HomeMy WebLinkAbout2017-12-05; City Council; ; Adopt a Resolution authorizing the City Manager to execute the Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2017-18 contract with the County of San Diego for animal control servicesNext Steps
If council adopts the resolution, the City Manager will execute the agreement and the County
will continue to provide animal control services to the City of Carlsbad through June 30, 2018.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore, does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
at least 72 hours prior to the meeting date.
Exhibits
1.A Resolution approving a joint operating and financial plan between the City of
Carlsbad, California and the County of San Diego for animal control services
2.Agreement between the City of Carlsbad and County of San Diego for Animal Control
Services {2013-2018}.
December 5, 2017 Item #5 Page 2 of 19
RESOLUTION NO. 2017-224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A JOINT OPERATING AND FINANCIAL PLAN
BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND THE COUNTY OF
SAN DIEGO FOR ANIMAL CONTROL SERVICES
WHEREAS, animal control services have been provided to the City of Carlsbad by the County of
San Diego Department of Animal Services; and
WHEREAS, the most recent agreement is effective through June 30, 2018; and
WHEREAS, the County of San Diego Department of Animal Services prepares a Joint Operating
and Financial Plan annually for the services to be provided for Fiscal Year 2017-18; and
WHEREAS, it is necessary and desirable to continue providing animal control services for the
City of Carlsbad through the County of San Diego Department of Animal Services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Manager of the City of Carlsbad is hereby authorized and directed to
execute the Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2017-18
agreement for and on behalf of the City of Carlsbad, California.
3. That the Agreement between the City of Carlsbad and the County of San Diego for
Animal Control Services, entered into on September 25, 2012 is hereby amended to include
Attachment B Contract Animal Control Services Program Joint Operating and Financial Plan Fiscal Year
2017-18 as an exhibit thereto.
II
II
December 5, 2017 Item #5 Page 3 of 19
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the _2.!h day of December, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
(SEAL)
December 5, 2017 Item #5 Page 4 of 19
ATTACHMENT B
City of Carlsbad
Contract Animal Control Services Program
Joint Operating and Financial Plan
Fiscal Year 2017-18
This Joint Operating and Financial Plan made and agreed to for the period
beginning July 1, 2017 and ending June 30, 2018, by and between the City of Carlsbad
and the County of San Diego shall become a part of the Agreement between said parties.
The County of San Diego shall provide animal control services to the City of
Carlsbad as specified in Sections 3 through 5 of the Agreement. The gross cost of
providing animal control services to Carlsbad for fiscal year 2017-18 shall be $865,444.
The County shall collect license and other fees, as specified under the County's Animal
Services Fee Resolution within City of Carlsbad. For fiscal year 2017-18, the estimated
revenue amount to be collected within City of Carlsbad is $161,797. After deducting
estimated revenues from gross cost, the City of Carlsbad shall pay County the net amount
of $709,697, which includes the amount of $6,050.00 to finance the spay/neuter program
as provided for in Sections 6 and 8 of the Agreement. The City of Carlsbad shall pay
County in quarterly payments as specified in Section 6, paragraph 5 of the Agreement.
As approved:
CITY OF CARLSBAD
Approved as to form and legality
By: 11v'-a~
City Attorney 1
COUNTY OF SAN DIEGO
By: _,
Director of Animal Se :vi es
Approved as to form and legality
County Counsel
By:_/ll,'----'-------"/;;___,,_y'_/ --
'senior Deputy
3. The tenn "Fiscal Year" means the 12-month period beginning on July 1
and ending the following year on June 30.
4. The term "Population" means the State Department of Finance's estimate
of each jurisdiction's most recent January population.
5. The term "Requests for Service" means specific requests from CITY
representatives or individual residents of the CITY for action or response by an Animal
Control Field Officer, as well as actions by Animal Control Officers to enforce animal
related laws based on the observations of Animal Control Officers.
6. The tenn "on•site veterinarian services" means emergency triage care; the
diagnosis and treatment of acute injuries and illnesses; the treatment of chronic illnesses
and injuries to the extent that the animals are kept comfortable; the prescribing of
analgesics to alleviate pain; and the spaying and neutering of adoption animals.
7. The tenn "dangerous dog" has the same meaning as the term is defined
under section 62.601 of the San Diego County Code of Regulatory Ordinances.
SECTION3
SCOPE OF SERVICE
1. COUNTY, through ANIMAL SERVICES, shall provide general animal .
control services within the corporate limits of CITY to the extent and in the manner
hereinafter set forth.
