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HomeMy WebLinkAbout1988-06-21; City Council; 9491; ANIMAL CONTROL SERVICESAB#- TITLE: MTG. 6/21 188 ANIMAL CONTROL SERVICES DEPT. POL Df CI CI *' 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 m w I RESOLUTION NO. 88-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR ANIMAL CONTROL SERVICES WITH THE COUNTY OF SAN DIEGO FOR FISCAL YEAR 1988-89. WHEREAS, the California Government Code codifies that all mur must furnish, independently or through contractual agreements, ani services for the health and welfare of the residents, and WHEREAS, the County of San Diego is offering the most cos program available to the City of Carlsbad at this time; NOW THEREFORE, BE IT RESOLVED by the City Council of t Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby authorizes the City Manage the agreement for animal control services with the Cc Diego for fiscal year 1988-89, Attachment A attached her a part hereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the C Council held on the ziSt day Of June , 1988 by the fol I 1 to wit: 1 AYES: Council Members Lewis, Kulchin, Mamaux, Pettine & Lars j NOES: None ABSENT: N~~~ ATTEST: AL E-tAeiiUT<KiG-J I (SEP,L) I % a AttachrnmA to Resolution No .* AGREEMENT bNIMAL CONTROL SERVICES Jul 1 , 19S8, is made by and between the County of SAN DIEGO, herein THIS AGREEMENT, dated for purposes of reference only, - referred to as "County", and the CITY OF CAR LS BAD hereinafter referred to as "City". WITNESSETH: WHEREAS, The City desires to contract with the County for the perfoi within its boundaries of the hereinafter described animal control ser\ and WHEREAS, The County of San Diego is willing and able to render such sei on the terms and conditions hereinafter set forth; and WHEREAS, this contract is authorized and provided for by the provisic Section 500.4 of Article V of the Charter of the County of San Die! Sections 51300 et seq. of the Government Code. NOW THEREFORE, IT IS AGREED: 1. The County agrees, through the Director of Animal Cont the County of San Diego, to provide animal control services with corporate limits of City to the extent and in the manner hereinaft forth. Such services shall be defined as those duties and functions type coming within the jurisdiction of and customarily rendered Department of Animal Control of the County of San Diego under the Cha said County and the statutes of the State. The level of service provided to City shall be the same basil of service that is and shall be provided during the term of this ag for unincorporated areas of the County of San Diego by the Director of 1 a m .. Control. The Director of Animal Control of the County has discretic determining how the level of service of this contract shall be performc the County. SERVICES DEFINED The Department of Animal Control’s services shall be as fol unless notified in writing of any changes: For Shelter Manasement Services, the County will: a. operate, twenty-four (24) hours-day, seven (7) day week, a holding shelter for the feeding and ca City’s lost, abandoned and impounded animals b. provide public access to shelters during estab‘ business hours, for adoption services, humane dispo! animals, abatement, impound and vicious dog hearing! c. sponsor rabies vaccination clinics; For Field Services, the County will: a. rescue City’s injured animals and reptiles, m b. impound City‘s stray animals and reptiles, c. quarantine City’s biter animals, d. e. investigate City’s reports of vicious dogs; respond to requests for service, and when required, citations wit hi n City ’ s juri sdi ct i on, enforcing 1 oc state laws, f. investigate City’s humane cases, g. return City’s lost dogs to their owners in the fic possible, h. present City’s cases to the District Attorney o Attorney for prosecution of animal related violati( 2 a 8 .- i. investigate and license City's kennels (as define Chapter 6, Division 2, Title 6 of the San Diego Code) Department will provide above Field Serdices for the City twi ,. four (24) hours-day, seven (7) days per week as the need arises o requests for services are made by City residents, in accordance with ad1 response/service priorities and within staffing limits. Department charge Service Hours in accordance to *service billing procedures adopt Department, as approved by the County Auditor and Controller. Animal Cc Field Officers will be available for City services seven (7) days per between the hours of 6:OO A.M. and 1O:OO P.M. At all other times ser will be performed or a stand-by basis. for Licensins Services, the County will: a. maintain a current dog license file of City's lif and delinquent dogs and owners; b. issue new and renewed licenses to City dog 1 applicants; a c. conduct follow-up