HomeMy WebLinkAbout08/15/2006, C6 - ANIMAL SERVICES AGREEMENT WITH COUNTY OF SAN LUIS OBISPO ANIMAL CONTROL SERVICES I I
council "6'°° August 15,2006
j agenba Rep= ,emH� C�
CITY OF SAN LUIS OBISPO
FROM: Deborah E. Linden, Chief of Police
Prepared By: Daniel R. Blanke, Police Captain
SUBJECT: ANIMAL SERVICES AGREEMENT WITH COUNTY OF SAN LUIS OBISPO
ANIMAL CONTROL SERVICES
CAO RECOMMENDATION
Adopt a resolution authorizing the Mayor to sign a three-year agreement for Animal Control
Services with the County of San Luis Obispo.
DISCUSSION
The City's three-year Agreementfor Animal Control Services (Attachment 1) with the County of
San Luis Obispo expired on June 30, 2006. During the agreement period, each year saw a20%
increase in cost, and the FY 2005-06 allocated budget for animal control services was
$104,000.00. In February 2006, the City received notice of contract service fee increases for a
new agreement due to take effect.July 1, 2007, if approved. Dr. Eric Anderson, the County's
Animal Services Manager, explained in a letter that the 20% fee increases imposed during the
2003-06 agreement period were intended to achieve full cost recovery for the contracted services
as directed by the County Board of Supervisors. Nevertheless, the fee increases failed to meet the
full cost recovery objective and, in addition, service costs in the Animal Services Division of the
Sheriff's Department have increased.
The County of San Luis Obispo has proposed a 17.5% annual increase in contract fees for animal
control services for the City of San Luis Obispo for FY 2006-07, and a 21% increase for each of
the following two years. The assessment is based upon the volume of service provided by the
Animal Services Division relative to the City's population, and it includes an inflationary factor
derived from the U.S. Bureau of Labor Statistics 2004 Consumer Price Index for the Los Angeles
area.
Staff feels that the fee increases, though significant, are justified based upon the County's stated
objective of full cost recovery for the services provided. Staff recommends renewal of the
Agreement for Animal Control Services with the County of San Luis Obispo.
CONCURRENCES
The City's Finance and IT Director concurs with the recommendation.
G:\Staff\ELKE\Council Agenda Reports\Animal Control Services Agreement 2006-2009.DOC
Animal Services Agreement Page 2
FISCAL IMPACT
The approved FY 2006-07 budget for animal control services was $104,000.00, which was
$15,179.08 short of the County's proposed contract fee of$119,179.08. A Significant Operating
Program Change (SOPC) request was approved by Council at the June 20'h Council meeting,
authorizing the additional funding in FY 2006-07. Funding for FY 2007-09 will be included in
the next two-year budget process. The following table illustrates the proposed fee increases .
through FY 2008-09:
Contract Services 2005/06 . 2006/07 2006/07 2007/08 2068/09
Contract Budget Proposed Proposed Proposed
Amount Contract Contract Contract
Amount Amount. Amount
Animal Control Agreement 101,428.59 104,000.00 119,179.08 144,928.50 176,241.25
ALTERNATIVES
Council could decline to adopt the resolution (Attachment 2) to renew the Agreement for Animal
Control Services with the County of San Luis Obispo. This alternative is not recommended
because there is high demand for animal control services in the City, with no other reasonable
method available to meet those needs.
ATTACHMENTS
1. Agreement for Animal Control Services
2. Resolution
G:\Staff\ELKE\Council Agenda Reports\Animal Control Services Agreement 2006-2009.DOC
ATTACHMENT 1
SAN LUIS OBISPO COUNTY SHERIFF'S DEPARTMENT
ANIMAL SERVICES DIVISION
AGREEMENT FOR ANIMAL SERVICES
This Agreement is made and entered into on July 1,2006,by and between the County
of San Luis Obispo, hereinafter referred to as "County;" and the City of San Luis Obispo,
hereinafter referred to as "City," and shall be and remain in effect through and including June 30,
2009, unless sooner terminated as herein provided.
