Item 08d - Arcadia Municipal Code Amendment relating to Sanitation and Health

DATE: April 1, 2025

TO: Honorable Mayor and City Council

FROM: Dominic Lazzaretto, City Manager
By: Justine Bruno, Deputy City Manager

SUBJECT: ORDINANCE NO. 2403 AMENDING ARTICLE V, CHAPTER 6 OF THE

ARCADIA MUNICIPAL CODE AND ADOPTING BY REFERENCE THE

LOS ANGELES COUNTY HEALTH CODE
CEQA: Not a Project
Recommendation: Adopt

SUMMARY

At its regular meeting of March 4, 2025, the City Council introduced Ordinance No. 2403 and set a public hearing for April 1, 2025. Ordinance No. 2403 amends Article V, Chapter 6 of the Arcadia Municipal Code and adopts by reference the Los Angeles County Health Code. The March 4 agenda item also included authorization for the City Manager to enter into a Public Servies Contract with the Los Angeles County Department of Public Health. Refer to Attachment No. 1 for the full text of the Ordinance and Attachment No. 2 for the March 4, 2025, City Council Staff Report.

It is recommended that the City Council adopt Ordinance No. 2403, amending Article V of the Arcadia Municipal Code relating to Sanitation and Health, and adopt by reference the Los Angeles County Health Code.

DISCUSSION

Arcadia uses the Los Angeles County Public Health Code as the "Health Code" for the City. The Los Angeles County Department of Public Health (“Public Health”) has approached 85 cities within Los Angeles County , including Arcadia, about modernizing the agreement that provides public health services for cities. In the process of updating and modernizing the Public Services Contract between Arcadia and Los Angeles County, the ordinance to adopt the Health Code by reference has also been modernized for readoption.

California law allows for contracts between cities and counties for the administration of public health services, including any ordinances regarding public health, sanitation, and

Adoption of Ordinance No. 2403 - Public Health
April 1, 2025

Page 2 of 2 ends

inspection services, with any such enforcement actions performed by a County Health Officer. To emphasize the City’s desire to continue having the Los Angeles County Health Department provide these services for Arcadia, its residents, and businesses, it is recommended that the City Council conduct a second reading of Ordinance No. 2403 for adoption , resulting in an updated Municipal Code that reflect s current laws and regulations.

A Public Hearing Notice was published in the Arcadia Weekly on March 10 and March 17, 2025; no comments have been received. If approved, Ordinance No. 2403 will take effect on the thirty-first day following its adoption.

ENVIRONMENTAL ANALYSIS

The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”) Guidelines per Section 15061(b)(3), as it can be seen with certainty that it will have no impact on the environment.

FISCAL IMPACT

In general, Los Angeles County Public Health provides for the local administration of public health services to Arcadia and other cities, on a no- cost basis. Any costs for inspection services requested by the City will be done within current budgets. There is no fiscal impact resulting from the adoption of the proposed ordinance.

RECOMMENDATION

It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”) ; and adopt Ordinance No. 2403, amending Article V, Chapter 6 of the Arcadia Municipal Code and adopting by reference the Los Angeles County Health Code.

Attachment No. 1: Ordinance No. 2403
Attachment No. 2: March 4, 2025, City Council Staff Report (with attachments)

W
HEREAS, the City Council of the City of Arcadia utilizes the Los Angeles County Public Health Code as the “Health Code” for the City of Arcadia; and WHEREAS, on April 5, 2011, the City Council adopted by reference, the Los Angeles County Public Health Code, as approved by the Board of Supervisors through October 19, 2010, together with such amendments thereafter as may be enacted by the County, such that it is made a part of the Arcadia Municipal Code; and WHEREAS, the Los Angeles County Health Department seeks to execute a new contract for the provision of public health services to local jurisdictions that have opted into this service and adopted, in whole or in part, the Los Angeles County Public Health Code; and
WHEREAS, the last contract for the provision of public health services between the City of Arcadia and the Los Angeles County Health Department was executed in 1964, and is in need of modernization; and
WHEREAS, as part of the contract modernization process, the City Council seeks to reaffirm its selection of the Los Angeles County Health Department to provide public health services in the City of Arcadia by readopting Article V, Chapter 6 of the Arcadia Municipal Code.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA , CALIFORNIA, DOES ORDAIN AS FOLLOWS:

