HomeMy WebLinkAboutReso - CC - 054-1997RESOLUTION NO. 54-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING AGREEMENT WITH THE COUNTY OF SAN MATEO
TO PROVIDE ANIMAL CONTROL SERVICES
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the County of San Mateo is willing to provide administration of animal control services
through a contract with the Peninsula Humane Society; and
WHEREAS, these services can be more efficiently performed through such a contract; and
WHEREAS, the attached agreement would continue this program in the City for 3 more years,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The Mayor is authorized and requested to execute the Agreement for Animal Control Services
attached as Exhibit A hereto by and on behalf of the City.
2. The Clerk is directed to attest to the signature of the Mayor.
,g A. 0' n
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing
resolution was introduced at a regular meeting of the City Council held on the 7th day of JULY . 1997, and was
adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
GI:.�►1YIIiK�Ii1►i 1 U1 _V I:. L`i
HARRISON, JANNEY, KNIGHT, 0-MAHONY, SPINELLI
NONE
NONE
AGREEMENT FOR ANIMAL CONTROL SERVICES
BETWEEN THE CITY OF BURLINGAME AND THE
COUNTY OF SAN MATEO
THIS AGREEMENT, made and entered into this i day of
July, 1997, by and between the COUNTY OF SAN MATEO, a political
subdivision of the State of California (hereinafter "COUNTY"), and
the CITY OF BURLINGAME (hereinafter "CITY");
1:��4`L51-XY5�Ei :7
WHEREAS, the City has passed and is responsible for enforcing
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, by the Peninsula Humane Society (PHS), of many of
these ordinances;
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
e p5
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 Ordinances. City shall
endeavor to adopt and maintain an animal control ordinance
substantially the same as the provisions of Chapters 3.2.16,
3.2.16.040, 3.2.16.k45, 3.2.24; and 3.2.28 of Division 3 of the San
Mateo County Ordinance Code, to be effective within the territorial
limits of the City. Any animal taken into custody by an employee
of the County or of a contracting city shall be delivered to the
Peninsula Humane Society at its shelter or held in a humane way at
a designated holding area until it can be picked up by Peninsula
Humane Society staff.
2. Adoption of Fee Schedule. City shall adopt and maintain
a uniform fee schedule as outlined in Chapter 3.2.16 of the above
mentioned Ordinance.
3. Designation of Animal Control Officer. City shall
designate as the Animal Control Officer of City the same person
that County designates as the Animal Control Officer of County.
4. Designation of License Collector. The City agrees to
designate the County's Environmental Services Agency Director or
his agent or designee as the City official responsible for license
fee collection and administration.
5. PayMents. City agrees to pay to the County prior to
December 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
determined by the County and shall be equal to the cost of the
contract between the County and the Peninsula Humane Society plus
the cost of the County administering the licensing program minus
- any revenue received by County or PHS as described in Section D,
Paragraph 5. City's percentage share (see Exhibit H for overall
estimated share) shall be based on a formula of one-half the
relative population of the City to that of the County plus one-half
the City assessed valuation. In FY 1997-98, the Cities share shall
represent 66.3% of the total program costs. The Cities share shall
be arrived at by the County and shall be equal to the cost of the
contract between the County and the Peninsula Humane Society plus
the cost of the licensing program minus any revenue received.
County shall provide to City, through its contract with the
Peninsula Humane Society, all of the following services and
facilities. County shall provide Animal Control Services including
licensing/permit and registration fee collection, field
enforcement, shelter services, and treatment services to the City
in accordance with the terms and conditions of this Agreement and
in compliance with all applicable laws of the State of California.
County shall provide enforcement of state and local animal control
laws,except where otherwise noted herein below, including City
ordinances which are similar to Chapters 3.2.16, 3.2.16.040,
3.2.16.045, 3.2.24, and 3.2.28 of Division 3 of the San Mateo
County Ordinance Code. Services shall be provided to incorporated
areas at the same level of service rendered in the unincorporated
areas of the County of San Mateo.