enforcement of vaccinate( unl i censed City dogs ; d. schedule rabies vaccination clinics for City owners; e. conduct periodic license canvassing programs withir f. manage computer support for department operat il support of services to City. For Medical Services a. maintain on-site veterinarian services for She1 ters ; b. contract for 24-hour emergency medical treatmc 3 a m ’. City’s injured animals; inoculate City animals in care of the Department; c. d. develop rabies control resource information for residents; monitor City’s quarantine biter animals. Such service shall include the enforcement of State statut such municipal animal control ordinance as the City may adopt pursu paragraph 8 of this agreement. e. / Dead animal pick-up services are specifically excluded frc contract. CITY ASSISTANCE 2. To facilitate the performance of said functions, it is agreed that the County shall have full cooperation and assistance fi City, its officers, agents, and employees. 3. For the purpose of performing said functions, Count) furnish and supply all necessary personnel, 1 abor, supervision, equipml supplies necessary to maintain the level of service to be rendered her! 4. All persons employed in the performance of such servic functions for City pursuant to this agreement shall be County employc City employee shall perform services or functions which County is ob to provide under their agreement. All persons employed by the Co perform the services pursuant to this agreement shall be entitled so the rights and privileges given to County employees and shall entitled, as a result of providing services pursuant to this agreem any additional rights and privileges given to City employees. For the purpose of performing Animal Control services and fi under this agreement, and for the purpose of giving official status 4 a m r. performance thereof where necessary, every County officer and emplc engaged in the performance of any service hereunder shall be deemed to bl agent of City while performing services for City, which services are wi the scope of this agreement and are purely municipal functi Notwithstanding the agency relationship created by this paragraph, the shall not be liable for any act or omission of any County officer or empl unless otherwise specifically provided elsewhere in this agreement. RESPONSIBILITY FOR EHPLOYEES 5. City shall not be liable for the direct payment of salaries, wages, or other compensation to any County personnel perfoi services hereunder for County or any liability other than that provide1 in this agreement. Except as herein otherwise specified, the City shall not be 7 for compensation or indemnity to any County employee for injury or sic or other claims arising out of his or her employment. MUTUAL INDEMNIFICATION 6. County shall defend, indemnify, protect, and hold City an agents, officers and employees harmless from and against any and all c asserted or liability established for damages or injuries to any per5 property, including injury to County’s employees, agents or officers arise from or are connected with or are caused or claimed to be caused I acts or omissions of County, and its agents, officers or employee performing the agreement or services herein; provided, however, that Co duty to indemnify and hold harmless shall not include any claims or lia arising from the misconduct of the City its agents, officers or empl County employees performing animal control functions as City agents pu to Section 4 of this agreement shall not be City agents for purposes c 5 a m exclusion from the County’s duty to indemnify City. City shall defend, indemnify, protect, and hold County an1 agents, officers and employees harmless from and against any and all c asserted or liability established for damages or injuries to any pers property, including injury to City’s employees, agents or officers arise from or are connected with or are caused or claimed to be caused t acts or omissions of City, and its agents, officers or employee performing the agreement or services herein; provided, however,. that I duty to indemnify and hold harmless shall not include any claims or lia arising from the misconduct of the County its agents, officers or ernplo. PROSECUTION 7. This Basic Agreement shall not impose upon the Di Attorney of the County or the County Counsel obligation to pro violations of the City Municipal Code other than such obligation as I imposed by law. The City may prosecute violations of the City Municipa and cooperate in giving the Department of Animal Control opinions and with respect to the enforcement of such City ordinances. TERMINATION CAUSED BY CHAPTER 6 8. Notwithstanding anything to the contrary herein cont this contract shall be terminated at any time that City fails to