WITNESSETH:
THAT WHEREAS, The City is desirous of contracting with the County for performance of the
hereinafter described animal services within its boundaries by the County of San Luis Obispo
through the Division of Animal Services; and
WHEREAS,the County is agreeable to providing such services in accordance with the provisions of
the San Luis Obispo County Code Title 9, which provides for the licensing of dogs, the
establishment of a public pound, and for the collection and care of stray, diseased and vicious
animals;and
WHEREAS, the County of San Luis Obispo has established Animal Services to enforce the
ordinances of the County Code Title 9 within the unincorporated areas of the County; and
WHEREAS,the Cityis desirous of contracting with the County for Animal Services within the City
limits.
1of12
ATTACHMENT 1
NOW,THEREFORE,IT IS AGREED AS FOLLOWS:
DEFINITIONS- Used throughout as follows:
Aggressive means a domestic animal attacking a human (not dog to dog or dog to
livestock) and the human is in immediate danger of being injured.
Household/Domestic Pets/Animals means but is not limited to cats,dogs,canaries,
fish, hamsters, rabbits, turtles, reptiles and other kindred animals usually and
ordinarily kept as household pets.
Injured Domestic Animal means life-threatening (not an abscess or other non
emergent condition) to the animal requiring intervention by a veterinarian.
Small Wildlife means raccoons,possums, foxes and other similar sized wildlife.
Business Hours means hours of operation provided by Animal Services: Monday,
Tuesday,Thursday,Friday from 8:00 a.m.to 5:00 p.m.,Wednesday from 8:00 a.m.to
7:00 p.m., and Saturday from 10:00.a.m. to 4:00 p.m.
COUNTY RESPONSIBILITIES:
Maintain an Animal Services Division-to provide management and supervision of
programs, to maintain records and statistics,and enforce laws and ordinances .
Animal Shelter-maintain,or cause to maintain an animal shelter to provide for the
care, housing, and disposal of animals impounded within the City or County or
delivered by City or County residents.
Operation Permit Services-to provide permit services to all citizens of the County
regardless of jurisdiction.
2of12
c� -y
I I
ATTACHMENT 1
Licensing - to provide licensing to all citizens of the County regardless of
jurisdiction.
Humane Education - to provide humane education regarding responsible pet
ownership, advantages of spay/neuter, rabies control information, regardless of
jurisdiction.
Performance.Standards-County will provide measurable standards to contracting
City related to licensing,services from the field,outcomes,and category of contacts.
DESCRIPTION OF SERVICES:
1. SHELTER PROVISIONS/ANIMAL DISPOSAL
The availability of a shelter to provide care for stray animals transported by citizens
to the animal shelter from within the City incorporated boundaries. This shall
include the administration necessary for surrender of animals at the shelter,the care
of animals during the five (5) day holding period, and final disposal of animals
through redemption, adoption, or destruction.
a) The receipt of household pets delivered to the shelter
or at drop-off kennels.
b) Sheltering of household pets received at the shelter in
accordance with state regulations, local ordinances,
and policies governing humane treatment of such
animals.
C) Services for returning impounded animals to their
owners,adoption of or humane destruction of animals
received or brought to the shelter.
3of12
ATTACHMENT 1
2. ANIMAL BITE INVESTIGATIONS/OUARANTINES
The taking of animal bite reports and subsequent investigations and quarantine ofbite
animals. Investigation of all animal bites involving humans and the quarantine of
biting animals pursuant to state regulations and local ordinances. The keeping of
such records and reporting of information to the State Department of Health Services.
3. RABIES CONTROL/SUSPECT RABID ANIMAL HANDLING/TESTING
The response to and attempted capture of suspect rabid wildlife and domestic
animals. The destruction of such animals, proper laboratory preparation for rabies
testing, transport of tissue to the County Public Health Department for testing, and
proper disposal of remains when found to be positive. Investigations of exposures to
rabid animals or suspect rabid animals at large and the quarantine or destruction of
animals which were in contact with rabid animals.