Attachment No. 1
ORDINANCE NO. 2403

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA , CALIFORNIA, AMENDING ARTICLE V , CHAPTER 6 OF THE ARCADIA

MUNICIPAL CODE AND ADOPTING BY REFERENCE THE LOS

ANGELES COUNTY HEALTH CODE
2 SECTION 1. Section 5600 of Article V, Chapter 6 of the Arcadia Municipal Code is amended to read in its entirety as follows:
“Section 5600. THE LOS ANGELES COUNTY HEALTH CODE. ADOPTION. The Health Code of the County of Los Angeles, as approved by the Board of Supervisors through September 10, 2024, and codified as Division 1 of Title 11 of the Los Angeles County Code, together with such amendments thereafter as may hereafter be enacted by the County, is hereby adopted and by this reference made a part of the Arcadia Municipal Code with the same force and effect as though fully set forth herein. A copy of said "Health Code" is on file and open to inspection in the Office of the City Clerk. Where, in any specific case, there is a difference between the City of Arcadia Municipal Code and the Los Angeles County Health Code, the most restrictive shall govern. When there is a conflict between a gener al requirement and a specific requirement, the specific requirement shall be applicable. In the event that there is an inconsistency or conflict between any provision of the County Health Code and any other provision of the Arcadia Municipal Code, then such other conflicting provision of the Arcadia Municipal Code shall have precedence.”
SECTION 2. Section 5601.2 of Article V, Chapter 6 of the Arcadia Municipal Code is amended to read as follows: “Section 5601.2 SAME. SAME. Whenever the term "County" or "County of Los Angeles" or any abbreviation thereof in said Health Code refers to a person engaged in or charged with the enforcement of any provision of the said Health Code, it shall be interpreted and deemed to mean the "Health Officer" or the “Director” of public health of the county of Los Angeles.” 3 SECTION 3. Section 5601.3 of Article V, Chapter 6 of the Arcadia Municipal Code is amended to read as follows: “Section 5601.3 SAME. SAME. Whenever the term "Health Officer", "Officer", or “Director” appears in said Health Code, it shall be interpreted and deemed to mean the "City Health Officer" or “City Health Director.” Throughout the term of any contract between the City and another public agency for the enforcement of the provisions of this Chapter by such other public agency, the term shall mean the Health Officer or the Health Director of such other public agency.” SECTION 4. Section 5601.5 of Article V, Chapter 6 of the Arcadia Municipal Code is amended to read as follows: “Section 5601.5 SAME. SAME. The provisions of Chapter

11.38 of said Health Code shall not apply to the City of Arcadia or any of its departments or agencies.”
SECTION 5. Section 5602.1 of Article V, Chapter 6 of the Arcadia Municipal Code is amended to read as follows: “Section 5602. 1 SAME. ADDITION. A new Section

11.32.010.1 is hereby added to the Health Code to read as follows:

Sec. 11.32.010.1. SAME. PUBLIC USE OF PRIVATE POOLS. This Chapter shall likewise apply to all private pools designed for use by, available for use to, or used by the occupants of five (5) or more dwelling units.”
SECTION 6. Section 5602.6 of Article V, Chapter 6 of the Arcadia Municipal Code is amended to read as follows: “Section 5602. 6 SAME. ADDITIONS. New Sections

11.16.070.1, 11.16.070.2, 11.16.070.2.1, 11.16.070.2.2, 11.16.070.2.3, 11.16.070.2.4 and 11.16.070.3 are hereby added to the Health Code, the same to read respectively as follows:
4 Sec. 11.16.070.1. DISPOSAL OF MEDICAL SUPPLIES. No person shall dispose of, leave or discard, outside of the portion of a building in his possession, any container, bottle, syringe, hypodermic needle, hypodermic syringe, needle designed for or used in the dispensing, gi ving or injecting of medicine, drugs as defined by Section 4403 of the Business and Professions Code, or poisons as defined by Section 4160 of the Business and Professions Code, or any bandage, dressing or gauze that has been used in the treating or caring for an infectious disease. Medicine as used in this Section shall include drugs intended for use in the diagnosis, care, mitigation, treatment or prevention of disease, disorders, sickness or ailment in human beings or animals.

Sec. 11.16.070.2. SAME. METHODS. Items described in the preceding Section shall be disposed of in the manner prescribed in the following subsections.

Sec. 11.16.070.2.1. SAME. SAME. LIQUID AND SOFT WASTES. All fluid and soft material wastes, soiled paper tissue and other similar materials which can be properly disposed of through the sanitary sewer system, shall be disposed of in such manner.

Sec. 11.16.070.2.2. SAME. SAME. SOLID CONTAINERS. All containers, bottles, and other solid materials which contain or have contained medicines or drugs of any type shall be placed in waste containers enclosed or sealed by a solid lid or door securely fastened by a padlock or similar locking device, or in enclosed covered trash containers placed within an enclosed, roofed trash enclosure, the only entry to which shall be by means of a door securely fastened by a padlock or similar locking device. Every such padlock or locking device shall be under the exclusive control of the person placing materials therein, and shall remain locked at all times except during the time of placing materials therein or collecting materials therefrom by a person authorized so to do. 5 Sec. 11.16.070.2.3. SAME. SAME. USED OR CONTAMINATED ITEMS. Used or contaminated bandages, dressings, gauze, tongue depressors and similar items shall be securely wrapped and placed in heavy waxed paper or plastic bags which shall be securely closed by tying or stapling and which shall then be placed in metal trash cans which have overlapping, fly-tight lids. Such lids shall be kept in place at all times except while the trash cans are being filled or emptied by a person authorized so to do.

