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The Beverly Hills City Council unanimously approved a resolution Tuesday night opposing the Los Angeles County ban on outdoor dining as COVID-19 cases surge.

The city’s resolution demands a motion be placed on the agenda of the Dec. 8 L.A. County Board of Supervisors meeting to repeal the countywide public health order, citing a “detrimental impact on local businesses and lack of scientific evidence.”

However, the city will continue to follow the rule as it falls within the jurisdiction of the L.A. County Public Health Department.

The City Council also directed its staff to look into creating its own city health department so that it would not have to remain under the county’s.

Currently, Pasadena and Long Beach are the only two cities in the county that have their own public health departments. City officials in Pasadena decided not to follow the county’s dining ban, while Long Beach went along with the order.

The Beverly Hills City Council said they want the county to focus on implementing restrictions based on data and localized to the area of the outbreak, and for rules not be applied unilaterally to every jurisdiction.

The council also directed the city attorney to explore legal action against the county, potentially in collaboration with other municipalities, according to a news release from the city.

Beverly Hills has created a list of businesses offering take-out and delivery options as patios remain closed.

Also on Tuesday, hospitalizations countywide reached a new peak as health officials reported the largest single-day increase in virus cases yet with nearly 7,600. Public Health Director Barbara Ferrer called Tuesday L.A. County “worst day thus far” in the pandemic, adding that those to follow will likely be worse.