enact maintain in full force and effect, including the amount of fees provid ordinance identical to, or adopts by reference the provisions of Chap Division 2, Title 6 of the San Diego County Code, unless any deviatic specifically agreed to by the County Director of Animal Control (Sar County Animal Control Ordinance No. 7182). This contract shall a terminated if the County requests that the City enact amendments t ordinance to comply with amendments to Chapter 6, Division 2, Title 6 6 m m San Diego Code adopted by the Board of Supervisors and such amendments not made within 120 days of this request. PAYUENT OF FULL COST 9. For and in consideration of animal control services by Cou City agrees that it shall pay the full cost to the County of providing services at rates determined by the County of San Diego and established u Item #11 herein. City further agrees that County may keep and retain any all license and other fees specified in the Animal Control Services Resolution collected by the County pursuant to this agreement, and Cc agrees to credit such collections against City's obligation to pay the cost of animal control services. The County agrees, through the Department of Animal Contro provide within 30 days of adoption of this agreement and, on or bE January 15th of each year thereafter, an estimate of the total costs revenue and resulting net charges for all animal control services t provided to the City for the following fiscal year. BILLING FOR SERVICES City will be billed four times during the fiscal year: after fourth ARMS period, the seventh ARMS period, the tenth ARMS period an( thirteenth ARMS period. An ARMS period is one of the thirteen intervals, each being four-weeks except for the 1st and 13th in each f year, used by County in its Accounting and Resource Management System (A On or before twenty (20) working days following the close of each bi period, the County shall provide City an invoice for the amount due. Should the amount of actual revenues collected exceed the est1 amounts the County shall adjust the difference as part of the final bill 7 0 m I. 1. CITY POWERS It is agreed that in performing the services pursuant to agreement, the County shall have all the powers of the City and shall rei all cooperation possible from City to enable efficient enforcement of ordinances as specified in Paragraph 8 of this agreement and to effec col 1 ect i ons call ed for thereunder. EFFECTIVE PERIOD 10. This contract shall become effective on the date herein first mentioned and shall run for a period ending June 30, 1989 , a the option of the City Council of the City, with the consent of the Boa Supervisors of County, shall be renewable thereafter for an additional p of not to exceed five (5) years. In event the City desires to renew this agreement for an addil period not to exceed five-years, the City Council shall not later May 1, 1989 , notify the Board of Supervisors of County that it wist renew the same, whereupon the Board of Supervisors, not later June 15, 1989 shall notify the City Council in writing o willingness to accept such renewal. Otherwise, such agreement shall f terminate at the end of the aforedescribed period. GENERAL TERMINATION The County or City may terminate this agreement as of the fir of July of any year provided that notice of intent to terminatt agreement is provided in writing to the other party at least 30 days pr date of termination. RATES 11. City agrees that whenever animals or persons from witb boundaries of the City are accorded Animal Control Services by COL 8 a w ). described in paragraph one of this agreeement, the City shall pay the cost for the services to said persons or for said animals. City agree make the following payment for 1988-89: $ 70,012 plus an amount I to the prorata share of salary increases approved by the Board of Superv for Fiscal Year 1988-89. Should the actual net cost differ from estimate, the billing in the year following the year after the fiscal yel which the services were delivered shall. be adjusted to either credit or 1 CITY for the difference. RESTRICTIONS BY SECTION 23008 All services rendered hereunder are subject to the limitatio the provisions of Section 23008 of the Government Code, and in accor therewith, before any services are rendered pursuant hereto, an amount to one-hundred ten percent (110%) the estimated annual net charges sh: budgeted by the City from its funds to ensure payment for work, servic materials provided hereunder. PROVISION FOR INVOICE AND BILLING 13. The County through its Department of Animal Control render to said City within twenty (20) working days after the close o billing period an itemized invoice which covers all services performed said billing period, and said City shall pay County therefore within (30) days of receipt of the invoice. If such payments provided above and in Section 9 of this cc are not delivered to the County office which is described on said ir within thirty (30) days of the date of receipt of the invoice, the Coi entitled to recover interest thereon. Interest shall be cal cul ated rate of seven (7) percent per annum on any unpaid portion thereof calf from the last day of the month in which the services were performed. 