4. EMERGENCY SERVICES
The response to and attempted capture of injured domestic animals,transport of and
medical aid to animals when needed for stabilization and subsequent sheltering of
animals. Response to potentially rabid small wildlife and domestic pets when
someone is on the scene. Response to aggressive animals or animals that have bitten
and the owner is not available. Hold animals relative to an arrest or accident.
Emergency services shall be provided 24 hours a day, seven days a week.
Emergency and after hour services for any of the following:
a) Severely injured/sick dogs or cats when legal owner
unknown or unavailable.
b) Hold animals relative to an arrest or accident.
4of12
ATTACHMENTI
C) Aggressive/vicious domestic animals when legal
owner unknown or unavailable and reporting party is
standing by.
d) Bite dogs/cats when legal owners are unknown or
unavailable and reporting party is standing by.
e) Potentially rabid animals including small wildlife
when reporting party remains on the scene.
5. PICK UP OF UNLIMITED STRAY, DOMESTIC ANIMALS FROM ONE
DESIGNATED LOCATION
The pick up of UNLIMITED numbers of stray, domestic animals from one
designated location within the contracting City. The City will be responsible for
providing food,water, and the cleaning of designated kennels.
6. FIELD PICK UP OF UNLIMITED DOMESTIC ANIMALS
The response to and pick up of UNLIMITED numbers of stray,confined,domestic
animals. The transport and care of impounded animals at the shelter as described
above. Pick up shall include dogs, cats, other domestic animals during business
hours of operation, including domestic animals dead on arrival.
FIELD SERVICES - defined as follows:
Response of an Animal Control Officer during regular business hours to pick up any
of the following within city limits on an UNLIMITED basis:
1) Confined stray domestic animal pick-up
5of12
y
ATTACHMENT 1
2) Dead stray domestic animal pick-up
3) Owned animal pick-up (fee paid by citizen)
4) Owned dead animal pick up (fee paid by citizen)
5) Euthanasia of owned animals (fee paid by citizen)
6) Transportation to veterinarian of owned animal (fee paid by citizen)
7) Respond to the humane care of injured/sick stray domestic animals by
Good Samaritans. Medical treatment and emergency veterinary care
for stray domestic animals presented to veterinarians by Animal
Services employees and Good Samaritans.
7. CITIZEN COMPLAINTS
The processing of citizen complaints, response to complaints, maintaining
cumulative records, and action taken on complaints including, but not limited to:
barking dogs, leash law violations, animal abandonment, and animal cruelty.
8. NUISANCE ABATEMENT/HEARING& COURT PROCEEDINGS
The recording,filing,investigation,office hearings,issuance of orders to abate,and
processing to court of nuisance abatements through City Attorneys' offices. All
activities involved in the processing of nuisance abatement petitions,investigations,
orders,hearings, including preparation for court proceedings when necessary.
9. FIELD ENFORCEMENT
Processing and performing patrols within a specified area when requested by a citizen
6of12
G_ —d
ATTACHMENT 1
and issuance of citations for violations. The addition of further field enforcement
other than field pick-up as described above,but not limited to: random patrol,patrol
requests, ordinance violation citations, and agency assists.
10. COURT FILINGS & PROCEEDINGS
Filing aggressive, cruelty, or abandonment cases to court with approval of City
Attorneys' office. Collection of incident reports, photographs, etc. Court
appearances and follow up related to these cases.
ANIMAL SERVICES CONTRACT ENFORCEMENT COMMITTEE - There shall be an
Animal Services Contract Enforcement Committee whose responsibility it will be to review and
recommend on all matters of Division policy regarding overall program administration, level and
quality of service,budget, and ordinance development and amendments. This Committee shall be
made up of one representative from each City contracting with the County,one representative from
the County's Veterinarians'Association,one representative of the Highway Patrol,one representative
from Animal Services, and one representative from the County Sheriffs Department. The
Committee shall receive staff support from Animal Services.
COOPERATION-To facilitate the performance of the foregoing functions,it is hereby agreed that
the County shall have the full cooperation and assistance from the City, its officers, agents, and
employees.
EMPLOYEE COMPENSATION AND LIABILITY-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,or any liability other than that provided in the Agreement.