Sec. 11.16.070.2.4. SAME. SAME. SYRINGES AND NEEDLES. Syringes, needles, hypodermic syringes and needles and similar soft plastic items shall be disposed of in the manner provided by Section 11.16.070.2.2, or may be disposed of in the manner provided by Section 11.16.070.2.3 if the contents first be entirely removed therefrom, the needles broken, and the syringe or container be so broken or cut up by an approved method as to render the same unusable for any purpose whatsoever.

Sec. 11.16.070.3. SAME. OTHER REGULATIONS. If any requirements of Section 11.16.070.2 and the subsections thereof conflict with any applicable State or County law, regulation or administrative practice, the more stringent law or regulation shall apply.”
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be posted per Resolution No. 7483 and within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31 st) day after its
adoption.

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6 Passed, approved, and adopted this 1st day of April, 2025.

________________________
Mayor of the City of Arcadia

ATTEST:

________________________
City Clerk

APPROVED AS TO FORM:

________________________
Michael J. Maurer
City Attorney

DATE
: March 4, 2025
TO: H
onorable Mayor and City Council
FR
OM: Dominic Lazzaretto, City Manager
By: Justine Bruno, Deputy City Manager
SUBJ
ECT: ORDINANCE NO. 2403 AMENDING A RTICLE V, CHAPTER 6 OF THE

ARCADIA M UNICIPAL CODE AND ADOPTING BY REFERENCE THE
LOS ANGELES C OUNTY H EALTH CODE ; AND AUTHORIZING THE

CITY MANAGER TO ENTER INTO A P UBLIC S ERVICES CONTRACT

WITH THE L OS A NGELES C OUNTY D EPARTMENT OF P UBLIC HEALTH
CEQA: Not a Project
Recommendation: Introduce, Approve, and Set Public Hearing Date SUM
MARY
Ar
cadia uses the Los Angeles County Public Health Code as the "Health Code" for the City. The Los Angeles County Department of Public Health (“Public Health”) has approached all 8 5 cities within Los Angeles County, including Arcadia, about modernizing the agreement that provides public health services for cities. The last contract for public health services between Arcadia and Los Angeles County was executed on February 12, 1964, and needs modernization.

It
is recommended that the City Council introduce Ordinance No. 2403, amending Article V of the Arcadia Municipal Code relating to Sanitation and Health, and adopt by reference the Los Angeles County Health Code; approve, authorize, and direct the City Manager to enter into a Public Services Contract with the Los Angeles County Department of Public Health; and set a Public Hearing for the adoption of Ordinance No. 2403 on April 1, 2025.

BACKGRO
UND
Calif
ornia law allows for contracts between cities and counties for the administration of public health services, including any ordinances regarding public health, sanitation, and inspection services, with any such enforcement actions performed by a County Health Officer. Arcadia has long consented to having Los Angeles County enforce and observe public health laws, orders, and regulations in the City.

Attachment No. 2
Ordinance No. 2403 - Public Health Contract
March 4, 2025

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On April 5, 2011, the City Council adopted Ordinance No. 2282, which adopt ed by reference, the most recent version of the Los Angeles County Health Code, including any future amendments approved by the County Board of Supervisors. Prior to 2011, Ordinance No. 2171 was adopted in 2003, which effectuated the same process of adopting the Los Angeles County Health Code by reference and repealing all other ordinances or conflicting language in the Arcadia Municipal Code.

The type of state-mandated public health services performed for cities on behalf of County Public Health are outlined in Title 17 of the California Code of Regulations, Section 1276, and include the following: public health statistics; communicable disease control; environmental health and sanitation services; public health laboratory and testing services; health education programs; public health nursing services; and offerings in chronic disease, nutrition, and family planning.

DISCUSSION

Los Angeles County has public health service contracts with 85 of its 88 cities , excluding the C ities of Long Beach, Pasadena, and Vernon, who maintain their own municipal health departments . Through these contracts, the County’s Health Officer serves as the local health officer within the contracted jurisdictions, including Arcadia.

Similar to other cities , Arcadia’s existing contract for public health services was last executed in the 1960s and has yet to be updated. Specifically, the last contract was executed on February 12, 1964. C hanges in state law and public health practices have rendered certain contract language obsolete and in need of modernization. The proposed Public Services Contract makes these updates for all 85 contracted cities, replacing antiquated language with text that reflects current public health practices and complies with legal citations and references . Upon execution, the new contract terms will extend through June 30, 2029, automatically renew ing for consecutive five (5) year terms, for an indefinite period.

In the process of updating and modernizing the Public Services Contract between Arcadia and Los Angeles County , it is recommended that the ordinance to adopt the Health Code by reference also be readopted. With minor cleanup to the existing text related to dates and terminology, Section 5600 of the Arcadia Municipal Code will be largely unchanged under proposed Ordinance No. 2403. Refer to Attachment No. 3 – Ordinance No. 2282, to see what was last adopted in 2011 related to the Health Code.