2. Such services shall be defined as those duties and functions of the type
coming within the jurisdiction of and customarily rendered by ANIMAL SERVICES
under the County of San Diego Code of Regulatory Ordinances and the statutes of the
State of California. In providing services to CITY, COUNTY shall make its best efforts
to achieve service responses/service goals as defined in Section 5. The Director shall
have discretion in determining how the level of service shall be achieved by COUNTY.
CITY may provide input to the Director on the manner in which services are provided to
CITY.
SECTION 4
LEVELS OF SERVICES
1. ANIMAL SERVICES shall provide the following animal control services,
unless the parties to this Agreement agree in writing to any changes in the provision of
such services:
A. Shelter Management Services:
(1) Operate, 24 hours per day, seven days per week, a holding shelter for the
feeding and care ofCITY's lost, abandoned and impounded animals. COUNTY will
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operate three holding shelters within the County of San Diego. One shelter will be
located in the north San Diego County region and another shelter will be located in the
south San Diego County region. COUNTY may, in its discretion, open additional
holding shelters to meet future animal control shelter needs. At the Director's discretion,
the shelter nearest to CITY shall provide for the feeding and care of CITY's lost
abandoned and impounded animals. If extraordinary circumstances arise that require the
placement of CITY animals in a shelter other than a shelter nearest to CITY, COUNTY
shall notify CITY of this fact. The shelters shall maintain on-site veterinarian services.
(2) COUNTY shall maintain its shelters in a humane manner and shall keep
its shelters in a sanitary condition at all times. All services furnished by the COUNTY's
shelters shall be provided in accordance with applicable state and local laws. COUNTY
shall use humane methods in the care and disposition of any animal coming under its
jurisdiction.
(3) COUNTY shall provide public access to shelters a minimum of 5 days
per week (40 hours per week), which shall include at least one weekend day, for
adoption services, humane euthanasia of animals, public nuisance hearings, general
impoundment and dangerous dog hearings. In establishing the days and times for public
access to shelters, the public interest and customer service shall be a primary
consideration.
B. Field Services:
COUNTY will provide the following Field Services for CITY:
( 1) rescue injured animals and reptiles in CITY;
(2) pickup and impound stray animals and reptiles in CITY;
(3) quarantine biter animals that are in CITY;
(4) investigate reports of dangerous dogs in CITY;
(5) respond to requests for service and, when required, issue citations for
violations oflocal and state laws that occur within CITY'S jurisdiction;
(6) investigate matters that occur within CITY's jurisdiction regarding cruelty
or neglect to animals;
(7) return lost dogs found in CITY to their owners in the field, if possible;
(8) present cases involving violations of animal-related laws that occur in
CITY to the District Attorney or City Attorney for prosecution; and
(9) investigate and license kennels (as defined in San Diego Code of
Regulatory Ordinances, section 62.601) located in CITY.
C. Licensing Services:
( 1) maintain files of dog licenses and dog licenses that have expired and the
owners of these dogs who live in CITY's jurisdiction;
(2) issue new and renewed licenses to dog license applicants within CITY's
jurisdiction;
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December 5, 2017 Item #5 Page 9 of 19
laws, orders, or as a result of events such as public enemies, fires, earthquakes, floods,
strikes or other labor disturbances of COUNTY or CITY, or other cause beyond its
reasonable control that could not have been prevented by reasonable precautions, and,
except as set forth herein, such nonperformance shall not be a default hereunder or a
ground for termination. If COUNTY'S cost of providing services to CITY decreases as a
result of the above, CITY may be entitled to a proportionate reduction in the cost of
services for the period of time in which services were not provided.
SECTION 5
SERVICE RESPONSES/SERVICE GOALS
1. COUNTY shall make its best effort to respond to Priority 1 calls within
one hour. Priority l caUs are defined in Attachment A.
2. COUNTY shall make its best effort to respond with a minimum of 85%
efficiency to Priority 2, 3 and 4 calls within 12, 24 and 72 hours respectively. Priority 2,
3 and 4 calls are defined in Attachment A.
3. COUNTY shall make its best effort to increase the percentage of animals
that are claimed by their owners and to increase the percentage of animals that are
adopted.
4. COUNTY shall make its best effort to decrease the percentage of animals
that are euthanized.
5. COUNTY shall make its best effort with assistance from the CITY to
increase the per capita rate of licensed dogs.
6. COUNTY shall make its best effort to increase the percentage of licensed
dogs that are altered each fiscal year.
7. COUNTY shall make its best effort to ensure that all alterable animals are
spayed or neutered prior to adoption from COUNTY shelters.
