10A
Date: April 22, 2025
To: Honorable Mayor and Members of the City Council
From: Aram Chaparyan, City Manager
By: Eirenne O'Neill, Management Assistant | [email protected] Subject: City Manager – Approve Updated Public Health Services Contract with Los Angeles County Public Health Department. Expenditure: None.
RECOMMENDATION
Recommendation of the City Manager that City Council approve the updated public health services contract with the Los Angeles County Public Health Department for continual public health services and delegate the execution of the contract to the City Manager.
FUNDING
None required.
DISCUSSION
The City of Torrance (City) has an existing public health services contract with the Los Angeles County Public Health Department similar to contracts held with 85 cities across Los Angeles County (County). California law permits contracts for local public health administration between counties and cities, allowing the County’s Health Officer to act as the local health officer within contracted jurisdictions. The County has provided these services through its Public Health department (Public Health) on behalf of the City for approximately 60 years. On June 24, 1958, City Council adopted Resolution #3491 which memorialized the original agreement (Contract # C-0000088) and a revised agreement was approved by Council on July 30, 1963 (Attachment 1).
Since the City’s contract has remained unchanged since the 1960s, the same agreement is still in use today. Over the past seven decades, certain language and provisions have become outdated due to changes in applicable laws and public health practices over the past seven decades. To address this, Public Health has provided an updated contract to Cities, replacing the existing contract to better reflect current County public health practices and modernize the contract with updated statutory references.
FISCAL IMPACT
Public Health provides the local administration of public health services to cities on a no-cost basis. For facilities or locations that require a County issued public health permit, the contract continues to permit the County to solely collect the required public health permit fees to fund the cost of its operations.
1 City Council
April 22, 2025
CONTRACT ADJUSTMENTS
Term
The updated contract will become effective upon date of execution and replace all prior contracts for public health services between the City and County. Additionally, the contract will continue in full force and effect until June 30, 2029. Subject to Section 7 of the contract (Attachment 2), the contract will 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.
Services
There have been no changes in the contract services provided by Public Health. The current public health services contracts contain terms that are outdated, as the legal citations have changed. In 1991, the California State Legislature reorganized the Health and Safety Code. Public Health updated the language and statutory references for the City-County Public Health contracts after a stakeholder engagement process with a work group of representative contracted cities to gather feedback and answer questions. The updated local administration of public health services contracts includes these updated statutory references and updated contractual language that aligns with current Public Health practices.
Language
For the sake of uniformity and clarity, the County has made a revision to replace the term “agreement” with “contract,” as it was inadvertently used in the previous draft. This correction has been applied to two instances in the prior draft, specifically in paragraphs 4(e) and 5, following the contract's approval at the October 22, 2024, Board of Supervisors meeting (Attachment 2).
Additionally, a final revision was made to correct a typographical error in paragraph 6, where “United Stated Courthouse” has been amended to “United States Courthouse.” No other changes have been made.
Additionally, the contract specifies City Municipal Code Exclusion of specific public health services:
47.2.1 TATTOOING ESTABLISHMENTS.
o Section 320 of the Los Angeles County Health Code entitled Tattooing Establishments is hereby deleted.
47.2.2 RUBBISH.
o Section 603 of the Los Angeles County Health Code entitled Rubbish is hereby deleted.
47.2.3 BURIAL OF OFFENSIVE MATERIAL
o Section 604 of the Los Angeles County Health Code entitled Burial of Offensive Material is hereby deleted.
47.2.4 HOUSING AND GENERAL REQUIREMENTS
o Chapter XI of the Los Angeles County Health Code entitled Housing and General Requirements is hereby deleted.
These amendments align with Chapter 7, Article 2 of the Torrance Municipal Code, which outlines any changes or updates to the public health code. The Torrance Municipal Code is current through Ordinance 3939, passed November 19, 2024.
2 City Council
April 22, 2025
CONCLUSION
The updated contract between the City of Torrance and the Los Angeles County Public Health Department for public health services is an essential step in modernizing and streamlining the relationship between the two entities. The revised contract ensures that the City's public health services are aligned with current laws and practices while maintaining the same high level of service that Torrance has relied upon for decades. By addressing outdated statutory references and incorporating necessary updates, this contract will support the continued provision of essential public health services to the Torrance community without incurring additional costs. The clarity provided by the updated language and the correction of previous typographical errors will help ensure smooth implementation moving forward.
ATTACHMENTS
1. Original Torrance-Los Angeles County Department of Public Health Contract Approval – Item #48, City Council Meeting, July 30, 1963
2. Proposed Updated Public Health Services Contract – Board of Supervisors Meeting, October 22, 2024
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ATTACHMENT 1
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City of Torrance – PH-005667
Contract No. PH-005667
DEPARTMENT 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 TORRANCE
(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 Torrance 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.