9 a w 14. If such payments are not delivered to the County office is described on said invoice within thirty (30) days of the date of re of the invoice, the County may satisfy such indebtedness, including int thereon, from any funds of the City on deposit with the County without F further notice to City of County’s intention to do so. RECORD KEEPING 15. The County agrees to keep separate records for each Ci such form and manner as the County Auditor & Controller shall specify. records evidencing services to City shall be open for examination and by said City during all business hours. HUMANE AND SANITARY CONDITIONS 16. The County agrees to maintain its kennels and animal s in a humane manner and keep said premises in a sanitary condition i times and that all services furnished by it hereunder shall be in acco with the laws of the State of California and that it will give the pres notices and use humane methods of care and destruction of any animal under its jurisdiction. i NOTICE REGARDING RESEARCH ANIMALS 17. The County agrees to continue its existing practice providing animals from the North County Shelter to UCSD for research pi and agrees to give City advance notice of any change in that practice. clause shall not require the County to breach any agreement with U( provision of animals. ) 10 a w I. ,- IN WITNESS WHEREOF, the City of CARLSBAD , by order c City Council, caused this agreement to be signed by its City Manager, ar County of San Diego, by order of its Board of Supervisors, has caused agreement to be signed by the Clerk of the Board and the seal of said to be affixed thereto. COUNTY OF SAN DIEGO BY e Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM: County Counsel BY Deputy 11 E> m m MaUHtQ of %an piego NORMAN W HICKEY ChlEF ADMINISTRATIbE OFFICER 1679: 531 6226 CHIEF AD M I N iSTRATlVE OFF ICE (Locarton Code 730) 1600 PACIFIC HIGHWAY SAN DlEGO CALIFORNIA 92101 2472 May 16, 1988 Ray Patchett City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: 1988-89 ANIMAL CONTROL SERVICES CONTRACT Dear Mr. Patchett: Please find attached the proposed contract for animal control services I 1988-89 (or additional years up to five total, should your city choose). order to expedite the process, I am sending the draft proposed contract you concurrent with sending it to County Counsel and our Auditor a Controller's office for review. Please understand that the County's bud( cycle dictates that certain deadlines must be met and that final decisic will not be made on our budget until at least late June. In order provide you with firm estimates for the 1988-89 contract, we have relied your city's experience in the past eighteen months. The types of services remain essentially those available in 1987-88. increase in certain levels of service has been proposed, specifically the revenue generation areas of license processing and canvassing 4 vicious dog and quarantine enforcement. The other major known cost incre is for external overhead charges (A-87). Also, rather than billing for number of units used in an ARMS period, we are proposing a fixed paym for 1988-89 (except for salary increases) for services. Any differen between the estimates provided herein (i.e. payments made in 1988-89) the actual net costs will be adjusted for in the 1990-91 billings. As was promised, we continually review our process and improve wh appropriate. As a result of this, this contract includes a new bill system. This is in response to input from several cities and our own sta While our current system of collecting actual service data is adequate meet the needs of identifying and billing for service activity, most cit found the method awkward from a budget or fiscal planning perspective. period-to-period variations in service hours, impounds and 1 icensing led misunderstandings. The proposed new method eliminates these problems. Tf proposed 1988-89 payments are firm, except for an adjustment for sal increases. -1- a m City Manager -2- May 16, 198 Billings will be in four installments, not the thirteen we have now. W will, however, send yo2 progress reports covering services provided in yov jurisdiction on an ARMS period basis. This would be similar to what P provide now, but without the billing. The proposed payments are based upon the level of services provided