1. Field Enforcement Services. County's contract with the
Peninsula Humane Society (PHS) provides that PHS shall staff its
field enforcement services throughout the County for the purpose of
enforcing state and local ordinances pertaining to domestic
animals.
Society, County and Cities have established and agree to
adhere to the written procedures to accommodate referring barking
dog complaints to the appropriate agency as contained in Exhibit
nCn
2. Shelter Services. Shelter services shall include the
impounding, receiving of unwanted animals, housing, redemption,
treatment, sale, adoption, destruction and disposal of animals.
The shelter and care for all stray and unwanted animals shall be
provided 24 hours a day 7 days a week. The Administrative Offices
shall be open to the public Monday -Friday 9:00 a.m. to 6:00 p.m.,
holidays excepted. The counter shall be open to the public six
days per week.
3. Treatment Servi ces. In accordance with state law,
treatment services to injured animals shall be provided or arranged
to be provided as described in Exhibit "D" attached hereto.
4. 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. Dead marine mammal pick-up.
d. Pick-up of dead or live wildlife on private property
unless such wildlife has direct contact with humans
and/or domestic animals or is sick or injured.
D. GENERAL PROVISIONS
1. Existing Agreements. Upon execution of this Agreement,
any existing Agreements between City and County for the provision
of animal control services will be terminated.
2. Sub -contracting for Sarvir a. It is expressly understood
that the County shall sub -contract with the Peninsula Humane
Society, a California nonprofit corporation, for the provision of
animal control services including 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 Moni oringMme, It is the intention of
the County to form a monitoring committee that shall hereafter be
referred to as the Animal Control Task Force which shall consist of
three police chief representatives, city manager representatives,
and one representative from the County. Cities without formal
representation or appointment may attend and fully participate in
all meetings. The Animal Control Task Force may adopt its own
rules of conduct. Responsibilities of the Animal Control Task
Force shall include but not be limited to:
a. An evaluation of veterinary services and priorities,
workload trends, and shelter holding time for animals.
Initiate specific recommendations for cost containment in
these areas.
b. Feasibility studies of County Service Areas and Community
Services District options when initiated and formalized
by City representatives.
C. Review program fiscal implications if a City terminates
its participation in the County -wide animal control
program. The committee will be asked to make
recommendations to the County and Cities.
d. Review existing local animal control ordinances and make
recommendations for appropriate changes to the County and
Cities.
e. Review licensing -activities.
f. Review citation activities.
g. Review programmatic complaints of any City and
programmatic data provided by the Peninsula Humane
Society.
h. Review revenues and expenditures relating to animal
control services.
I Review the City cost sharing formula.
S. Use of Program RoueThe City agrees that all license
fees and animal fines, forfeitures or other related animal fees
collected by the County shall be retained by County and used for
the support of the animal control program. It is further
understood that any fees collected for redemption 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 SulMlus. City and County shall share
in covering any program deficit or receiving any program surplus.
At the end of every second 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 following years
cost. Deficits and/or surpluses are shared by each City and County
based on actual program costs and revenue for the prior fiscal
year.
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, information shall
be provided on a monthly basis to the City summarizing various
field enforcement activities occurring in the City and shelter
activities initiated by residents of said City.
8. Effective Period. The term of this Agreement shall be
for a period of three years, commencing July 1, 1997, and ending,
June 30, 2000. The legislative body of either party may terminate
this agreement on any January 1 or July 1 provided that six -months
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 body of
every jurisdiction. This is the entire Agreement between the
parties and supersedes any prior written or oral agreements
inconsistent herewith.
10. Additional Services. Nothing contained herein shall
preclude City from 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.
