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HomeMy WebLinkAboutReso 1952-1389 RESOLUTION NO. 1389 ,;'M, . •Txm a:. - a�. iii �'' ? . r - RESOLUTION. NO. 13$9 RLSULUTION OF THE ,CITY COUNC4.L.DF THE - eiTY OF CHULA. VISTA..ARPROVINC.AOREEDINT.- , FOR HEALTH SERVICES rd BE aLEE SHED BY THE .COUNTI. OE. SAN DIEGO-- f - . THE CITY COUNCIL. OF THE- CITY OF. CHULA- VISTA, ,.DOES HEREBY RESOLVE AS FOLLOWS: • . ' , ` >' That certain agreement- between--the•'City- of• Chula Vista and the County of San Diego entitled "Agreement for Public - Health Services To Be Furnished By The County To The City Of Chula Vista", a copy ' of which is attached hereto and by this reference incorporated herein,is hereby approved and'the` Mayerr- , and City Clerk- of the City of Chula Vista are hereby authorized . and directed to execute the same for and on behalfs'of the City of- Chula Vista. , , ADOPTED AND APPROVED by the CITY COUNCIL of .the ' CITY OF 9 . - CHULA VISTA, CALIFORNIA, this An day of December, 1952, by the folloring vote, to-wit: - , AYES: COUNCILMEN DeWolfe, Halferty; Reisland; Logan NAYS: COUNCILMEN None. • ABSENT: COUNCILMEN Hobel tea." ' 1r /, i - • Mayor of the ,Cit o 'di- Vista ATTEST: €, ; ,.. ,��;�' by Deputy ' ' • ' STATE OF CALIFORNIA '. t . COUNTY OF SAN DIM , s .4, ' ` s CITY OF CHULA VISTA r' �A . i ,1, I, KENNETH P. CAMPBELL, City Clerk of the City° of' Chula Vista, California, DO HEREBY CERTIFY that the above and. foregoing is a , full, true and .correct , dopy of Resolut`iOn Ito. 1,389; and that the '{ ame has not been amended or repealed., . - , ��, 2 h' 1 2. ,. DATED: December 1 t , 95 City Clerk AGREEMENT FOR PUBLIC HEALTH SERVICES TO BE FURNISHED BY THE COUNTY TO THE CITY OF CHULA VISTA The COUNTY OF SAN DIEGO, hereinafter referred to as the COUNTY, and the CITY OF CHULA VISTA , hereinafter referred to as the CITY, hereby agree as follows: WHEREAS, the City has appointed the County Health Officer (Director of Public Health of the County of San Diego) as the City Health Officer for said City; and • WHEREAS, the City has adopted or proposes to adopt certain . • ordinances relating to public- health and sanitation which ordinances contain the same regulatory and penal provisions as the County ordinances 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 ordinances, which enforcement shall include the making of,necessary inspections required by said City ordinances, and to pay the County for such service the same fees that are charged by • the County pursuant to the comparable County ordinances; and WHEREAS, the County has agreed to 'enforce and carry out the • regulatory provisions of those City-ordinances that contain ' regulatory and penal provisions identical to- the County ordinances hereinafter in this agreement enumerated; and WHEREAS, the City may from time to time desire to employ the County to enforce and carry out the regulatory provisions of certain City ordinances 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 ordinances applicable . to the unincorporated territory of the County of San Diego; and WHEREAS, the County, within the limitations of its personnel and subject to agreement, will enforce and provide the inspections and services required by such City ordinances imposing regulations and requiring services different from or over and above those required by the County ordinances, provided the City pay the County, , • Co 1 1-11 its expenses in providing the services required by such City ordinances; NOW THEREFORE, } IT IS HEREBY AGREED AS FOLLOWS: 1. The County, through its Director of Public Health, shall enforce and observe in the City the following: (a) All orders, quarantine regulations, and rules and regulations issued by the State Department of Public Health under the provisions 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 County ordinances regulating the matters pertaining to public health and sanitation as hereafter in this paragraph set forth: (a) County Ordinance No. 299 regulating barber shops, beauty parlors, pool halls and billiard halls. • (b) County Ordinance No. 302 regulating camps and . - picnic grounds. • (c) County Ordinance No. 306 regulating the production of milk. (d) County Ordinance No. 151 (Neel Series) regulating camps for children. • • (e) County Ordinance No. 161 (New Series) regulating food handling and food production establishments. (f) County Ordinance No 440 (New Series) regulating septic tank and cesspool cleaners. (g) County Ordinance No 447 (New Series) regulating hotels and apartment houses. (h) County Ordinance No $50 (New Series) regulating massage parlors. (i) County Ordinance No. 982 (New Series) regulating the issuance of burial and removal permits. (j ) County Ordinance No, 1027 (New Series) regulating refrigeration plants. • (k) County Ordinance No. 1254 (New Series) regulating plumbing, - including installation of gas pipe. (1) County Ordinance No. 125$ (New Series) regulating . . installation of septic tanks, cesspools and other . • sub-surface disposal systems. 3. When the City desires that the County, through its officers ' and agents, enforce the provisions of a City ordinance that contains the identical regulatory and penal provisions set forth in one of the County ordinances enumerated in paragraph 2 of this agreement, which said City ordinance shall be designated hereinafter as the "comparable City ordinance", the City shall: (a) Furnish the Clerk of the County Board of Supervisors a certified copy of a resolution adopted by the City . • Council in which the Council requests the County to enforce the comparable City ordinance pursuant to this agreement and certifies that said City Ordinance. imposes upon the incorporated territory of said City the same regulatory and penal provisions contained in one of the County ordinances enumerated in said • paragraph 2. • (b) Empower the appropriate County officers and employees designated by the County Board of Supervisors to enforce the comparable-City ordinance within the incorporated territory of the City. • (c) Furnish to the Clerk of the County Board of Supervisors two certified copies of the comparable City ordinance, together with two certified copies of all amendments thereto, which copies said Clerk. shall transmit to the appropriate County Department or officer. • 4o 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 ordinance and as a part of such enforcement shall make the inspections required by such ordinance, all in accordance with the provisions of this agreement. 