in yo1 city over the last 18 months (the period for which we have detailed recorc of service by jurisdiction). Added to this base is the proportional share of additional external costs. EXTERNAL COSTS While final A-87 overhead rates will not be calculated until the 1988- budget is adopted, a fair estimate can be made at this time. This estima is included in the price quoted herein for our services. Adjustments wi be made in subsequent fiscal years. Total 1988-89 departmental extern cost allocation is $1,456,319. This is $254,040 more than the allocati used in the 1987-88 billings. The cities' share of the increase $199,791. Your city's proportionate share of that increase is included the annual rate provided. PROGRAM ENHANCEMENTS The bulk of the proposed increases in the department's budget are to fu7 staff the license processing and canvassing activities. While 13 sta years for licensing are proposed for 1988-89, they were funded in part 1987-88 out of overtime and extra-help funds and don't represent a tota new cost. Ten staff years are proposed for Field Officers for vicious dog I quarantine enforcement. These are new staff years. These functions hi been understaffed for too long. The other new positions are for a C Contract Liaison at the Captain level, and an additional Kennel Officer each shelter. In most cases, these activities will generate additiol program revenues in 1988-89 and enlarge the base for future revenues. of this date, the enhancements are not included in the department's ro over budget, are still under discussion by the Chief Administrat Officer, and have not been approved by the Board. CHAIY6ES IN CONTRACT TERMS The attached proposed contract has been changed to provide for the costing and billing procedure. New language is presented in BOLD CAPITALIZED. Obsolete language has been removed, I believe that this contract with its stream1 ined costing and billing procedure will el imir many of the concerns raised in the first year of the full cost recovery contract. Please contact the Director of Animal Control, Sally B. Haz; (531-6041), or Mike Shontz (531-6038) with any conments and questions 1 you have. a v City Manager -3- May 16, 1988 TIMETABLE FOR CONTRACT APPROVAL Given that the contract differs from the existing one in only a few are the need for a series of group meetings similar to what we had last j does not appear needed. What we suggest is that individual cities contac. regarding their questions, concerns, etc. and schedule individual meetingi needed. Should, possibly in the case of the liability language issue single subject of broad concern be identified, a group meeting will scheduled. TENTATWE TIMETABLE May 9-13 May 16-20 - distribution of Counsel comments and City/County s May 23-27 - final discussions and preparation of final documents May 30-June 3 - docketing contracts with City Councils. June 6-10 > June 13-17 - > Council review and approval June 20-24 > June 27-July 1 - docket contracts with Board of Supervisors July 4-8 - rev i ew July 11-15 - Board of Supervisors approval The above timetable is dependent upon your city’s unique review proces! the ability of legal counsels to expeditiously review the language. 1 subject to amendment and your input is appreciated. Sincerely, , - distribution of draft to cities and County Counsel discussions. - - ,” / I’ / \- L. ;,ifE’ G- (c Norman W: Hickey _x Chief Administrative Officer NWH : MS cc: L. Sheehan, DCAO S.B. Hazzard, DAC a 1 CARLSBAD CITY COUNCIL JUNE 21, 1988 #6 Consent Calendar Animal Control Semric Remarks: Hnery D. Thompsoni 330 Chestnut Ave, Carlsbad, Last year the Council approved the contractwith San Diego County with an added provis;lon that no animals impounded from Carlsbad would be sold or given away for research purposes. -- ( A practice known as "Pound Seieure"$. A$ that tine Jan Williams and Nary Ann Melvin of the Animal Welf Coalition appeared before you and ably presented data and urged you to add this wndition to the contract, You did so immediatela I am.wrry to aftate that Jan Williams, a very cabable and vibrax young person has moved from the dty and that Ns. Melvin its una1 to appear tonigEkt because of prior cx>mmitmente. Therefore unlestr t;hene are other friends of animals, in the audience who miah to speak on their behalf, it is up to me, I am pleased to report to you thiat only five sf the f%fYiY eight c~ou%ies in California now allom the eale ofHmpounded animals f reaeara San DiePo Countj is one of the five +that still. does, P impounded anima1.s for resear&, I will spare you the gruesome d and atati.s,ticrs, as to whr %&e overwhelmin& majority of people 3.r California and almost every bmnane society and amiinal welfare organization in the United States opposes the practice of - pounc seizure, However, if youl w.ish I will he happy tQ discuss the r as almost every week new material is received on the subject. I again urge you to inc;zorporate in the County Contmract under d %he provisdon that fzo animala impounded from Carlsbad will be or given for ani.1~~1 research - o I would alw like to comment on the City*s discusfixion with the Oaeazmide Humane Sodety regarding perfow the animal aonti function for Carlsbad. LUhou& a Lifetime member of the societx, X speak only in an individual capacrity. 