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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 -1- 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 -4- 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 -5- 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. -6- 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. -8- 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. -9- 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 , ,~,.,,- ,_.