SECTION 6
JOINT OPERA TING AND FINANCIAL PLAN
1. Tluoughout the term of this Agreement, CITY and COUNTY shall, on a
fiscal year basis, prepare a written Joint Operating and Financial Plan for the services to
be provided under Sections 3 through 4. The Joint Operating and Financial Plan shall
state the total gross cost, estimated revenues and the net cost for the services specified
under Sections 3 through 4. The gross cost, estimated revenues and net cost shall be
calculated according to paragraphs 2 and 3 of Section 6. CITY shall pay COUNTY the
net cost for animal control services provided under this Agreement. The annual written
Joint Operating and Financial Plans shall be approved by CITY and COUNTY prior to
the beginning of each fiscal year and shall be effective for the applicable fiscal year. The
annual Joint Operating and Financial Plan shall be made a part of this Agreement as
Attachment B. Successive annual Joint Operating and Financial Plans shall supercede
and replace the preceding Joint Operating and Financial Plans. By February l of each
fiscal year, COUNTY shall provide CITY a preliminary estimate for the next fiscal year
of the gross cost, estimated revenues and net cost for animal control services for the next
fiscal year.
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December 5, 2017 Item #5 Page 11 of 19
2. COUNTY shall calculate on a fiscal year basis the gross cost of providing
animal control services to CITY using the 50/50 Costing Methodology as follows:
COUNTY shall determine its budgeted fiscal year totaJ cost to provide animal control
services to its entire service area, excluding overhead costs that COUNTY would
otherwise incur regardless of whether COUNTY provides services to the contract cities.
The budgeted fiscal year total cost shall include those indirect costs specified in Federal
Circular A-87. One-half of CITY'S gross cost shall be determined by CITY'S
proportionate share of ANIMAL SERVICE's total service area population multiplied by
one-half of the budgeted fiscal year total cost. The remaining 50% of the gross cost will
be calculated based upon CITY'S proportionate share of the prior year's total requests
for service received by ANIMAL SERVICES from its entire service area multiplied by
one-half of the budgeted fiscal year total cost.
3. COUNTY shall receive and collect throughout the term of this
Agreement license and other fees specified under COUNTY'S Animal Control Services
Fee Resolution that are paid by residents of CITY. COUNTY will calculate on an
annual basis an estimate of the actual amounts expected to be received and collected by
COUNTY as payment of license and other fees by residents of CITY. COUNTY shall
subtract from the annual gross cost the annual estimated revenues collected within CITY
to arrive at an annual net cost. CITY will pay COUNTY the annual net cost for
providing animal control services as stated in the annual Joint Operating and Financial
Plan. Spay/Neuter Deposit Forfeiture Account funds will be excluded from this
calculation and will be allocated according to State law. Any amounts that may be
retained by private persons and private and non-profit entities for processing or issuing
licenses or for marketing ANIMAL SERVICES' programs and services under Section 4,
subdivision F shall be excluded from the calculation of estimated or actual revenues.
4. If at the end of the fiscal year, COUNTY does not collect the annual
estimated amount of revenues, CITY shall pay COUNTY the difference between the
actual annual amount of revenues collected and the annual estimated amowit of revenues
within 60 days of written notice of deficiency of revenues from COUNTY. If COUNTY
collects revenues in excess of the estimated amount of revenues, COUNTY will refund
the excess revenues to CITY within 60 days of written notice of surplus. COUNTY shall
provide written notice of surplus or deficiency to CITY within 30 days after the end of
each fiscal year. Upon receipt of written notice, CITY may instruct COUNTY to apply
excess revenues against future gross cost.
5. CITY shall pay the net cost to COUNTY by making quarterly payments of
the total net cost per fiscal year for animal control services rendered pursuant to this
Agreement and the approved Joint Operating and Financial Plan.-Such payments shall be
made by July 15, October 15, January 15 and April 15. Failure to provide payment by
the due date shall relieve ANIMAL SERVICES of its obligations to provide animal
control services to CITY. COUNTY shall send CITY an invoice for animal control
services 30 days before the quarterly due dates for payment.
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December 5, 2017 Item #5 Page 12 of 19
6. If payments provided for in Section 6 are not delivered to COUNTY
within 45 days of the due date for payment, as stated in paragraph 5 above, COUNTY is
entitled to recover interest thereon. Interest shall be calculated at the rate of 10% per
annum on any unpaid portion thereof calculated from the last day of the month in which
the services were performed.