Alternatively, if the City Council foregoes adoption of Ordinance No. 2403 and approval of the updated Public Services Contract, the existing Municipal Code language and health services contract would remain in place. Absent any City Council action on this matter, p ublic health services will continue to be provided to Arcadia in the same manner, unless the City Council takes action to terminate the existing contract and/or repeal Section 5600 of the Municipal Code . Adoption of Ordinance No. 2403 ensures Ordinance No. 2403 - Public Health Contract
March 4, 2025

Page 3 of 4 ends

that the County’s health officers can effectively and fully enforce the rules and regulations that keep Arcadians safe and healthy.

To underscore the City’s desire to continue having the Los Angeles County Health Department provide these services for Arcadia, its residents , and businesses, it is recommended that Ordinance No. 2403 be introduced for adoption during the April 1, 2025, City Council Meeting. If authorized, there will be no change in services provided by Public Heath to the City of Arcadia; simply, an updated Municipal Code and Public Services Contract will be in place that reflect current laws and regulations.

ENVIRONMENTAL ANALYSIS

FISCAL IMPACT

In general, Los Angeles County Public Health provides for the local administration of public health services to Arcadia and other cities , on a no- cost basis. For entities requiring a public health permit, the proposed agreement allows the County to collect the required permit fees from the applicant . For example, the proposed contract allows Public Health to charge a cost r eimbursement fee to Arcadia, or any c ity, for two purposes:

(1) Inspection of a City owned or operated detention facility pursuant to Health and Safety Code section 101045; and

(2) Other public health administration or inspection services that are requested by Arcadia that are beyond the scope of services under this agreement.

Any costs for inspection services requested by the City will be done within current budgets. Otherwise, there is no fiscal impact resulting from the introduction of the proposed ordinance and authorization of the Public Services Contract with the Department of Public Health. A ny other public health services that do not require specific fees or permits will continue to be offered to the City at no cost.

Should the City wish to forgo having the County provide health services, the City would need to establish a full Health Department and would incur millions of dollars in costs for staffing, equipment, testing services, buildings, and the like. While a portion of those expenditures could be recovered through fees charged, a significant portion would not, resulting in net costs to the City.

Ordinance No. 2403 - Public Health Contract
March 4, 2025

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RECOMMENDATION

It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”) ; introduce Ordinance No. 2403, amending Article V, Chapter 6 of the Arcadia Municipal Code and adopting by reference the Los Angeles County Health Code; and approve, authorize, and direct the City Manager to enter into a Public Services Contract with the Los Angeles County Department of Public Health; and set a Public Hearing regarding the adoption of Ordinance No. 2403 for April 1, 2025.

Attachment No. 1: Ordinance No. 2403
Attachment No. 2: Proposed Public Services Contract with Los Angeles County (2025) Attachment No. 3: Ordinance No. 2282 (2011)
Attachment No. 4: Public Services Contract with Los Angeles County (1964)

ORDINANCE NO. 2403

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA , CALIFORNIA, AMENDING ARTICLE V , CHAPTER 6 OF THE ARCADIA

MUNICIPAL CODE AND ADOPTING BY REFERENCE THE LOS

ANGELES COUNTY HEALTH CODE
WHEREAS, the City Council of the City of Arcadia utilizes the Los Angeles County Public Health Code as the “Health Code” for the City of Arcadia; and WHEREAS, on April 5, 2011, the City Council adopted by reference, the Los Angeles County Public Health Code, as approved by the Board of Supervisors through October 19, 2010, together with such amendments thereafter as may be enacted by the County, such that it is made a part of the Arcadia Municipal Code; and WHEREAS, the Los Angeles County Health Department seeks to execute a new contract for the provision of public health services to local jurisdictions that have opted into this service and adopted, in whole or in part, the Los Angeles County Public Health Code; and
WHEREAS, the last contract for the provision of public health services between the City of Arcadia and the Los Angeles County Health Department was executed in 1964, and is in need of modernization; and
WHEREAS, as part of the contract modernization process, the City Council seeks to reaffirm its selection of the Los Angeles County Health Department to provide public health services in the City of Arcadia by readopting Article V, Chapter 6 of the Arcadia Municipal Code.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA , CALIFORNIA, DOES ORDAIN AS FOLLOWS:

