HomeMy WebLinkAboutReso 139-1984 RESOLUTION NO. 139-84
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF
AN AGREEMENT FOR ANIMAL CONTROL SERVICES
that-
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Approval of Agreement.
The Agreement entitled "Agreement for Animal .Control Services and
Shelter Facilities with City of South San Francisco" between the City of South
San Francisco and the County of San Mateo is hereby approved, and a copy of
said Agreement is attached hereto as Exhibit "A."
2. Execution of Agreement.
The Mayor is hereby authorized to execute said Agreement on behalf
of the City, and the City Clerk attest his signature thereto.
I hereby certify that the foregoing Resolution was regularly introduced
and adopted ~by the City Council of the City of South San Francisco at a regular
meeting held on the 12th day of September , 1984, by the following
vote'
AYES-
NOES-
ABSENT-
Councilmembers Emanuele N. Damonte, Gus Nicolopulos; and
Roberta Cerri Teglia
None
Councilmembers Mark N. Addiego and Richard A. Haffey
EXHIBIT "A" TO RESOLUTION NO. 139-84
AGREEMENT FOR ANIMAL CONTROL SERVICES
AND SHELTER FACILITIES WITH
CITY OF SOUTH SAN FRANCISCO'
THIS AGREEMENT, made and entered into this ~*- day
of '~u~.~,/ , 1984 by and between the-COUNTY OF SAN
MATEO, a political subdivision of the State of California
(hereinafter "COUNTY") and the CITY OF SOUTH SAN FRANCISCO
(hereinafter "CITY");
WITNES SETH
WHEREAS', the City has passed local ordinances governing
'the regulation, licensing and impounding of certain animals within
the territorial limits of-the City;. and
WHEREAS,'the City wishes to contract with the County for
the enforcement of many of these ordinances;
NOW, THEREFORE, IT Is HEREBY AGREED as follows:
A. DEFINITIONS
-
All definitions in Exhibit "A" attached hereto shall apply to the
terms used in this Agreement.
B. CITY'S RESPONSIBILITIES
1. Adoption of Animal Control Ordinance. City shall adopt
and maintain an animal control ordinance substantially the same as
the provisions of sections 3330.0 through 3330.19 of the San Mateo
County Ordinance Code, to be effective within the territorial
limits of the City.
2. Adoption of Fee SchedUle. City shall adopt and maintain a
uniform fee schedule as outlined in Section 3330.18 of the above
mentioned ordinance.
3. Designation of Animal Control Officer~ City shall des-
ignate as the Animal Control Officer of City the same' person that
County designates as the animal control officer of the County.
4. Designation of Dog License Collector. The City agrees to
designate the County's Director of Community Services or his agent
as the City official responsible for dog license collection and
administration.
5. Payments. City agrees to pay to the County prior to
November 1st of each fiscal year and following the receipt of an
invoice from County, the City's percentage share of the net
program cost of the animal control program. The net program cost
shall be arrived at by County and shall be equal to the cost of
the contract between the County and the Peninsula Humane Society
plus the cost of the dog licensing program minus any revenue
received as described in Section D, Paragraph 5. Each City's
.percentage share is based on a formula of one-half r.elative
population and. one-half .relative assessed valuation and shall be
equal to that 'outlined in Exhibit "F" .attached ~'
C. COUNTY'S RESPONSIBILITIES
1. Provision of Animal Control. County shall provide field
enforcement and shelter services for City in accordance with the
terms and conditions of this agreement and pursuant to the
provisions of sections 3330.0 through 3330.19 of the San Mateo
County Ordinance Code and all provisions of law relating to animal
abuse and animal control and shelter services of the State of
California. Services shall be provided to incorporated areas at
the same level of service rendered in the unincorporated areas of
the County of San Mateo.
2. Field EnfOrcement Services. Field enforcement services
shall be staffed as described in Exhibit "B" attached hereto for
the purpose of enforcing state and local ordinances pertaining to
domestic animals, and shall consist of the activities contained in
Exhibit "B". Saturation patrols shall be allocated to each city
as described in Exhibit "C" attached hereto.
3. Shelter Services. Shelter services shall include the
impOunding, receiving of unwanted animals, housing, redemption,
treatment, sale, adoption, destruction and disposal of animals.
The shelter shall 'be staffed as described in Exhibit "D" attached
hereto. The shelter and care for all stray and unwanted animals
shall be provided 24 hours a day 7 days a week. The office and
counter shall be open to the public as described in Exhibit "D".