The City shall not be liable for compensation or indemnity to any County employee for injury or
sickness arising out of his/her employment.
INDEMNIFICATION-Nothing in the provisions of the Agreement is intended to create duties or
obligations to,or rights in third parties not party to this contract,or affect the legal liability of either
party to contract,by imposing any standard of care respecting the regulation and enforcement of laws
7of12
ATTACHMENT 1
regarding animals different from the standard of care imposed by law..
It is understood and agreed that neither City,nor any officer or employee thereof is responsible for
any damage or liability occurring by reason of anything done or omitted to be done by the County
under or in connection with any work, authority or jurisdiction delegated to the County under this
Agreement. It is also understood and agreed that pursuant to Government Code 895.4,County shall
defend, indemnify and save harmless the City, all officers and employees from all claims, suits or
actions of every name,kind and description brought forth or on account of injuries to or death of any
person or damage to property resulting from anything done or omitted to be done by the County
under or in connection with any work, authority or jurisdiction delegated to the County under this
Agreement except as otherwise provided by Statute.
Itis understood and agreed that neither County nor any officer or employee thereof,.is responsible for
any damage or liability occurring by reason of anything done or omitted to be done by the City under
or in connection with any work,authority or jurisdiction delegated to the City under this Agreement.
It is also understood and agreed that pursuant to Government Code Section 895.4,City shall defend,
indemnify and save harmless the County,all officers and employees from all claims,suits or actions
of every name,kind and description brought forth on account of injuries to or death of any.person or
damage to property resulting from anything done or omitted to be done by City under connection
with any work, authority or jurisdiction delegated to the City under this Agreement except as
otherwise provided by Statute.
EMPLOYEE STATUS - All persons employed in the performance of the services and functions
specified in"Indemnification" paragraph 2 of this Agreement shall be County employees;no present
City employee shall become a County employee by reason of this Agreement; and no person
employed hereunder shall have any City pension, Civil Service,or any similar status or right. For
this Agreement, and for the sole purpose of giving legal status to the performance of the duties and
responsibilities herein,every County officer and the employee engaged in their performance of any
service hereunder shall,where necessary,be deemed an officer or employee of City while performing
the services for City.
PROSECUTION-It shall be the duty of the City Attorney,exercising the discretion vested in his
8 of 12
Ge �v
ATTACHMENT 1
office,to prosecute violations of the City Animal Ordinance,and take appropriate legal action with
respect to the abatement of any public nuisance involving animals occurring within City's corporate
limits.
TERM AND RENEWAL-This Agreement shall be effective on the 1st day ofJuly 2006,and shall
be subject to termination by either party upon thirty days advance written notice to the other party.
Assuming neither party exercises its right to terminate this Agreement, the Agreement shall
terminate on June 30, 2009.
CITY NOTIFICATION - no later than May lst of each year, each City shall be notified of
proposed changes to current service level charges. The City shall notify the County no later than
July 1 st of their agreement to pay for services. Attachment A reflects the annual costs.
CITY RESPONSIBILITY-City agrees to pay to County for County Services under this contract
the dollar amount as set forth in Attachment A which is attached to the contract and incorporated by
reference.
COUNTY BILLING-County shall bill City quarterly for their contracted services. Billing shall be
submitted at the end of each quarter. City shall remit payment within thirty days of receipt ofbilling.
County and City acknowledge that in performing its contractual obligation,County costs exceed the
amount it receives pursuant to this contract. Therefore, County and City agree that should the
County be eligible for any future State reimbursement pursuant to SB90/Hayden Legislation,the
full amount of any reimbursement shall be forwarded and retained by the County.
MODIFICATION-This contract constitutes the entire understanding of the parties hereto and no
changes, amendments or alterations shall be effective unless in writing and signed by both parties.
ORDINANCE CONFORMITY City agrees to adopt animal control ordinances which conform to
and are not in substantial conflict with Chapter 9 of the San Luis Obispo County Code. Changes and
modifications to City codes may be conducted with the County Division of Animal Service's
consultation before adoption. County Division of Animal Services may also make recommendations
9of12
ef /
f �(
ATTACHMENT 1
to City for changes or modifications to their City ordinance.