7. If such payments are not delivered to COUNTY office at the address listed
below within 45 days of the due date for payment, COUNTY may offset such
indebtedness, including interest thereon, from property tax funds of CITY on deposit with
COUNTY in accordance with Government Code 907, as may be amended from time to
time.
COUNTY OF SAN DIEGO
DEPARTMENT OF ANIMAL SERVICES
5480 GAINES STREET
SAN DIEGO, CA 92110
8. Failure by COUNTY and/or CITY to approve the annual Joint Operating
and Financial Plan prior to the beginning of the fiscal year (July 1), is grounds for
termination of this Agreement. Such termination shall be under the same terms and
conditions as Section 12, "Termination For Convenience." As such, COUNTY shall
continue to provide animal control services for one fiscal year ending the following June
30 under the terms of this Agreement and the last approved Joint Operating and Financial
Plan. CITY shall pay COUNTY for animal control services rendered under the terms of
this Agreement and the last approved Joint Operating and Financial Plan through the
effective date of the termination.
SECTION 7
RECORD KEEPING
I. COUNTY shall keep separate records for CITY in such form and manner
as the County Auditor & Controller shall specify. COUNTY shall give CITY, at a
minimwn, monthly reports of information including impounds, claims, dog licenses sold
for altered/unaJtered dogs, revenues, requests for services, adoptions and animals
euthanized from CITY. The monthly report shall include CITY and regional
information.
2. All non-confidential records maintained by COUNTY evidencing animal
control services provided to CITY shall be open for copying, examination and audit by
CITY during all business hours. COUNTY shall retain these records for a minimum of
three years.
7 I[) December 5, 2017 Item #5 Page 13 of 19
SECTION 8
SPAY/NEUTER PROGRAM
1. COUNTY and CITY shall establish a spay/neuter program for CITY. To
finance the spay/neuter program, COUNTY, at the sole discretion of the Director, will
allocate an amount equivalent to 5% of all license fee revenues collected by COUNTY
for deposit into a separate trust fund account ("Spay/Neuter Surcharge Trust Fund").
Funds deposited into or expenditures made from the Spay/Neuter Surcharge Trust Fund
shall not be considered in calculating estimated revenues or costs under Section 6.
2. Funds deposited in the Spay/Neuter Surcharge Trust Fund may be used
only for encouraging the spaying or neutering of pets owned by residents of CITY.
COUNTY shall operate a spay/neuter program or contract with a responsible provider to
operate a spay/neuter program for the direct benefit of CITY'S residents. COUNTY and
the CITY, with recommendations from the Ad Hoc Committee, as described in Section
13, shall determine how the portion of Spay/Neuter Trust Funds contributed by residents
of CITY shall be allocated.
SECTION 9
CITY ASSISTANCE
1. In performing the services pursuant to this Agreement, COUNTY shall
have all the powers of CITY and shall receive all cooperation possible from CITY, its
officers, agents and employees to enable efficient enforcement of such local and state
laws as specified in this Agreement and to effectuate collections called for hereunder.
2. For the purpose of performing animal control services under this
Agreement, COUNTY shall furnish and supply all necessary persoMel, labor,
supervision, equipment and supplies necessary to maintain the level of service to be
rendered hereunder. COUNTY will notify CITY of any changes in ANIMAL
SERVICE'S executive staff.
3. All persons employed in the performance of such services and functions
for CITY pursuant to this Agreement shall be COUNTY employees. No CITY
employees shall perform services or functions that COUNTY is obligated to provide
under this Agreement. All persons employed by COUNTY to perform the services
pursuant to this Agreement shall be entitled solely to the rights and privileges given to
COUNTY employees and shall not be entitled, as a result of providing services pursuant
to this Agreement, to any additional rights and privileges given to CITY employees.
4. COUNTY is an independent contractor, and no agency relationship, either
expressed or implied, is created by the execution of this Agreement.
8 ( (
December 5, 2017 Item #5 Page 14 of 19
concurrent acts or omissions of COUNTY and CITY. Joint defense counsel shall
be selected by mutual agreement of COUNTY and CITY. COUNTY and CITY
shall share the costs of such joint defense and any agreed settlement in equal
amounts, except as provided in paragraph S below. COUNTY and CITY further
agree that neither party may bind the other to a settlement agreement without the
written consent of both COUNTY and CITY.
5. Where a trial verdict or arbitration award allocates or determines the
comparative fault of the parties, COUNTY and CITY may seek reimbursement
and/or reallocation of defense costs, settlement payments, judgments and awards,
consistent with such comparative fault.
