Res 102 RESOLUTION NO. 102
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY~ CALIFORNIA
AUTHORIZING AN AGREEMENT WITH THE COUNTY
OF SAN DIEGO TO PROVIDE PUBLIC HEALTH
SERVICES TO THE CITY OF POWAY
WHEREAS, Section 480-482 of the California Health and Safety Code provides
for incorporated cities to contract with the county for the provisions of public
health and sanitation services; and
WHEREAS, the City of Poway desires to contract with the County of San Diego
for said services.
NOW, THEREFORE, BE IT RESOLVED by the City Council that The Mayor is hereby
authorized to execute an Agreement for Public Health Services to be furnished by
the County of San Diego to the City of Poway. Said Agreement is attached as
Exhibit "A".
PASSED AND ADOPTED BY THE City Council of the City of Poway, California
at a regular meeting thereof this 19th day of May, 1981.
Cly~e~ :'l~xr~de, Mayor
ATTEST:
Marjorie~ Wahlsten, City Clerk
AGREEMENT FOR PUBLIC HEALTH SERVICES TO
BE FURNISHED. BY THE COUNTY TO THE CITY OF
POWAY
This agreement, made on the __day of , 1981, between the County
of San Diego, hereinafter called the "County", and the City Of Poway, hereinafter
called the "City".
WHEREAS, the City has appointed the County Health Officer of the County's
Department of Health Services, as the City Health Officer for said City; and
WHEREAS, the City has adopted, or proposed to adopt, certain regulations
relating to public health and sanitation, which regulations contain the same
regulatory and penal provisions as the County Code provisions regulating the same
matter or phase of health and sanitation; and
WHEREAS, it is the desire of the City to employ the County, acting through
its' officers and employees, to enforce some, or all, of said City regulations,
which enforcement shall include the making of necessary inspections required by
said City regulations, and to pay the County for such service the same fees that
are charged by the County pursuant to the comparable County regulations; and
WHEREAS, the County has agreed to enforce and carry out the provisions of
those City regulations that contain regulatory and penal provisions identical to
the County Code provisions hereafter in this agreement enumerated~ and
WHEREAS, the City may from time to time desire to employ the County to
enforce and carry out certain City regulations relating to public health and
sanitation which impose regulations and require services different from, or over
and above, those imposed and required by the County Code provisions applicable to
the unincorporated territory of the County of San Diego; and
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WHEREAS, the County, within the limi%ations of its personnel and subject
to agreement, will'enforce and provide the inspections and services required by
such City regulations imposing'regulations and requiring services different from
or over and above those required by the County Code, provided the City pay the
County its expenses in providing the services required by such City regulations:
NOW THEREFORE
IT IS HEREBY AGREED AS FOLLOWS:
1. ll~e County, through its Health Officer, shall enforce 'and observe in
the City the following:
(a) All ~rders, quarantine regulations, and rules and regulations
issued by the State Department of Health Services under the pro-
visions of the Health and Safety Code of the State of California.
(b) All statutes of the State of California relating to public health.
2. There are in force and effect the following portions of the San Diego
County Code regulating~the matters pertaining to public health and sanitation as
hereafter in this paragraph set forth:
(a) Title 6, Division 1, Chapter 1, regulating the preparation and
distribution of food.
(b) Title 6, Division 1, Chapte~ 2, regulating food handlers.
(c) Title 6, Division 1, Chapter 3, providing for the destruction of
spoiled food.
(d) Title 6, Division 6, Chapter 1, Applications, Permits and Fees.
(e) Title 6, Division 6, Chapter 2, regulating camps and picnic grounds.
(f) Title 6, Division 6, Chapter 4, regulating refrigeration plants.
(§) Title 6, Division 6, Chapter 8, regulating reduction plants.
ih) Title 6, Division 6, Chapter 9, providing for the enforcement of
the State Housing Law.
(i) Title 6, Division 6, Chapter 10, regulating apartment and hotels.
(j) Title 6, Division 7, Chapter 1, waste of water.
.(k) Title 6, Division 7, Chapter 2, pollution of waters.
(1) Title 6, Division 7, Chapter 3, public swimming pool plans.
(m) Title 6, Diwsion 7, Chapter 4 wells.
(n) Title 6, Diwsion 8, Chapter 3,septic tanks and seepage pits
(o) Title 6, Diwsion 8, Chapter 5, management of solid waste.
(p) Title 6, D~wsion 8, Chapter 6, septic tank and cesspool cleaners.
(q) Title 6, Diwsion 9, Chapter 1, condemnation of buildings.
3. Where the County enforced City ordinance requires that an inspection
be made prior to the issuance of a permit or license, the following procedures
shall be followed:
(a) The application shall be made direct to the Department of
Health Services and the prescribed fee, if any,'shall be paid by
the applicant to the County Officer or employee designated by the
Department of Health Services to receive such fees, which fees
shall be retained by the County.