Attachment No. 1
2 SECTION 1. Section 5600 of Article V, Chapter 6 of the Arcadia Municipal Code is amended to read in its entirety as follows:
“Section 5600. THE LOS ANGELES COUNTY HEALTH CODE. ADOPTION. The Health Code of the County of Los Angeles, as approved by the Board of Supervisors through September 10, 2024, and codified as Division 1 of Title 11 of the Los Angeles County Code, together with such amendments thereafter as may hereafter be enacted by the County, is hereby adopted and by this reference made a part of the Arcadia Municipal Code with the same force and effect as though fully set forth herein. A copy of said "Health Code" is on file and open to inspection in the Office of the City Clerk. Where, in any specific case, there is a difference between the City of Arcadia Municipal Code and the Los Angeles County Health Code, the most restrictive shall govern. When there is a conflict between a gener al requirement and a specific requirement, the specific requirement shall be applicable. In the event that there is an inconsistency or conflict between any provision of the County Health Code and any other provision of the Arcadia Municipal Code, then such other conflicting provision of the Arcadia Municipal Code shall have precedence.”
SECTION 2. Section 5601.2 of Article V, Chapter 6 of the Arcadia Municipal Code is amended to read as follows: “Section 5601.2 SAME. SAME. Whenever the term "County" or "County of Los Angeles" or any abbreviation thereof in said Health Code refers to a person engaged in or charged with the enforcement of any provision of the said Health Code, it shall be interpreted and deemed to mean the "Health Officer" or the “Director” of public health of the county of Los Angeles.” 3 SECTION 3. Section 5601.3 of Article V, Chapter 6 of the Arcadia Municipal Code is amended to read as follows: “Section 5601.3 SAME. SAME. Whenever the term "Health Officer", "Officer", or “Director” appears in said Health Code, it shall be interpreted and deemed to mean the "City Health Officer" or “City Health Director.” Throughout the term of any contract between the City and another public agency for the enforcement of the provisions of this Chapter by such other public agency, the term shall mean the Health Officer or the Health Director of such other public agency.” SECTION 4. Section 5601.5 of Article V, Chapter 6 of the Arcadia Municipal Code is amended to read as follows: “Section 5601.5 SAME. SAME. The provisions of Chapter

11.32.010.1 is hereby added to the Health Code to read as follows:

Sec. 11.16.070.2. SAME. METHODS. Items described in the preceding Section shall be disposed of in the manner prescribed in the following subsections.

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6 Passed, approved, and adopted this 1st day of April, 2025.

________________________
Mayor of the City of Arcadia

ATTEST:

________________________
City Clerk

APPROVED AS TO FORM:

________________________
Michael J. Maurer
City Attorney

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City of Arcadia – PH-005590
Contract No. PH-005590
DEP

ARTMENT OF PUBLIC HEALTH

PUBLIC HEALTH SERVICES CONTRACT
THIS CONTRACT “Contract” is made and entered into on _______________ by and between COUNTY OF LOS ANGELES
(hereafter "County")
and CITY OF ARCADIA
(hereafter "City")
THIS PUBLIC HEALTH SERVICES CONTRACT ("Contract") is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of Arcadia hereinafter referred to as "City."
RECITALS:

The City desires to continue to contract with the County for the performance of public health services by the County’s Department of Public Health (“Public Health”), for the County’s Health Officer to act as the City’s Health Officer, and for the County's Department of Public Health to serve as the City's Environmental Health Department.

The County agrees to continue performing such services on the terms and conditions set forth in this Contract.

This Contract is authorized by California Health and Safety Code Sections 101400 and 101405.

To effectuate public health services for the City, the County and its duly appointed Health Officer shall exercise the powers and duties that are conferred upon local health officers by law.

DRAFT
Attachment No. 2

Page 2 of 10 ends

City of Arcadia – PH-005590
The County Health Officer shall fulfill the obligations and exercise the authority conferred by California Health and Safety Code Sections 101470 and 101475 within the territorial jurisdiction of the City in the performance of this Contract.

THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. TERM: This Contract shall become effective upon date of execution, and replace all prior contracts for public health services between the City and County.

This contract shall continue in full force and effect until June 30, 2029. Subject to Section 7 below, this Contract shall thereafter be automatically renewed for consecutive five (5) year terms, for an indefinite period, without further action by either City or County, unless City or County terminates the Contract in the manner set forth in Section 7.

2. PUBLIC HEALTH SERVICES: The County and the County’s Health Officer shall observe and enforce within the territorial jurisdiction of the City all of the following:
a. Orders, quarantine, and other regulations, concerning public health, prescribed by the California Department of Public Health (“CDPH”). b. Statutes relating to public health.
c. Provisions of Los Angeles County Code, Title 11, and any amendments thereto, as adopted by City by ordinance or resolution, to the same extent as they are enforced in the unincorporated area of the County.