SECTION 11
TERMINATION
1. Notwithstanding anything to the contrary herein contained, this
Agreement shall be tenninated at any time that CITY fails to enact or adopt by reference
and to maintain in full force and effect, including the amount of fees provided in the
COUNTY's most current fee resolution, an ordinance identical to the provisions of
Chapter 6 and 7, Division 2, Title 6 of the San Diego County Code of Regulatory
Ordinances, unless any deviations are specifically agreed to by the Director. This
Agreement shall also be terminated if COUNTY requests that CITY enact amendments to
aid ordinance and such amendments are not made within 90 days of this request.
2. If COUNTY fails to provide animal control services, as required under
this Agreement and/or in the Joint Operating and Financial Plan, CITY may provide
written notification to COUNTY of such failure to provide services. COUNTY shall be
given 30 days from the date of receipt of written notification by CITY to provide the
required animal control services. If COUNTY fails to provide such services after 30 days
from receipt of written notification, CITY may terminate this Agreement upon 30 days
additional written notice.
3. In the event oftennination under Section 11, CITY shall pay COUNTY
on a prorated basis for animal control services rendered consistent with this Agreement
and the Joint Operating and Financial Plan through the date of tennination.
SECTION 12
TERMINATION FOR CONVENIENCE
l. CITY acknowledges that in order to provide animal control services
pursuant to this Agreement, COUNTY must conduct long range planning for funding,
new shelter development and staff requirements. Therefore, notwithstanding any other
section or provision of this Agreement, either party may terminate this Agreement by
giving a one-year advance written notice of intention to terminate.
10 JJ December 5, 2017 Item #5 Page 16 of 19
SECTION 13
AD HOC COMMITTEE
1. COUNTY shall form an Ad Hoc Committee consisting of a representative
from each of the cities to which COUNTY provides animal control services by contract.
Each member of the Ad Hoc Committee shall have the opportunity to provide input
regarding animal control services, future fees and fee changes.
SECTION 14
FUNDING BY CITY
l. If CITY fails to appropriate funds for this Agreeq1ent, such action shall
not be considered a breach of this Agreement. Under no circumstances shall CITY fail to
appropriate funds for this Agreement for the purpose of obtaining animal control services
from another provider or to establish its own animal control services department without
providing COUNTY with one year notification as specified in Section 12.
SECTION 15
CONTRACT ADMINISTRATION
1. COUNTY designates the Director or his/her designated representative to
represent COUNTY in all matters pertaining to the administration of this Agreement.
2. CITY designates its City Manager or designated representative to
represent CITY in all matters pertaining to this Agreement on behalf of CITY.
3. Any notice or notices provided for by this Agreement or by law to be
given or served upon COUNTY may be given or served in person or by letter deposited
in the United States mail, postage prepaid and addressed to:
DIRECTOR OF ANIMAL SERVICES
5480 GAINES STREET
SAN DIEGO, CA 92110
4. Any notice or notices provided for by this Agreement or by law to be
given or served upon CITY may be given or served in person or by letter deposited in the
United States mail, postage prepaid and addressed to:
Chief Gary W. Morrison
City of Carlsbad
2560 Orion Way, Carlsbad CA 92010
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December 5, 2017 Item #5 Page 17 of 19
ATTACHMENT A
COUNTY OF SAN DIEGO
DEPARTMENT OF ANIMAL SERVICES
RESPONSE PRIORITY LEVELS
RESPONSE PRIORITY LEVEL
TYPE OF SERVICE IN PROGRESS NOT IN PROGRESS
Threatenino Danoerous Animal 1 3
Possible Rabid/Biter Animal 1 3
Major Injury to Animal 1 3
Threat from Wild Animal 1 3
Cruelty 1 3
Animal Inside Vehicle 1 3
Fighting Animals 1 3
Doos harassin!l Livestock 1 3
Sick/Minor Injury Animal 2 3
Animal Welfare 2 3
Isolation of Biting Animal for Rabies 3 NIA Examination
Confined Stray Animal 3 N/A
Relinquished Animal 3 4
Restraint of Animal 3 4
Wild Animal 3 4
Misc. Patrol Services 3 4
PRIORITY
LEVEL RESPONSE GUIDELINES
LEVEL 1 First priority; response objective is within one hour. Officer responds before all
lower priority calls.
LEVEL 2 Second Priority; response objective is within 12 hours of receipt.
LEVEL 3 Third Priority; response objective is within 24 hours of receipt.
LEVEL 4 Fourth Priority; response objective is within 72 hours of receipt.
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December 5, 2017 Item #5 Page 19 of 19