BOOKS AND RECORDS- County agrees to keep such books and records and in such form and
manner as County Auditor-Controller shall specify. Said books shall be open for examination by
City at all reasonable times.
NOTICES-Any notice required to be given pursuant to the terms and provisions of this agreement
shall be sent by certified or registered mail to the County at:
San Luis Obispo Sheriffs Department
Animal Services Division
P.O. Box 3760
San Luis Obispo, CA 93403-3760
and to the City at:
City of San Luis Obispo
1042 Walnut St
San Luis Obisop, CA 93401
f
10 of 12
ATTACHMENT 1
IN WITNESS THEREOF, City of San Luis Obispo resolution duly adopted by its City Council
causes this Agreement to be signed by its Mayor and attested by its clerk, and County of San Luis
Obispo by order of the Board of Supervisors causes these presents to be subscribed by Chairman of
said Board and seal of said Board to be affixed hereto attested by clerk of said:
CITY OF SAN LUIS OBISPO ATTEST:
By: By:
Mayor City Clerk
COUNTY OF SAN LUIS OBISPO ATTEST:
By: By:
Chairman,Board of Supervisors Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM,JR.
By:
Deputy County Counsel APPROVED AS TO FORM:
Date: ATHAN P LOWELL
City Attorney
11 of 12
ATTACHMENTI
ATTACHMENT A
SAN LUIS OBISPO COUNTY SHERIFF'S DEPARTMENT
ANIMAL SERVICES DIVISION
AGREEMENT FOR ANIMAL. SERVICES
SAN LUIS OBISPO agrees to pay annually for services:
July 1, 2006 to June 30,2007 $1199179.08
July 1, 2007 to June 30,2008 $144,92850
July 1, 2008 to June 30,2009 $1769241.25
12 of 12
ATTACHMENT 2
RESOLUTION NO. (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A THREE (3)YEAR AGREEMENT WITH THE
COUNTY OF SAN LUIS OBISPO FOR ANIMAL CONTROL SERVICES
FOR FISCAL YEARS 2006-07,2007-08,AND 2008-09
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the Agreement for Animal Control Services with the County of San
Luis Obispo for fiscal years 2006-07, 2007-08, and 2008-09 has been reviewed and approved.
SECTION 2. That the Mayor is hereby authorized to enact the agreement.
Upon motion of , seconded by ,
and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2006.
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonath . owell
City Attorney
tl7lo
R
ATTACHMENT 2
RESOLUTION NO. (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A THREE (3) YEAR AGREEMENT WITH THE
COUNTY OF SAN LUIS OBISPO FOR ANIMAL CONTROL SERVICES
FOR FISCAL YEARS 2006-07, 2007-089 AND 2008-09
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the Agreement for Animal Control Services with the County of San
Luis Obispo for fiscal years 2006-07, 2007-08, and 2008-09 has been reviewed and approved.
SECTION 2. That the Mayor is hereby authorized to enact the agreement.
Upon motion of , seconded by ,
and on the following vote:
AYES`:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2006.
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
R
council m e m o m n d u m
Icity of san lues osis o, aamjtnstriatiort dE aatmEf t
DATE: August 15, 2006 RECEIVED
TO: City Council AUG 15 1006
`
FROM: Deborah Linden, Chief of Police SL0 CITY CLERK� '
VIA: Ken Hampian, CAO
SUBJECT: Additional Information regarding Animal Services Agreement — August 15, 2006
Council Agenda Item C6
Staff has performed an initial review of the County's workload and financial data supporting
their proposed increase for animal services provided to the City, and held follow-up discussions
with County staff. Based on our work so far, the proposed rate increases appear reasonable;
given the revenue and cost situation of the County's animal regulation operation, and their
understandable goal of achieving higher cost recovery for this service.