11. 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, as follows:
To City: City of Burlingame
Attention: City. Manager
1111 Trousdale Drive
Burlingame CA 94010
To County: Director, Environmental Services Agency
590 Hamilton Street
4th Floor
Redwood City CA 94063
12. Hold Harmless. City shall indemnify and save harmless
the County, its officers, agents, employees and servants from all
claims, suits or actions of every name, kind and description,
brought for, or on account of injuries to or death of any person,
including City, or damage to property of any kind whatsoever and to
whomsoever belonging including that of City or its officers, agents
or employees or servants, including but not limited to those caused
by the concurrent active or passive negligence of the County, its
officers, agents, or employees or servants, resulting from the
performance or nonperformance of any work or obligations required
by this Agreement, provided that this shall not apply to injuries
or damage for which County has been found in a court of competent
jurisdiction to be solely liable by reason of its own negligence or
willful misconduct.
The duty of City to indemnify and save harmless as set forth
herein, shall include the duty to defend as set forth in Section
2778 of the California Civil Code.
13. Independent on ractor. 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 and vice versa.
14. Assignability. Except as otherwise expressly provided
for herein, neither party shall assign any of its obligations or
rights hereunder 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
President and attested by its Clerk, and the City of
has caused this Agreement to be subscribed by its duly authorized
officer and attested by its Clerk.
ATTEST:
Clerk of Said Board
Glu
6/97
COUNTY OF SAN �M%ATEO
By: !/
President, Board of Supervisors
CITY OF BURLINGAME
By: /2411;. /-)7 • p'�
Mayor
Certa(irate of Delivery
(Govc rn mcnt Code Section 251 U3)
certify that a copy of tiie ::nyinal document filed in the Office of the
;Ie: k of the Coard of Supervisors of Sar. Mateo County has been
iellvered to the President of the Board etSul5erviso�rrs..',,L��-�/,1��
C!efk of Y�eBoard of Supervi �
Y17
EXHIBIT A
PROGRAM UNIT: A category of service provided by the Peninsula
Humane Society. The categories shall be field enforcement,
treatment, and shelter and administrative services.
CONTRACT AREA: Shall include all cities which contract with the
County of San Mateo for the provision of animal control and/or
shelter services and all unincorporated areas of the County.
Contract area for other animal control and contract area for
shelter may differ.
ADOPTION: The placement of an unowned or relinquished animal in a
new home.
IMPOUNDED ANIMAL: One that has been picked up by an animal
control officer or other public official or by a private citizen
and deposited at the shelter for redemption by owner.
SURRENDERED ANIMAL: An unwanted animal that has been legally
released to an animal control officer or to the shelter by its
owner.
6/97
EXHIBIT B
ESTIMATED PERCENT OF DISTRIBUTION
FY 1997-98
CITY
Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
Menlo Park
Millbrae
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
So. San Francisco
Woodside
6/97
SHARE
2.0°06
3.90
1.00
5.50
.030
12.90
2.50
5.3°06
1.60
3.30
6.00
3.30
5.00
1.1°06
11.30
5.60
4.90
14.30
9.70
1.50
• • • Peninsula
Humane Society
Acvccallng cuaiity anC cemcsssion for all lite
MEMORANDUM
TO: Connie Urbanski
Manacer, AZ_4'Mal Control Saraices
Count -,of San Mateo
_ 'A-ROM: Kathy Saveskv
3:�ecutive Director
Pen_-;nsula Humane SCC_e
DATE: October 1_-992
SUBJECT: Response to Sar{_.nc Dog Complaints
As referenced in the new PHS/County of San Mateo contract and
discussed at the October o, :992 meeting of interestad "_'ask
3orce members, the following represents the agreed upon
procedur=-s for handling of barking dog complaints:
CITI E:i COMPLAINTS ON 3ARKING DOGS
_. Local Police/Sheriff's Departments will respond to
zapcomnla_nts cone-^_.ing barking dogs.