3. DESCRIPTION OF PUBLIC HEALTH FUNCTIONS:
a. The performance of all public health services, the standard of performance and other matters incidental to the performance of public health services and observation and enforcement of public health statutes, regulations, ordinances and CDPH orders and guidance shall be determined solely at the discretion of the County Health Officer and/or Director of County DRAFT

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City of Arcadia – PH-005590
Public Health. The control of County personnel under this Contract shall remain exclusively with the County.
b. The County agrees to continue to perform for the City such public health services as are authorized or mandated by state laws or regulations related to public health, to be performed by the local health officer or local enforcement agency.
i. Pursuant to California Health and Safety Code section 101045, the County shall investigate health and sanitary conditions in detention facilities operated by the City, if any. County may bill and receive payment from City for inspection and reporting services in the manner provided by Paragraph 4, subsections (g) and (h) of this Contract.
ii. For future enactments of state law or regulation, County agrees to perform public health services that impose a specific duty or obligation on the local health officer to observe or enforce. Should future state law statutory or regulatory enactment related to public health not impose a duty or obligation on the local health officer, City may request in writing that the County perform that public health service. Should County elect to perform that discretionary public health service for City, pursuant to such City request, then County may bill and receive payment from City for inspection and reporting services in the manner provided by Section 4, subsections (g) and (h) of this Contract.
c. The County agrees to continue to perform for the City such public health services as authorized or mandated by provisions of Title 11 of the Los Angeles County Code, and any amendments or additions thereto, that the City has adopted via ordinance or resolution.
i. Should the County Board of Supervisors enact future provisions to or amend existing provisions of Title 11 of the Los Angeles County Code, County will inform the City of the newly enacted provision or amendment via email to the City’s Manager, and describe the DRAFT

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City of Arcadia – PH-005590
enacted new provision or amendment and the impact to the services performed under this Contract, if any.
ii. For future ordinances that may be enacted by the Board of Supervisors into Title 11 of the Los Angeles County Code, in order for the County to observe and enforce that enacted ordinance within the City, the City must approve the incorporation of the identical version of that new Title 11 provision into its municipal code via ordinance or by resolution of the City Council. iii. Any future amendments to provisions of Title 11 of the Los Angeles County Code that exist in the City’s Municipal Code at the date of the execution of this Contract, shall be incorporated by the City into its municipal code.
d. The County shall issue public health permits and licenses to permittees located within the City and collect the fees as provided for in Los Angeles County Code, Title 8, Chapter 8.04. Such fees shall be retained by County Public Health for the benefit of County as full compensation for the services performed by the Public Health Director and County Health Officer on behalf of the City.
i. County may, from time to time, amend or alter the public health permit or license fees charged to those individuals or entities required to obtain a public health permit or license pursuant to either state statute or Los Angeles County Code, Title 8, Chapter

8.04. ii. City may not set, collect, or retain public health permit or license fees for any public health service performed by County under this Contract.
e. For the purpose of performing said functions, County shall furnish and supply all necessary labor, supervision, equipment, and supplies necessary to provide the public health services described in this Contract and as necessary to protect the public health, safety, and welfare as determined by Public Health in its sole discretion. All persons employed in DRAFT

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City of Arcadia – PH-005590
the performance of public health services and functions under this Contract shall be County personnel.

4. GENERAL TERMS:
a. To facilitate the performance of public health services, City and County will cooperate and assist each other to fulfill the purpose and intent of this Contract.
b. Exhibit A of this Contract, which is attached hereto and incorporated herein, shall provide the language of the City’s Municipal Code, as amended, that reflects the City’s specific adoption of Division 1 of Title 11 of the Los Angeles County Code as of the effective date of this Contract.

Exhibit A may be revised to reflect any changes to the City’s Municipal Code regarding Title 11 of the Los Angeles County Code. c. All persons employed in the performance of such public health duties, functions and services for City shall be County employees or personnel and no City employee shall be supplanted by County, and no person employed by County under this Contract shall have any City pension, civil service, or any status or right.
d. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or be liable for compensation to or required to indemnify any County employee for injury or sickness arising out of his or her employment.
e. The parties have executed an Assumption of Liability Contract approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Contract approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Contract by reference. In the event that the Board of Supervisors later approves a revised Joint Indemnity Contract, and the City executes the DRAFT

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City of Arcadia – PH-005590
revised contract, the subsequent contract as of its effective date shall supersede the contract previously in effect between the parties hereto. f. City is not required to separately reimburse County for the performance or enforcement of any City ordinance or resolution which adopts identical provisions of Los Angeles County Code, Title 11, and its amendments. g. Should City request in writing additional public health services of the County, that are not required by statute, regulation or CDPH Order, or as provided in Title 11 of the Los Angeles County Code, the County may charge the City, at rates approved by the Board of Supervisors, an hourly rate that will reimburse the County for the costs for the provision of those specific public health services.
h. County, through its Director of Public Health, must render to City within twenty (20) calendar days after the close of each calendar month an itemized invoice which covers all extra services performed for City if such services were requested by the City in writing, during said month, and City must pay County within thirty (30) days after date of such invoice. i. If a violation of public health statutes, regulations or ordinances results in a public health hazard within the City, County will notify the City Manager in writing. If the City elects to pursue legal prosecution or abatement, City shall provide to County contact information for counsel that will represent the City or the People in any legal proceeding to abate or mitigate the public health hazard. City shall bear the full cost of such proceedings.

County may bill City on an hourly basis for time spent by County employees participating in such legal proceedings.

5. NOTICES: Notices hereunder must be in writing and may either be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, attention to the parties at the addresses listed below. Public Health Director, or the Director’s designee, is authorized to execute all notices or demands which are required or permitted by County under this Contract.