However;.we have also asked.for follow-up information based on this initial review, and the
i County is cooperating with us in providing it. We do not expect the results to alter the costs
under the proposed contract, but it will provide us with a better understanding of the underlying
factors driving the need for the cost increases. In addition, the police chiefs from the cities that
contract with the county for animal control services have requested regularly scheduled meetings
with county officials to better track the services being provided and to discuss any operational
issues that may arise mid-contract
In summary, while significant cost increases are ahead of us, the contract provides for phasing
these in over three years; and continuing to contract with the County is still our best option in
providing animal regulation services to our community.
A copy of the Significant Operating Program Changes request approved by Council in June 2006
for the increased costs in animal control services is attached to this memo.
Please feel free to contact me or Finance Director Bill Statler with any questions.
COUNCIL gCDD DIR
CAO FIN DIR
ACAO 17� FIRE CHIEF RED FILE
ATTORNEY PW DIR MEETING AGENDA
49CLERK(ORIG POLICE CHF�
13 /
DEPT HEADS REC DIR DA� ITEM #_21J6-! /13 DIR
PHRHR DIR -
.4.a
Council Red File Animal Services 8-15-06
OPERATING PROGRAMS
SIGNIFICANT OPERATING PROGRAM CHANGES
INCREASED COUNTY ANIMAL CONTROL AGREEMENT COSTS
•v 7 t �> ;�,s� vp.--+ y"-''.tr'[.�^:ey+mss ...�..e-",,,^T.� :-T_'„'«.0 -.- r.�ar;'Z.rr-. -.r
'?....,.._. �. cL.i..:4� ..�:�....?..3...:iiL'i`+.5�..:•`7.n• '''�R4 di1`i�...<._ ..5.'_~.c.l_��.re,'„'._.:�>z�u_-_i:.�P'��`C ...°s.. .:a-.:....
Request Summary
' Continuing the agreement with the County for animal control services will cost an additional$15,200 in 2006-07.
Under their multi-year strategy in achieving higher cost recovery,there will be further increases in 2007-08 and
2008-09.
Key Objectives
Maintain comprehensive animal control and regulation services for City residents.
Factors Driving the Request for Change
1. Over the preceding three years, an annual fee increase of 20% has been assessed by the County in order to
comply with the County Board. of Supervisor's stated objective of achieving full cost recovery for animal
control services. However, these increases have not met actual increased costs for services. For fiscal year
2005-06, the County only achieved a cost recovery rate of 31% for services provided to the City (they
subsidized 69%of the actual costs of providing services to the City).
2. In order to achieve their cost recovery goal, thr,';ounty is increasing fees by 17.5% annually for each of the
next three fiscal years. Years two and three will also be subject to an additional 3.5% inflationary increase.
For fiscal year 2006-07,the fees amount to$119,179.08, a 17.5%increase from the 2005-06 contract amount.
3. The County's assessment is based on the amount of services received relative to the City's population. With
this increase in place over the next three years,the County will achieve a cost recovery rate of 92.76%.
_ ? 108 20Q8/t19
2005lOG Ptnsed _ 4'ittesed. PropOSed
trontraat, 2#11 W < tldtrttct Coaaracl Gontraat
' Comra�iServices: Amount Bu' A�awtit.: x4tttotiuf Amount
Animal Control Agreement 101,428 104,000 119,179 144928 176,241
' Although staff recommends appropriating the additional funds for this agreement, the City will participate with
the other cities in the County in reviewing the methodology and assumptions used by the County to calculate the
increased fee.
Alternatives
' The City of San Luis Obispo could assume responsibility for Animal Control services,however,this alternative is
not recommended. The City is not equipped to undertake such a program and lacks staff and facilities to do so.
' Operating Program
Police Administration
i D-17
I
OPERATING
P1 s • 1
SIGNIFICANT OPERATING PROGRAM CHANGES
r
jCost Summary
�,".V�tr•S�_ �';,'.�' 7 �':err„>. 55..,,,, �*{{.���,mc �t'..:;e ��((��]ra`.;5.
Animal Control Agreement 100-80100-7211 15,200
Total Operating Costs 15,200
I
r
r
r
r
C ,
r
r
r
r
r
r
r
r
r
D-18