required of a local health jurisdiction to those cities at no
cost.
Per State law, once appointed, a city health officer must enforce and observe all orders,
quarantine and other regulations concerning public health prescribed by the State Public Health
Officer. During this last year, while acting as the health officer for the City, Public Health's
Acute Communicable Disease Control Unit and Outbreak Management Bureau have investigated
45 COVID-19 outbreaks within the City to ensure isolation and quarantine measures are
Mayor Lopez-Viado and West Covina City Council Members
February 23,2021
Page 2
implemented, testing was conducted, and all infection control guidance was implemented.
Further, Public Health's Environmental Health Division has conducted 660 inspections related to
compliance with COVID-19 infection control requirements. This does not include the over 500
routine inspections of permitted businesses along with the mandated services and programs
which include food, housing and institutions, land development, mills and dairy products, public
pools, waste management, water supply, body art, and other services and programs as required
by State or local laws.
Should this council elect to create its own city public health department, Public Health
will be ready to work with the City to transfer all of the duties of a local public health
jurisdiction. Until that transition is complete and the City's public health department is
recognized by the State as a local public health jurisdiction, Public Health will continue to serve
this council and the residents of West Covina in its current capacity.
If you have any questions or require additional information, please let me know.
Sincerely,
M���� Md�Rlof/
Davis, M.D., M.P.H.
County Health Officer
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