DRAFT

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City of Arcadia – PH-005590
Addresses and parties to be notified may be changed by providing at least ten (10) working days prior written notice to the other party.

A. Notices to County must be addressed as follows:
(1) Department of Public Health
Environmental Health – Administrative Headquarters
5050 Commerce Drive
Baldwin Park, California 91706
Attention: Director, Environmental Health
E-mail: [email protected]

(2) Department of Public Health
Contracts and Grants Division
5555 Ferguson Drive, 2nd Floor, Suite 210
Commerce, CA 90022
Attention: Division Director
Email: [email protected]

(3) Department of Public Health
Office of the Director
Attention: Director, Public Health
313 North Figueroa Street
Los Angeles, CA 90012
Email: [email protected]

B. Notices to City must be addressed as follows:

(1) City of: Arcadia
Attention: City Manager
240 West Huntington Drive, P.O. Box 60021
Arcadia, CA 91066
Email: [email protected]
Phone: (626) 574-5400

6. GOVERNING LAW, JURISDICTION, AND VENUE: This Contract will be governed by, and will be construed in accordance with, the laws of the State of California. City agrees and consents to the exclusive jurisdiction of the courts of the State of California or the United States Courthouse, Central District, Western Division, for all purposes regarding this Contract and further agrees and consents DRAFT

Page 8 of 10 ends

City of Arcadia – PH-005590
that venue of any action brought under this Contract shall be exclusively in the County of Los Angeles.

7. TERMINATION FOR CONVENIENCE: The performance of services under this Contract may be terminated, with or without cause, in whole or in part, from time to time when such action is deemed by County or City to be in their own best interest. Termination of services hereunder shall be effectuated by the delivery of an advance written Notice of Termination of the entire Contract by one party to the other at least one hundred and eighty (180) calendar days prior to July 1 of the following calendar year. The termination of services may only be effective on July 1 of the calendar year, so as to assure no lapse in public health and local health officer services to the residents of City.

8. ALTERATION OF TERMS/AMENDMENTS: The body of this Contract and any Exhibits attached hereto, and documents incorporated by reference, fully expresses all understandings of the parties concerning all matters covered and shall constitute the total Contract. No addition to, or alteration of, the terms of this Contract, whether by written or verbal understanding of the parties, their officers, employees or agents, shall be valid and effective unless made in the form of a written amendment to this Contract which is formally approved and executed by the parties in the same manner as this Contract.

9. INDEPENDENT CONTRACTOR STATUS: This Contract is by and between the County and City and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and City. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.

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City of Arcadia – PH-005590

10. NO INTENT TO CREATE A THIRD-PARTY BENEFICIARY CONTRACT:

Notwithstanding any other provision of this Contract, the parties do not in any way intend that any person shall acquire any rights as a third-party beneficiary under this Contract.

11. VALIDITY: If any provision of this Contract or the application thereof to any person or circumstance is held invalid, the remainder of this Contract and the application of such provision to other persons or circumstances shall not be affected thereby.

12. WAIVER: No waiver by the County of any breach of any provision of this Contract shall constitute a waiver of any other breach or of such provision.

Failure of the County to enforce at any time, or from time to time, any provision of this Contract shall not be construed as a waiver thereof. The rights and remedies set forth in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. /
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City of Arcadia – PH-005590
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Contract to be subscribed by its Director of Public Health, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officer, the month, day, and year first written above.

CITY OF ARCADIA COUNTY OF LOS ANGELES

By: ____________________________ By: _____________________________ Dominic Lazzaretto Barbara Ferrer, Ph.D., M.P.H., M.Ed.

City Manager Director

Date: ___________________________ Date: ___________________________

APPROVED AS TO FORM APPROVED AS TO FORM

BY THE OFFICE OF THE CITY ATTORNEY BY THE OFFICE OF THE COUNTY COUNSEL

MICHAEL J. MAURER, City Attorney DAWYN R. HARRISON, County Counsel

By: ____________________________ APPROVED AS TO CONTRACT City Attorney ADMINISTRATION:

Department of Public Health

Date: ___________________________
By: _____________________________
Contracts and Grants Division
ATTEST:

LINDA RODRIGUEZ, City Clerk
Date: ___________________________

By: ____________________________
City Clerk

Date: ___________________________
(AFFIX CORPORATE SEAL HERE)

#07642:db
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ARCADIA – PH-005590

Exhibit A:

CITIES - HEALTH OFFICER - ADOPTION OF COUNTY CODE

ARCADIA
ADOPTION OF OUR COUNTY CODE TITLE 8 & TITLE 11
5600. - LOS ANGELES COUNTY HEALTH CODE. ADOPTION.