2. The Humane Soc'-ei-? will provide assistance to the
Police/Sher'iff's Departments under the fallowing
condi _ons:
(a) If the aroblam is determined, by the local Police/
Sher___'s denart:aent, to be chrcnic (mnit'nle
complaints) or excessive (creating a spec al or
unique problem--e.g. disturbing a seriously ill,
home -bound person), the local Police/Sheriff's
department may r=_quest ass -stance f=cm the :umane
Soc_ary. :l_ such ==_quests must be accompanied 'v
written doc,,=entation of the actions Laken -o data.
thera is a susn_c'_on o' __sel a, injur, r c e
animal, or other problems =elated to the animal's
welfar=- r e local Police/Sherif='s decay -nen: may
recuest assistance from the =umane Seciet_ --
such racuescs snould be aca--mza_^._ed by wr=--an
dcc,=en"._ion ...f the actions taken -. to da a u^.l2ss
-- r j ecma -_:
....ile del a:i '.JOL'ld fL`r_he_ �,. ..c_ -.a .he aP.ima_ ' s
well -bei: c.
-'c-
7-:37- 77
3a=K_nc Dog Res-onse ?=ocedu=es
October _'-, 1992
pace =wc
(c) once a comDlai_^.L has been=a=er=ad to -=he :umane
Society by the police/Sher==='s depart -Ment under
a_taer of the cordic=ons above, =11
__=her cit_=en
calls involving = at comDla_zt may be `orwa=ded
di=ec-.v to tae Humane Soc-etv;
(d) Actions taken by the Humane Soc_atJ an a chronic or
excessive ba=king complaint may include a 'iia-ld
-nvestigation, warnings, =a a,=' to mediation or
citation.
=14POUNDMENT
-he lac -al loll a/Siler__'.'s deDa_rtments may -also=eQuest
-meoundment of a barking dog 5v the
Hum SociotY, wit?
the ==_auesring agency s --an ding by at the scene of the
mecundmen =. This = aeuest may come at ang -,i ne the local
agency deems it is aCCroariate (a.g. when a dog is
;Jark4 ng upon the off -c9r's a_=_vai and rte owner can't
be located to alleviate the problam),=agardless of
whether the sit-.tiation is deemed to be chronic or
=excessive.
2_ owner of barking dogs that have been impounded :gust
aceear at the Humane Scciat_r and fav relevant
imccundment '_aes to redeem Mei= ?*'mals.
,Note:
?Ls -a aed, tae Humane Soc'_e t_T will P=wide rhe ?slice;'
S= --
Jho___- s depar:=nents w3=n w=_y=n marar_a° n4 ng
succes'C:ons O -n how ro cont -=31 ba=killC -n comuanion docs.
vL' ::1= '?nr as:'_mai 3ehav4cr ?act Sheets or_ _is =ogic are
undergo_= g =:vision, but s:.ou_d be ccmpleta witain =he ae_ct
two =_=ee weeks.. �t :-at rime, a sinal_ supper w-__ be
sent tc =each depar-meat, along w=r_. sae phone number t:iev
should -a:- torequest:nor=.
EXHIBIT D
TREATMENT SERVICES
Treatment services shall be provided in accordance with Section
597f of the California State Penal Code.
Rabies vaccinations will be administered as staffing permits for
adopted and reclaimed dogs and cats. Injured or sick animals
will be transported to the shelter where staff will be available
to treat said animals between 9:00 a.m. and 6:00 p.m. Monday -
Friday. on holidays, weekends and between 6:00 p.m. and 9:00
a.m. Monday - Friday all injured or sick animals will be taken to
an emergency veterinarian clinic or whatever veterinarian
services are available if Society veterinary staff is not
available.
An injured or sick animal brought into the shelter will be
treated by the Society's veterinatrian staff, if available. If
the staff is not available totreat said animal, the animal will
be transported to a veterinary hospital if it is in need of
immediate treatment.
If an owner is identified for any injured or sick stray animal,
said owner will be required to pay all fees associated with the
impoundment of the animal. Veterinarian shall keep andmake
available to County accurate records and reports of the services
rendered herein and related fees charged and fees collected as
may be required by the County, County ordinance and State law.
6/97