5, Where the comparable City ordinance to be enforced by the County requires that an inspection be made prior to the issuance of a permit or license, the following procedure shall be followed: (a) The City, through its officers and employees that are not officers or employees of the County, shall accept the application, on a form approved by the appropriate County department, and collect any fee. prescribed by the City ordinance. (b) The City shall notify the County department charged with the enforcement of the comparable City ordinance, on a form approved by such department, that such application has been filed and shall furnish said County department a copy of the application,• (c) Upon receipt of such notice and a copy of the application, the County department shall make the necessary inspection, and if the applicant meets the requirements of the com- parable City ordinance, the appropriate County officer • shall issue in the name of the City the permit or license for which application was made. 6. Where the comparable City ordinance to be enforced by the County requires that a permit or license be first issued and thereafter inspections be made to approve the installation made or activity performed pursuant to the permit or license, the following procedure shall be followed: (a) The City, through its officers and employees that are not officers or employees of the County, shall accept the application, on a form approved by the appropriate County department, collect any fee prescribed by the comparable City ordinance and issue the permit or license. (b) The City shall notify the County department charged with the enforcement of the comparable City ordinance, on a notification form approved by that department, that such permit or license has been issued and shall furnish such County department a copy of the license or permit and a copy of the application therefor. (c) Upon receipt of the notice, the copies of the application and license or permit, the County department shall make the inspections required by the comparable City • ordinance. (d) Whenever a reinspection is required pursuant to the comparable City ordinance and a fee is prescribed by such ordinance for the reinspection, the County department enforcing such ordinance shall notify the appropriate • officer of the City who is not an officer of the County that such reinspection is necessary, and it shall be the duty of the City officer to collect the fee for the reinspection and thereafter notify the County department, on a form approved by that department, that such fee has been paid and that the reinspection may be made. Upon receipt of such notice, the County department shall make the reinspection. 7. In consideration of the services to be rendered by the County as specified in paragraphs 3 to 6, inclusive, of this agreement, the City agrees to pay to the County for each application filed, each permit and license issued, and each inspection and reinspection made pursuant to the comparable City ordinance, an amount of money equal to the fee or fees prescribed for such application, permit, license, - 5 .. inspection, and reinspection by the County ordinance containing the same regulatory and penal provisions as the comparable City ordinance, 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 County ordinance. $. Based upon the copies of applications, permits and licenses furnished by the City to the County, and based upon the number of permits and licenses issued and inspections and reinspections made by the County, the County department enforcing the comparable City ordinance shall at the end of each calendar month submit to the .City Clerk of _ the City a statement of the amount due from the City to the County - for the enforcement of the comparable City ordinance during the. preceding calendar month. The City shall within 30 days after receipt of such statement pay ,to the County through the County department enforcing the comparable City ordinance, the amount shown by such statement to be due. 9. The City shall within five (5) days after the adoption of any amendment to a comparable City ordinance furnish two (2) certified copies of such amendment to the County department enforcing the comparable City ordinance, 10. In the event the City amends any comparable City ordinance that the County is employed to enforce pursuant to this agreement so that such City ordinance no longer embodies the identical regulatory and penal provisions contained in the County ordinance, 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 ordinance. 11. In the event the County amends any ordinance 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 - 6 - . to adopt a similar amendment to the comparable. City ordinance being enforced by the County, 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 comparable City ordinance. 12. The City may employ'the County to enforce one or more comparable City ordinances upon the terms and conditions and for the compensation hereinabove specified by following the procedure specified in paragraph 3 of this agreement. 13 . In the event the City adopts an ordinance regulating health or sanitation matters other than those regulated by the County. ordinances specified in paragraph 2 of this agreement, or adopts an ordinance that imposes different or more stringent regulations or. pro- . vides for more inspections or service than imposed or required by the • • • County ordinances, the City and the County may by a supplement to this agreement provide for the enforcement of such city ordinance in accor- . . dance with the terms, e&laitions and provisions specified in paragraphs • 3, 4, 5, 6, $ and 13 of this agreement and provide for the consider- ation to be paid by the City to the County for the enforcement of such City ordinance, which consideration. shall be in addition to any con- sideration required to be ,paid by this agreement for the enforcement of comparable City ordinance. • • In the event the City amends any ordinance 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 ordinance.. 