3 have aerved on tkze board of another pr hwmane society and worked as a volunteer in the operation of animal shelter. !Bmre is no humane society in Carlsbad,, as the San Diego Ani Contsol Faciltg is not a humam- society, It only performs ar aantrol dutiea, a w 2. CARLSBAD CITY COmCIL Jwe 21, 1988 Tb OWanaAde Humane SocxLet~ by wntrash perfom the dual pur of aninml control for the city of OaeansAde and a private hwna RoCietg, Oa.eanSi.de Humane Society does not elk or give amy a animals for research purposes. Ocsanside Wunane Society ia in %he process of e&ahlishing itg Law8 Gost neuter and spay program on the pmmiaes, Edo& people have studied t&e problem, and even San. Diego * . County Ani Control, agree 'that nmtering and spaying is the key to the an overpopulation problem from both a humane and an economic: viem The County of San Diego mntract provides for review of the rf crf the Falomar Animal Control Facility, bv the &ty of Carlsb: J auggest that thiia be done for the past fiscal year and the I : *, tto indude: 1. The dollar amount and number of limnaes issued in Carlsbac 2. Th number of aninala impounded or turned in from Carlshad 3,. The number of animals impounded or turned in from Carlabad we re de at roye d o 4. The aumber of animals impounded or turned in from Carlsbad were returned to %he owners or were adopted by new ownerss 5. Tim nmber of animal abuse or other complaints responded t Cazlsbd, 6. !?!he numher and nature of crritizen - *-=e--.=,=- complaints -% +..-_ s-LLu--Lp- Jcecrreiued. again 7. !&EI xpunber: of a,.n;lmals impounde ed %n from Carlsbad Tb above data plus information to be obtained from Ocesnside SocAety would provide a sCarting point for evaluating whether San Diego County Animal Control is_ the moat efficient contrac provide snirna2. control ;in Carlsbad, from both a co8t hznd a h~ &%andpoint, Ocean&j.de Hwnane Society is supparted by private to the Swiety and by funds received from the city of Oceansrd animal control serkices, u Carlshad residents are members Soeiety and contribute funda and services to its operation, Tbe Society keeps, imBounded or turned in animals until adopt! Elaimed W owners, aub ject to space constraints, On oacarsion tAzmfer8 aturplus, animals to other humane societys, As, a Las fit destroys anhala in tbe most humane way born at this Z;im animal control facility,ar ita employees, w>ere sold or given away for researoh purpos-es. a m C.ARLSBAD CITY COUNCIL 3. JUNE 21, 1988 San Diego County Animal Control policy is to keep animals tihl to five days-#. If not adopetd or reclaimed after that time it destroys them OJ: sielJLs ar gives turn away for research purpoE TMre are posted afgm, at the facilities atating. that ani mal^ ceaefoed may be used for research purposes. Amdl eontrol work and hnmnne society operation ha a hard a traumati@ funcaion at best. The queation is what is best fbr City of Carlsbad, taking in wnsibration that a majority of aitizens , I believe,would opt for the most; humane treatment possible for iits animals. Th& xou for your attention, m ything ion necessarily have their the situation at the North County 1 days free), and we were told that Animal Shelter. That such a place carries the’ rubric “shelter’: is a’ perversion of the label “humane” generally attached to these insti- tutions; and abide from the word “rude” receiving new possibilities at this tax-funded facility on Palo- listened to a man try and argue friend‘s dogs out of captivity; t Six people, then, left the of3 all wanting to provide homes - lives - for animals, and all being denied the opportunity to do so. d have been, by that merited to the behind the counter that I ’ the next “customer.” on two occasions now to adopt an This is your page animal; both times we have been rebuffed, not for lack oi’ saveable furkovered flesh, but for what we have been told is “policy.” On our first attempt, we saw any number of creatures that would do nicely at our house, but we missedxthe tt adoption; hours:’ altogether Saturday 9:30 to We encourage readers to Box 248 comment on topics of local brought Rooseve s must be signed and Ourdi the city in which the for Wed esides. Please include a.m. \? Id be mailed to P.0, vidual v - P+--GS%*Q - *’