4. Treatment Services. In accordance with state law,
treatment services to injured animals shall be provided or
arranged to be provided as described in Exhibit "E" attached
hereto. Staffing to provide in-house treatment services shall be
in accordance with that identified in Exhibit "E".
5. Excluded Services. Services and enforcement activities
not within the County's obligations herein are those related to:
a. Number of animals per household.
b. Exotic animal control.
c. Response to barking dog complaints, except as
described in Exhibit "B" Paragraph 3.
D. General Provisions
1. Previous Agreements. Upon execution of this Agreement,
all previous Agreements between City and County for the provi-sion
of animal control services will be terminated. Both parties will
be released from all obligations under the former contract.
2. Sub-contracting For Services. It is expressly under-stood
that the County shall sub-contract with the Peninsula Humane
Society, a California corporation, for the provision of the field
enforcement, shelter and treatment services referred to herein.
3. Fiscal and Program Monitoring. City may participate in
monitoring meetings between the Peninsula Humane Society and
County to review year to date expenditures and to discuss any
financial or programmatic problems that any party may have.
Meetings shall be scheduled at least twice each year; however,
more frequent meetings may be called by County or City.
4. Purpose of Monitoring Meeting. It is the intention of the
County to form a monitoring committee to consist of three police
chief representatives, five city manager representatives, and one
representative from the County. Cities without formal
representation or appointment may attend and fully participate in
all meetings. The monitoring committee may adopt its own rules of
conduct. Responsibilities of the monitoring committee shall
include~but not be limited to:
a. Review the distribution of saturation patrols. Any change
in the distribution of patrols identified in Exhibit "C" must be
recommended.by th'is committee and proposed to the City Manager's
Association. At no time, however, shall any city's allocation of
saturation patrols be reduced by more than one patrol from the
base and no city shall receive less than two patrols each fiscal
year. Exhibit "C" shall be used as the base allocation of
saturation patrols.
b. Review program and fiscal implications if a city termi-
nates its participation in the county-wide animal control pro-
gram. The committee will be asked to make recommendations to the
county and cities.
c. Review existing local animal control ordinances and make
recommendations for appropriate changes to the county and cities.
d. Review dog licensing activities.
e. Review citation activities.
f. Review programmatic complaints of any city and program-
matic data provided by the Peninsula Humane Society.
g. Review revenues and expenditures relating to animal
control services. '
h. Review the city cost sharing formula.
5. Use of Program Revenue. The City agrees that dog li-
cense fees and animal fines and forfeitures collected by the
County shall be used for the support of the animal control pro-
gram. It is. further understood that any fees'collected for re-
demption or sale of impounded animals shall be retained by the
County and/or the Peninsula Humane Society in accordance with
the provisions of said contract between the County and the
Peninsula Humane Society, and such fees shall be used for-the
support of the animal control program.
6. Program Deficit or Surplus. City and County shall share
in covering any program deficit or receiving any program
surplus. At the end of each fiscal year, County will determine
the actual cost of the animal control program and the actual
revenue received to offset these costs. Any variance (deficit or
surplus) over what was budgeted will be added to, in the case of a
deficit, or subtracted from, in the case of a surplus, the next
years cost. Deficits and/or surpluses will be shared by each city
and county based on the formula outlined in Exhibit "F", attached
hereto.
7. Maintenance of Records. Records of animals impounded
including the description of each animal, date of receipt, date
and manner of disposal, treatment received, the name of the person
redeeming or adopting the animal, and the fees, charges and
proceeds of adoption shall be maintained by'the Peninsula Humane
Society and made available to City. In addition, in-formation
shall be provided on a monthly basis to the City sum-marizing
various field enforcement activities occuring in the City and
shelter activities initiated by residents of the City.
8. Effective Period. The term of this agreement shall be for
a period of five years, commencing July 1, 1984, except that the
legislative body of either party may terminate this agreement on
any January 1 or July 1 provided that six-month prior written
notice is given. City may terminate its participation in either
the county-wide .field enforcement or shelter service program or
both as long as the City assumes the financial and programmatic
responsibility for the provision of analogous field enforcement
and/or shelter services.
9. Amendments: Entire Agreement. Amendments to this
agreement must be in writing and approved by the governing board
of every jurisdiction. This is the enitre agreement between the
parties and supercedes any prior written or oral agreements
inconsistent herewith.