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 13 insofar as it is obligated to enforce the City • ordinance that is the subject of such supplemental agreement by giVing' , • 30 days' written notice thereof to the City 8lerk of the City. . 14. With respect to all duties which the Director of Public Health of the County of San Diego is authorized or, required to perform • within or for the City, including the enforcement •of comparable City - 7 - • • • ordinances pursuant to this agreement, said Director of Public Health, • 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. 15. In the event the County assumes the enforcement of a City ordinance 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 ordinance, the obligation of the County to enforce such City •• ordinance shall immediately terminate. 16. This agreement shall supersede- all existing agreements • • • between the City and the County that require the County or the County • Health Officer to-perform health services within or for the City, including the agreement dated July 17. This agreement shall take effect on January 1, 1953. 18. This agreement may be terminated by the County by the giving of ninety (90) days' written notice of intention to terminate to the City Clerk of the City or by the City by the giving of' ninety (90) days' written notice of intention to terminate to the Clerk of the Board of Supervisors of the County; provided, however, this provision • shall not authorize- the County to avoid furnishing services specified . . in Paragraph 1 of this agreement so long.as the State statutes require. the County to furnish such services to cities without charge. 19. Notwithstanding the foregoing provisions of this agreement, the County agrees that for the period of January 1, 1953 .to and • - including June 30, 1953 it will enforce in the city the existing City Ordinance regulating the installation of plumbing and subsurface disposal systems (City OrdinancesNo. 365, as amended, and 383 • ), hereinafter referred to as the "City Ordinance", in consideration for which service, the City shall pay to the. County • through the Building Inspection Division of the Department of Public Works of the County the sum of $ 50.00 on the first of each month commencing January, 1953 and continuing through June, 1953.. • -8- • s • The enforcement of the provisions of said City Ordinance regulating • • the installation -of plumbing ,Shall be performed by the County through the Building Inspection Division of the Department of Public Works of the County and the provisions of said City Ordinance regulating the . installation of subsurface disposal systems shall be performed by the County through the Department of Public Health of the County. : . The City, through its officers and employees who are not officers or employees of the County, shall accept applications for permits for the installation of plumbing and for the installation. of subsurface disposal systems, collect any fees required to be paid by'such City Ordinance, and issue permits for the installation of plumbing and sub- . surface disposal systems.. • Upon the issuance by the City of any permit authorizing the installa- Lion of plumbing, notice of the issuance of such permit, together with a copy _of such permit and the,application therefor, shall be furnished • to the Chief Building Inspector of the County of San Diego. Upon the issuance by the City of any permit authorizing the installation of any • subsurface disposal system, notice of the issuance of such permit, together with a copy of the application therefor, shall be furnished to the Director of Pubiic. Health of the County of San Diego. On receipt of the notice, the copies of the application and permit, the appropriate -County officers or employees shall proceed to make the inspection required by said City Ordinance. • Whenever reinspection is required pursuant to the City Ordinance and.a fee is prescribed by the Ordinance for the reinspection, the • . appropriate County department shall notify the appropriate- officer of ' the City who is not an officer of the County, that such reinspection . is necessary, and it shall be the duty-of the City officer to collect : .. the fee for 'the reinspection and thereafter notify the appropriate . County department that such fee has been paid and that such reinspec- tion may be made. On receipt of such notice, the appropriate County • officers or employees shall proceed to make the reinspection. The City, by executing:this agreement, appoints the Director of -9- • Public Works of the County of San Diego,the Chief Building inspectdr of said County, their deputies and employees as the agents of the City with the authority and power to enforce and carry out within the City . the provisions of said city ordinance relating to the installation of plumbing, and said officers, deputies and employees are empowered to exercise all powers and perform all duties imposed upon or vested in the County Health Officer, City-Health Officer, Plumbing Inspector, • Building Inspector or similar city or county officers by said city ordinance. . In the event that subsequent to the execution of this Agreement • the said City Ordinance regulating the installation of plumbing and the installation of subsurface disposal systems is amended without the • • • approval of the Director of Public Works of the County of San Diego .. and the Director of Public Health of said County, the County may ,., terminate any obligation to enforce said City Ordinance by giving ten days' written notice of intention to terminate to the City Clerk :.: of the City. IN WITNESS WHEREOF, the City has by resolution of its City Council duly adopted caused this agreement to be executed by the Mayor 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 County Clerk. •" 30 "DATED this fit day of sec e e r , 1952. CITY OF iAA VISTA By . `_ layer ATTEST: • Ci y Cler{ he Ceity of • • CHULA VISTA COUNTY OF g, %IEGO L -J By - At - a rman • e :oar• o upery sors of the County of. San Diego ATTEST: T. H. SEXTON, .County Clerk of the County of an Diego, State of California , Deputy -10-