HomeMy WebLinkAboutCC Resolution 10916 (Housing & Hotel Inspections)RESOLUTION NO. 10916
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
ADOPTING A REVISED AGREEMENT FOR HEALTH SERVICES WITH MARIN COUNTY,
ELIMINATING THE COUNTY'S RESPONSIBILITY FOR HOUSING AND HOTEL INSPECTIONS
WHEREAS, in 1973, the City Council adopted Resolution 4542 which authorized an agreement
with Marin County to provide public health services required by State law and local ordinances; and
WHEREAS, in 2001, the City Council determined that the City would assume responsibility from
Marin County for inspection of all apartments and hotels within the City for compliance with uniform
building codes, adopted Ordinance 1769 establishing regulations for such inspections, and amended the
City's fee schedule to establish a funding source for an expanded inspection program; and
WHEREAS, an amendment of the former 1973 agreement is necessary to eliminate the County's
responsibility for housing and hotel inspections;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael adopts the
revised health services agreement with Marin County, eliminating the County's responsibility for housing
and hotel inspections, which is attached and made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the Council of said City on Tuesday, the
fourth day of September 4, 2001, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: [lone
JEAft M. LEONCINI, City Clerk
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AGREEMENT FOR HEALTH SERVICES
This AGREEMENT is made and entered into this day of D ,
2001 by and between the COUNTY OF MARIN, a political subdivision of the State of
California (hereinafter "County") and the CITY OF SAN RAFAEL, a municipal
corporation (hereinafter "City").
RECITALS
WHEREAS, pursuant to Division 101, Part 3, Chapter 4, Articles 2 and 3 of the
California Health & Safety Code, City may by resolution or ordinance transfer the
responsibility for enforcement of public health statutes and related regulations to the
County Health Officer, and County may enter into agreements authorizing the County
Health Officer and other employees of the County to enforce and observe within City
certain ordinances pertaining to public health and sanitation and the making of all
inspections and performance of all functions in connection therewith; and
WHEREAS, City and County determined that the public interest would be best
served by such an agreement between the City and County; and
WHEREAS, the County and the City entered into an Agreement dated August 28,
1973 for certain health services provided by the County ("Prior Agreement"); and
WHEREAS, the parties have recently reviewed the Prior Agreement and would
like to modify and clarify portions of the Prior Agreement; and
WHEREAS, City has recently adopted Chapter 12.42 of the San Rafael Municipal
Code to provide for a periodic Housing Inspection Program for apartments and hotels
located within the City;
NOW, THEREFORE, the parties agree to terminate the Prior Agreement and
enter into this Agreement for certain health services provided by the County, as set forth
below.
AGREEMENT
1. Termination of Prior Agreement.
The Prior Agreement by and between the County and the City is hereby terminated.
2. State Law.
Pursuant to Health & Safety Code Sections 101375, the Marin County Health Officer
will enforce and observe in the City all orders and quarantine regulations prescribed
by the State Department of Health Services and other regulations issued under the
provisions of the California Health & Safety Code, and statutes relating to the public
health.
City Abatement of Substandard Housing in Apartments and Hotels
The County shall not enforce applicable statutes, laws and regulations regarding the
abatement of substandard housing conditions in apartments, hotels and other
dwellings located within the City, the City having agreed hereunder to assume
responsibility for the abatement, in its reasonable discretion, of substandard housing
conditions in such apartments, hotels and other dwellings under applicable City
ordinances, including the Uniform Housing Code and newly adopted Chapter 12.42
of the San Rafael Municipal Code.
4. City Health Functions.
Pursuant to Health & Safety Code Section 101400, the County Department of
Environmental Health Services shall perform such functions and make such
inspections as may be required by the City with respect to the enforcement of City
ordinances relating to public health and sanitation, including substandard housing
regulations concerning vermin, rodents, insects, mold and mildew, upon reasonable
advance notice from City. City shall guarantee access to and make provisions for
County to enter upon public and private lands as required to perform services
required under this Agreement.
5. Fees to Pay Expenses of Health Officer under City Ordinances.
City shall reimburse the County Department of Environmental Health Services for the
performance of such functions and inspections under City ordinances as are required
by the City under Paragraph 4 of this Agreement at an hourly rate sufficient to cover
the County's reasonable expenses. The parties agree that this rate shall be set at
$75.00 per hour until July 1, 2002, and shall be increased thereafter only as the
County demonstrates it is necessary to cover the County's reasonable expenses.
6. Indemnification.
City shall indemnify, hold harmless, and defend the County from any and all claims,
obligations, liabilities, costs, demands, damages, expenses, suits or causes of action,
including costs and reasonable attorneys' fees (collectively referred to as
"Liability"), which may ensue in connection with the performance under Paragraph
4 of this Agreement by County or its agents or employees, excepting only Liability
arising out of the gross negligence or willful misconduct of the County or its agents
or employees. The indemnity obligations hereunder survive the termination of this
Agreement.
7. Administration.
County shall designate such qualified Environmental Health Specialists as may be
necessary to carry out the responsibilities identified herein.
8. Term.
This Agreement shall commence on the day first written above and shall continue
indefinitely until such time as City or County causes the Agreement to be legally
amended or terminated. The Agreement may be terminated by either party at any
Agreement for Health Services Page 2 of 4
time by the written notification of such intent at least thirty (30) days prior to
expiration.
8. Notice.
Certified copies of the resolutions or ordinances authorizing adoption of this Agreement
by the respective governing bodies of the parties hereto shall be forthwith served upon
the City Clerk and the Clerk of the County Board of Supervisors. All notices and other
communications required or permitted to be given under this Agreement, including any
notice of change of address, shall be in writing and given by personal delivery, or deposited
with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed,
upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY: Community Development Director
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 944915-1560
TO COUNTY: Director of Environmental Health Services
County of Marin
Marin Civic Center, Room 236
3501 Civic Center Drive
San Rafael, CA 94903
9. Prior Agreements.
Adoption of this Agreement supersedes any prior agreements to the extent they are
inconsistent herewith.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate effective the day and year first written above.
CITY OF SAN RAFAEL
By
AL B R(66 (/
Mayor, City of San Rafael
Attest:
J =.EONCIM
City Clerk
Agreement for Health Services Page 3 of 4
COUNTY OF MARIN
By'��
HAL BROWN
President, Marin County Board of
Supervisors
Attest:
M\ITINI)
Deputy Clerk
Approved as to form:
r�
Gary Ragghianti�
City Attorney
Agreement for Health Services Page 4 of 4
Approved as to form:
Jennifer M. Waldron
Deputy County Counsel