10. Additional Services. Nothing contained herein shall
preclude City trom contracting directly with the Peninsula Humane
Society for the provision of a higher level of service. Any
contract increasing the level of services will be supplemental to
this agreement and will not affect the level of service provided
for in this agreement, the agreement between the County and any
other city, or the agreement between the County and the Peninsula
Humane Society.
12. Notices. Any notices required to be given pursuant to
this agreement shall be given in writing and shall be mailed to
the parties hereto at the addresses of each of the parties, a~
follows;
To City:
Attention: City Manager
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
To County:
Director of Community Services
CountY of San Mateo
590 Hamilton Street
Redwood City, CA 94063
12. Hold Harmless. In contemplation of the provisions of
Section 895.4, California Government Code, each party hereto
agrees to indemnify and hold the other party harmless from all
liability for damage to persons or property arising out'of ~or
resulting from the acts or ommissions of the indemnifying party.
13. Independent'Contractor. City and its employees and agents
are independent contractors with respect to the performance of any
obligation hereunder or connected herewith, and not employees or
agents of County.
14. Assignability. Except as otherwise expressly provided for
herein, neither party shall assign any of its obligations or
rights her.eunder without permission of the other.
IN WITNESS WHEREOF, the Board of Supervisors of the County of
San Mateo has caused this agreement to be subscribed by its
Chairman and attested by its Clerk, and the City of
S0pth S~p ~ncisc0 ' has caused this agreement to be
SUDSCrlDeaDy its duly authorized officer and attested by its
Clerk.
COUNTY OF SAN MATEO
Chairman, B&~frd of Supervisors
ATTEST:
~ llerk of Said Board
CITY OF South San Francisco
Mayor
ATTEST:
D20-126AC-P1/5
EXHIBIT "A"
DEFINITIONS
Saturation Patrol: a concentrated sweep, by two or more animal
control vehicles, of each street in a designated area to enforce
animal control laws and local ordinances. A patrol is to
concentrate on controlling the problem of stray dogs roaming the
street and shall consist of at least 4 man-hours.
Adoption: the placement of an unwanted animal in a new home.
Impounded Animal: one that has been picked up by an animal
control officer or other public official because of being in
violation of a local ordinance or by a person and deposited at the
shelter for redemption by owner.
Surrendered Animal: an unwanted animal that has been turned over
to an animal control officer or taken to the shelter by its owner.
D20-126AC-P6
EXHIBIT "B"
AUTHORIZED STAFFING FOR EACH PROGRAM UNIT
Staffing shall be defined in terms of full time equiva'lent (FTE)
positions. One FTE equals 40 work hours per week.
FIELD ENFORCEMENT STAFFING AND SERVICES
21.5 FTE positions shall staff the field enforcement pr'ogram
unit. This shall consist of:
i. No less than 16.5 FTE Animal Control Officers.
2. No more than:
1.0 FTE Program Unit Manager
2.0 FTE Field Supervisors
1.4 FTE Dispatchers
· 6 FTE Seoretary-
Field enforcement services shall include the following:
1. Society shall conduct at least 135 saturation patrols per
Year in selected areas of the County with at least two (2)
saturation patrols per year provided in each city and in the
unincorporated area of the COunty, except as otherwise noted
herein below. The allocation of the saturation patrols will be in
accordance with Exhibit "C". Such patrols shall be coordinated
with a designated official of each city covered by this contract
and the County.
2. Society shall: a) immediately respond, within the limits
allowed by manpower availability, to all emergency calls. For the
purpose of this subsection, "emergency call" means a complaint of
a bite or attack in progress, or a bite or attack which has
occurred and where the animal remains an immediate threat to
persons or property; b) respond to calls pertaining to other
biting, vicious, injured or sick animals, and dog packs within
eight (8) hours of receiving the call; c) respond to calls
pertaining to quarantines, cruelty, stray loose dogs, or dead
animal pick-up, within twenty-four (24) hours of receiving the
call; d) pick up contained stray animals between 8:00 a.m. and
9:00 p.m., except if an animal has bitten, is vicious, or is
injured or sick; e) nOtwithstanding any other provision herein,
on Sundays, holidays and after regualr patrol hours, Society need
only provide same day response to calls/complaints pertaining to
bites, vicious, injured or sick animals.