(b) Upon receipt of the application and fee, the Department of Health
Services shall make the necessary inspections and, if the applicant
meets the requirements of the City ordinance, the Department of
Health Services shall issue the permit or license for which
application is made.
4. Where the County enforced City ordinance requires' that a permit or
license be first issued and thereafter inspection be made to approve the
installation made or activity performed pursuant to the permit or license, the
following procedures shall be followed: -
(a) The application prescribed by the City Ordinance shall be made
direct to the Department of Health Services and the fee, if any,
shall be paid by the applicant to the County officer or employee
designated by the Department of Health Services to receive such
fees, which fees shall be retained by the County.
(b) Upon receipt of the application and fee, the Department of Health
Services shall, if the applicant meets the requirements of the
City ordinance, issue the permit or license for which application
was made and shall thereafter make the necessary inspections.
(c) Whenever a reinspection is required pursuant to the City ordinance
and a fee is prescribed by such ordinance for the reinspection,
the Department of Health Services shall collect such fee and there-
upon make the reinspection which fee shall be retained by the County.
5. When the City desires that the County, through its officers and
agents, enforce a portion of the City's Municipal Code that contains the
identical negulatory and penal provisions set forth in one of the portions of the
San Diego County Code enumerated in paragraph 2 of this agreement, which said
portion of the City's Municipal Code shall be designated hereinafter as the
"comparable City regulation" and which said portion of the San Diego County Code
shall be designated hereafter as the "comparable County re~lation", the City
shall:
(a) Furnish the Clerk of the County Board of Supervisors certified
copies of a resolution adopted by the City Council in which the
Council request the County to enforce the comparable City
regulation pursuant to this agreement and certifies that said
City regulation imposes upon the incorporated territory of said
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City the same regulatory and penal provisions contained in
one of the portions of the San Diego County Code enumerated
in said paragraph 2.
(b) Empower the appropriate County officers and employees to
enforce the comparable City regulation within the incorporated
territory of the City.
(c) Furnish to the Clerk of the County Board 6f Supervisors two
certified copies of the comparable City regulation, together
with two certified copies of all amendments thereto, which
copies said Clerk shall transmit to the appropriate County
department or officer.
6. Within 30 days after receipt of the certified copy of the.resolution
of the City Council referred to above, the County through its appropriate
officers and employees, shall begin to enforce the comparable City regulation and
as a part of such enforcement shall make the inspections required by such
regulation, all in accordance with the provisions of this agreement.
7. In the enforcement of such comparable City regulations the County,
through its Department of Health Services, shall accept the applications and
collect any fees prescribed by the comparable City regulation, make inspections
and issue permits in accordance with such regulations.
8. In consideration of the services to be rendered by the County as
specified in paragraphs 3 to 5 inclusive of this agreement, the City agrees the
County shall retain the fee or fees collected by the County in enforcing the
comparable City regulations, provided, however, if the fees prescribed by the
comparable City regulations should be or become less than the fees prescribed by
the comparable County regulations (whether such fees become less by reason of
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any increase in the fees prescribed by the comparable County regulations or by
reason of the establishment by the City of fees less than those prescribed by the
comparable County regulation or by reason of the r~duction of such fees pres-'
cribed by the comparable City regulations) the City shall pay the County the
difference between the fees collected by the County and the amount that would
have been collected by the County had the fees been the same, to the end that the
County shall collect for such services the same amount it would have collected
had it performed such services in enforcing the comparable County regulations.
9. In the event the City amends any comparable City regulation that the
County is employed to enforce pursuant to this agreement so that such City regul]
ation no longer embodies the identical regulatory and penal provisions contained
in the comparable County regulation, the County may, upon 30 days written notice
to the City Clerk of the City, terminate this agreement insofar as the County is
obligated to enforce such City regulation.
!0. In the event %he County amends any portion of the San Diego County
Code specified in paragraph 2 of this agreement, it shall immediately furnish to
the City Clerk of the City a certified copy of such amendment. If within 30 days
after the City Clerk receives such certified copy, the City fails to adopt a
similar amendment to the comparable City regulation being enforced by the County,
the County may, upon 30 days written notice to the City Clerk of the City, term-
inate this agreement insofar as the County is obligated to enforce such compar-
able City regulation.
11. The City may employ the County to enforce one or more comparable City
regulations upon the terms and conditions and for the compensation hereinabove
specified by following the procedure specified in paragraph 3 of this agreement.
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12. In the event the City adopts an ordinance regulating health or sani-
tation matters other than those~regulated by the portions of the San Diego County
Code specified in paragraph 2 of this agreement, or adopts an ordinance that
imposes different or more stringent regulations or provides for more inspections
or service than imposed or required by the comparable County regulations, the
City and the County may, by a supplement to this agreement, provide for the en-
forcement of such City ordinance in accordance with .the terms, conditions and
provisions specified in paragraphs 3, 4, 5, and 11 of this agreement and provide
for the consideration to be paid by the City to the County for the enforcement of
such City ordinance, which consideration shall be in 'addition to any consider-
ation required to be paid by this agreement for the enforcement of a comparable
City regulation.