The Health Code of the County of Los Angeles, as approved by the Board of Supervisors through October 19, 2010, together with such amendments thereafter as may hereafter be enacted by the County, is hereby adopted and by this reference made a part of the Arcadia Municipal Code with the same force and effect as though fully set forth herein. A copy of said "Health Code" is on file and open to inspection in the Office of the City Clerk. Where, in any specific case, there is a difference between the City of Arcadia Municipal Code and the Los Angeles County Health Code, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. In the event that there is an inconsistency or conflict between any provision of the County Health Code and any other provision of the Arcadia Municipal Code, then such other conflicting provision of the Arcadia Municipal Code shall have precedence. (Amended by Ord. 2171 adopted 2-18-03: Ord. 1264 adopted 10-20-64; amended by Ord. 1495 adopted 10-16-73; amended by Ord. 1514 adopted 9-3-74)

(Amended by Ord. 2282, adopted 4-5-11)

CITY MUNICIPAL CODE EXCLUSION OF SPECIFIC PUBLIC HEALTH SERVICES None

DRAFT
ORDINANCE NO. 2282

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING SECTION 5600
OF CHAPTER 6, PART 3, ARTICLE V OF THE ARCADIA

MUNICPAL CODE AND ADOPTING BY REFERENCE

THE LOS ANGELES COUNTY HEAL TH CODE
WHEREAS, the City Council of the City of Arcadia utilizes the Los Angeles County Public Health Code as the "Health Code" for the City of Arcadia; and WHEREAS, the City Council wishes to adopt by reference the Los Angeles County Public Health Code, as approved by the Board of Supervisors through October 19, 2010, together with such amendments thereafter as may hereafter be enacted by the County, such that it is made a part of the Arcadia Municipal Code; and WHEREAS, as part this proposed action, the City of Arcadia adopts recent revisions to Title 8 of the Los Angeles County Public Health Code that adds "mobile food facility" to the definition of food facility; establishes a semi-annual letter grading and scoring program for mobile food facilities; requires owners of mobile food facilities and mobile support units to disclose current route information to the Department of Public Health; and establishes an annual certification inspection for mobile food facilities and mobile support units.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 5600 of Chapter 6, Part 3, Article V of the Arcadia Municipal Code is hereby amended to read as in its entirety as follows:
1 Attachment No. 3
"5600. LOS ANGELES COUNTY HEAL TH CODE. ADOPTION. The
Health Code of the County of Los Angeles, as approved by the Board of Supervisors through October 19, 2010, together with such amendments thereafter as may hereafter be enacted by the County, is hereby adopted and by this reference made a part of the Arcadia Municipal Code with the same force and effect as though fully set forth herein. A copy of said "Health Code" is on file and open to inspection in the Office of the City Clerk. Where, in any specific case, there is a difference between the City of Arcadia Municipal Code and the Los Angeles County Health Code, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. In the event that there is an inconsistency or conflict between any provision of the County Health Code and any other provision of the Arcadia Municipal Code, then such other conflicting provision of the Arcadia Municipal Code shall have precedence."
SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption.

Passed, approved and adopted this 5th
ATTEST:

APPROVED AS TO FORM:
�P. t� Stephen P. Deitsch
City Attorney
2 day of April , 2011.

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2282 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 5th day of April, 2011 and that said Ordinance was adopted by the following vote, to wit:

AYES: Council Members Chandler, Harbicht, Kovacic and Amundson NOES: None
ABSENT: Council Member Segal
4� JI&_ 4:0 ity Clerk of the City of Arcadia
3 day of

AGREEMENT - HEALTH SERVICES
J/1 I 7 :). t/ :J,_
THIS AGREEMENT, made and entered into this 12th
__ F_eb_ru_a_r_Y _______ , 19�, by and between
the COUNTY OF LOS ANGELES, State of California, hereinafter called the "County," and the CITY OF ___ A_r_c_a _d_i_a _____ , 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
d t d �PPPOI/ED �y COARDf OF SUP!:RVISORSordinances now in effect or hereafter a op e. Cop�es o •) () '
1 qr.")
<) 'l)J
Attachment No. 4
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 ance 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-
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
February 12, , 19 64 , and this contract shall
remain in full force and effect to July l; 19-6,L, and
unless then terminated shall be renewed without further action -3-
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 1 the services changes 3 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 j 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-
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-
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.

SIXTEEN'IH: 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-
\ f I •
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 Ch,c,a_d,,e_'a._,
BY � )0- ili'-0�.
��ST: , L,, � MAYOR -
{__;1:{_;ua:t_,ic,U (/MG,�?C&_d/J�
City Clerk
ATTEST:

GORDON T. NESVIG
Clerk of the
Board of Supervisors

WINIFRED BERNSTEIN
Deputy

A PPR()VED AS TO FORM

COUNTY OF LOS ANGELES
{5.IAL) BY W$BREN M. � Cha1rman�Boar of Supervisors
HAROLD W. KENNEDY, County Counsel
BY_Jf7 �¥
J\.FFROVED AS TO FO.Fu,1 ,
Depuy
4/63 -7-

Arcadia City CouncilApril 1, 2025

Arcadia City Council
April 1, 2025