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City of Torrance – PH-005667
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 12
City of Torrance – PH-005667
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 13
City of Torrance – PH-005667
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 14
City of Torrance – PH-005667
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 15
City of Torrance – PH-005667
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. 16
City of Torrance – PH-005667
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 Torrance
Attention: City Manager
3031 Torrance Boulevard
Torrance, CA 90503
Email: [email protected]
Phone: (310) 328-5310
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 17
City of Torrance – PH-005667
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 Torrance – PH-005667
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 Torrance – PH-005667
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 TORRANCE COUNTY OF LOS ANGELES
By: ____________________________ By: _____________________________ Aram Chaparyan 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
PATRICK Q. SULLIVAN, 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:
REBECCA POIRIER, City Clerk
Date: ___________________________
By: ____________________________
City Clerk
Date: ___________________________
(AFFIX CORPORATE SEAL HERE)
#07642:db
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Exhibit A:
CITIES - HEALTH OFFICER - ADOPTION OF COUNTY CODE
TORRANCE
ADOPTION OF OUR COUNTY CODE TITLE 8 & TITLE 11
47.1.1 ADOPTION OF PUBLIC HEALTH CODE.
That certain document in book form entitled Los Angeles County Public Health Code of which code not less than three (3) copies have been and now are filed in the Office of the City Clerk of the City, save and except such portions as are hereinafter deleted, modified or amended by this Chapter, is hereby adopted by the City Council of the City as the Public Health Code of the City.
47.2.6 READOPTION OF COUNTY CODE; FOOD FACILITY GRADING. (Added by O-3532; Amended by O-3753)
a) Sections 11.02.010 to 11.38.610, inclusive, with the exception of Sections 11.02.192,
11.04.030 to 11.04.330, 11.15.010 to 11.15.050, 11.16.060, 11.16.110, 11.91.010 to
11.19.040, 11.28.010 to 11.28.060, 11.36.010 to 11.36.080, 11.38.470 and 11.38.460, and Chapter 11.20 of the Health and Safety Code of the County of Los Angeles and all subsequent ordinances amending the incorporated sections of Title 11 of the Los Angeles County Code, are adopted and incorporated by this reference as if set forth in full in this Section. The adopted provisions of the Health and Safety Code fully express the will and intention of the City Council of the City of Torrance as to those matters relating to public health that are contained in the sections of the Los Angeles County Code incorporated and adopted by this Section.
b) Sections 8.04.142, 8.04.165, 8.04.200, 8.04.225, 8.04.275, 8.04.306, 8.04.311, 8.04.337,
8.04.339, 8.04.403, 8.04.405, 8.04.595, 8.04.720 (to the extent that the fees set forth in this Section apply to food official inspections), 8.04.728, 8.04.752, 8.04.755, 8.04.790,
8.04.810, 8.04.817 and 8.04.943 of Title 8 of the Los Angeles County Code (Consumer Protection and Business Regulations) and all subsequent ordinances amending the incorporated sections of Title 8 of the Los Angeles County Code, are adopted and incorporated by this reference as if set forth in full in this Section. The adopted provisions of Title 8 of the Los Angeles County Code fully express the will and intention of the City Council of the City of Torrance as to those matters relating to public health that are contained in the sections of the Los Angeles County Code incorporated and adopted by this Section.
c) The provisions of this Section, insofar as they are substantially the same as provisions of the Torrance Municipal Code relating to the same subject matter existing immediately 21 TORRANCE – PH-005667
preceding adoption of this Section, shall be construed as restatements and continuances, and not as new enactments.
d) The issuance of a permit, certification, or approval under the provisions of this Section shall not constitute a waiver of any other requirement contained in the Torrance Municipal Code or any other law or ordinance, and all such requirements shall be complied with in addition to the obtaining of a permit, certification, or approval under the provisions of this Section.
e) The issuance of a permit, certification, or approval under the provisions of this Section shall not constitute an approval of any violation of any provision of this Section, or any law or ordinance, and a permit, certification, approval, or other document purporting to give authority to violate any law or ordinance shall not be valid with respect thereto.
f) Any person, group, corporation or association which prepares food for, or dispenses food to, members of the public shall comply with the provisions of the Los Angeles County Health and Safety Code, which are adopted and incorporated by this Section and which impose requirements for food handling, preparation, storage and treatment and for the packaging of box lunches, sandwiches and other prepared food.
g) In the event of any conflict, inconsistency or ambiguity arises between the provisions of Title 8 and Title 11 of the Los Angeles County Code as adopted by this Section and any other provision of the Torrance Municipal Code, the provisions of the Torrance Municipal Code shall govern.
h) A copy of Title 8 (Consumer Protection and Business Regulations) and of Title 11 (Health and Safety) of the Los Angeles County Code is on file in the Office of the City Clerk.
CITY MUNICIPAL CODE EXCLUSION OF SPECIFIC PUBLIC HEALTH SERVICES
47.2.1 TATTOOING ESTABLISHMENTS.
SecƟon 320 of the Los Angeles County Health Code enƟtled TaƩooing Establishments is hereby deleted.
47.2.2 RUBBISH.
SecƟon 603 of the Los Angeles County Health Code enƟtled Rubbish is hereby deleted.
47.2.3 BURIAL OF OFFENSIVE MATERIAL.
SecƟon 604 of the Los Angeles County Health Code enƟtled Burial of Offensive Material is hereby deleted.
47.2.4 HOUSING AND GENERAL REQUIREMENTS.
Chapter XI of the Los Angeles County Health Code enƟtled Housing and General Requirements is hereby deleted.
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