In the event the City amends any regulation that is the subject of such
supplemental agreement, the City shall, within five days after the adoption of
the amendment, furnish two certified copies of such amendment to the County
department enforcing such regulation. Within 30 days after receipt of the copies
of such amendment, the County may terminate this agreement and any supplement
thereto made pursuant to this paragraph 11 insofar as it is Obligated to enforce
the City regulation that is the subject of such supplemental agreement by giving
30 days written notice thereof to the City Clerk of the City.
13. With respect to all duties which the Health Officer of the County of
San Diego is authorized or required to perform within or for the City, including
the enforcement of comparable Cit} regulations pursuant to this agreement, said
Health Officer, his deputies, assistants and employees, shall have the same
powers as are conferred by law upon the health officer of the City, his deputies,
assistants and employees.
14. In the event the County assumes the enforcement of a City regulation
pursuant to this agreement and thereafter the City terminates the authority of
the officers or employees of the County to act as officers and employees of the
City in enforcing such City regulation, the obligation of the County to enforce
such City regulation shall immediately terminate.
15. This Agreement shall not impose upon the Health Officer of the County
or the County's County Counsel any obligation to prosecute violations of City -
ordinances or to assist in the prosecution thereof other than such obligation as
may be imposed by law. The City, through its' City Attorney, shall cooperate in
giving the Health Officer opinions and advice with respect to the enforcement of
City ordinances.
16. Unless otherwise specifically provided, the moneys, required by this
Agreement or any supplemental agreement, to be paid by the one party to the other
shall be paid within thirty (30) days after they become due, and a statement
therefor has been received by the party from whom the moneys are due.
17. After the lapse of the said thirty (30) days, such moneys shall become
overdue and, in addition to such other remedies as may be available, the party to
whom such moneys are due shall have the right to offset the same against any
moneys it may owe to the other under this Agreement.
18. All fees collected by the County pursuant to the enforcement of any
City ordinance shall become the property of the County, unless otherwise specif-
ically provided, and shall be applied in partial payment of any charge to the
City for services performed by the County as elsewhere in th~s Agreement spec-
ified. The County may make such refunds of fees collected by it as are
appropriate under the law.
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19. In the event of termination, it shall be deemed that the consideration
flowing from the City to thc County for services performed by the County under
this or any Supplemental Agreement shall be apportionable as to time and shall be
earned over the period for which the consideration is paid, e.g., $10 fee for a
permit for an entire calendar year shall be earned at the rate of 1/12 for each
calendar month; a $10 fee for a permit issued in the middle of the year and
therefore for a period of six months shall be earned at the rate of 1/6 for each
calendar month. Within thirty (30) days after the termination of this Agreement,
all such unearned consideration shall be returned by the County to the City.
20. In the event a fee or charge imposed by any City ordinance is declared
unconstitutional or otherwise invalid by a court of a competent jurisdiction and
as a result thereof the County is compelled to refund fees or charges collected
by it pursuant to this Agreement, or any Supplemental Agreement, the City shall
reimburse the County for the amount of such refunds within thirty (30) days after
a statement therefor i~ received by the City Auditor and Comptroller.
21. Each party shall cooperate fully with the other with respect to ser-
vices to be rendered, the expenses thereof, budget preparation thereof, and the
exchange of information with respect thereto, To this end, copies of such pre-
liminary and final budgets of each party as related to the matters which are the
subject of this Agreement and Supplemental Agreements shall be submitted to the
Health Officer of the County or the City Manager of the City prior to, and rev-
ised copies after, the adoption thereof. Each party may submit recommendations
thereupon to the other. Each party shall have access to supporting data for such
budgets and to all books, records and reports of the other which are relevant to
the matters which are the subject of this Agreement and Supplemental Agreements.
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22. This Agreement may be terminated by either party by giving ninety
(90) days written notice of intention to terminate to the Clerk of the legis-
lative body of the other party, provided however, this provision shall not auth-
orize the County to avoid furnishing services to the City which State statues
require the County to furnish to cities without charge.
IN WITNESS WHEREOF the City has, by resolution of its City Council duly
adopted, caused this Agreement to be executed by the Mayoh of the City and
attested by the City Clerk, and its corporate seal to be affixed thereto; and the
County has, by resolution of its' Board of Supervisors duly adopted, caused this
Agreement to be executed by the Chairman of its Board of Supervisors and attested
by the Clerk of the Board of Supervisors.
Dated
, 7 !~' ' ''~ ', Mayor
~T,~'E ~i': ~ ~ '
>~: :~:",,~' ,,¢ l,' City Clerk
COUNTY OF SAN DIEGO
By
ATTEST: Clerk of the Board of Supervisors
By
Deputy
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