3. Society shall refer calls pertaining to barking dog
complaints to the appropriate local governmental agencies and be
available to handle barking dog complaints where there is
suspicion of cruelty, injury or other problems pertaining to the
welfare of the animal. Assistance will be provided to local
agencies, by sOciety, when the barking becomes excessive as
determined by the designated official of each city or the
county. That designated official shall make all requests for
assistance to the manager of animal control or his designated
official. Assistance shall include a field investigation, pro-
viding a report and/or issuing a citation.
4'. Society shall issue citations to any person whose animal
is in violation of any state statute or county or city ordinance.
D20-126AC-P7
EXHIBIT "C"
ALLOCATION OF SATURATION PATROLS*
~ity Patrols
Atherton 2
Belmont 5
Brisbane 3
Burlingame 8
Colma 2
Daly City 12
East Palo Alto 5
Foster City 2
Half Moon Bay 3
~illsborough 4
Menlo Park 8
Millbrae 2
Pacifica 8
Portola Valley 2
Redwood City 10
San Bruno 7
San Carlos 7
San Mateo 15
So. San Francisco 10
Woodside 2
City Sub Total 117
Unicorporated County 18.
TOTAL 135
*A city may choose to reduce or eliminate the number of patrols
allocated to it. If this occurs, the Humane Society will
realocate those patrols based upon the Society's determined
need.
D20-126AC-P8
EXHIBIT "D"
SHELTER SERVICES STAFFING AND HOURS
Staffing shall be defined in terms of full time equivalent (FTE)
positions. One. FTE equals 40 work hourS per week.
23 FTE positions .shall staff the shelter and administrative
program unit. This shall consist of:
1 FTE Operations Manager
1 FTE Animal Attendant Supervisor
9 FTE Animal Attendants
1 FTE Shelter Manager
1 FTE Service Representative Supervisor
8 FTE Service Representatives
1 FTE Accountant
1 FTE Account Clerk ·
For Shelter and Administrative services and Treatment Services
only, the actual number of FTE positions in each classification
may be adjusted by Society upon prior written notice to County.
SHELTER HOURS*
11:00 AM to 6:00 PM Monday through Friday
11:00 AM to 5:00 PM Saturday
COUNTER HOURS*
9:00 AM to'6:00 PM Monday through Friday
9:00 AM to 5:00 PM Saturday
ADMINISTRATION HOURS*
8:00 AM to 6:00 PM Monday through Friday
* HOLIDAYS EXCEPTED
D20-126AC-P9
EXHIBIT "E"
TREATMENT STAFFING AND SERVICES
Staffing shall be defined in terms of full time equivalent (FTE)
positions. One FTE equals 40 work hours per week.
3.5 FTE positions shall staff the treatment program unit. This
shall consist, of:
1 FTE Veterinarian
,5 FTE Veterinarian Technician
2 FTE Animal Health Technicians
Animal control Officers will bring all injured or sick cats and
dogs found without an owner in a public place or confined by a
citizen directly to a 'veterinarian in the community or to the
Peninsula Humane Society shelter where it will be determined
whether said animals should be immediately destroyed or be hos-
pitalized under proper care and given emergency treatment..
Injured or sick animals will only be transported to the shelter if
staff is available to treat said animals. On holidays, weekends
and between 5:00 P.M. and 9:00 A.M. MOnday - Friday all injured or
sick animals will be taken to an emergency veterinarian clinic.
An injured'or sick stray animal brought into the shelter or an
animal that becomes sick or is injured at the shelter will be'
treated by the Society's veterinarian staff, if available. If the
staff is not available to treat said animal it will be transported
to a veterinary hospital if it is an emergency and the animal
needs immediate treatment.
If the owner of an injured or sick stray animal redeems same, the
owner will be required to pay all medical and impound fees·
incurred.
D20-126AC-P10
City
Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto'
Foster City
Half Moon Bay
Hillsborough
Menlo Par k
Millbrae
Pacifica
Por tola Valley
Redwood City
San Bruno
San Carlos
S an Mateo
So. San Francisco
Woodside
Unicorporated County
EXHIBIT "F"
CITY/COUNTY COST FORMULA
Cost
Ratio
Percentage
1.1
2.3
.3
3.0
.1
5.9
1.1
2.4
.6
1.7
3.1
1.8
2.7
.5
5.1
3.0
2.7
7.8
5.1
.8
48.9
Each City's share shall be arrived at by multiplying its cost
ratio percentage by the net program cost for animal control
services. The net program cost is the cost of the contract with
the Peninsula Humane Society plus the cost of the dog licensing
program minus any revenue received as described in Section D,
Paragraph 5.
D20-126AC-Pll