HomeMy WebLinkAboutAGENDA REPORT 2022 0601 CCSA REG ITEM 10ICITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 1, 2022
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
I. Consider Agreement Between the City of Moorpark and the County of Ventura and
Service Level Request Form for Animal Services. Staff Recommendation: 1)
Approve the Ventura County Animal Services Agreement, subject to final language
approval of the City Manager and City Attorney, and authorize the City Manager
to sign the Agreement; and 2) Authorize the City Manager to sign the Service Level
Request forms, when they contain no changes to level of services provided by the
County or cost methodology. (Staff: Shaun Kroes, Public Works Manager)
Item: 10.I.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shaun Kroes, Public Works Manager
DATE: 06/01/2022 Regular Meeting
SUBJECT: Consider Agreement Between the City of Moorpark and the County of
Ventura and Service Level Request Form for Animal Services
SUMMARY
On June 3, 2020, the City of Moorpark (City) and Ventura County Animal Services (VCAS)
executed a new five-year Agreement for fiscal years (FY) 2020/21 through 2024/25. On
November 18, 2021, VCAS/County of Ventura (County) adopted revisions to its ordinance
which have necessitated VCAS to establish a new Agreement (Attachment 1) for
FYs 2022/23 through 2024/25. Staff is requesting that the City Council approve the new
Agreement with VCAS and authorize the City Manager to execute both the Agreement
and annually sign the VCAS Service Level Request (SLR).
BACKGROUND
Since 1984, the City has had an Agreement with VCAS for various services. The City’s
current level of service with VCAS includes:
•VCAS provides shelter services for animals that originate from the City’s
boundaries (picked up in the City or dropped off at the County animal shelter) that
result from confiscations, requests for euthanasia, owner surrender, owner return,
pick-up of stray animals and transfers. Shelter services for animals that originate
from the City include: impoundment, boarding, quarantine, veterinary services,
euthanasia services, over-the-counter animal license sales, animal adoptions,
disposal of dead animals and related administrative services.
•VCAS provides up to thirty (30) hours of emergency calls. These hours allow
responses for requests for an Animal Services Officer by law enforcement or fire
personnel to address vicious animals at large threatening the public, wild animals
at large in City area, livestock at large and in sight, stray animal bites with an
animal at large or confined by a non-owner.
•City provides rabies control services instead of VCAS.
•VCAS provides animal nuisance hearings.
•VCAS provides animal licensing processing services, with the rates approved by
the City.
Item: 10.I.
467
Honorable City Council
06/01/2022 Regular Meeting
Page 2
As City Council may recall, the five-year agreement approved in 2020 established a fixed
animal care budget for the five-year term of the Agreement that increases by 5%
automatically each year. The animal care budget costs for the five-year term are:
• FY 2020/21: $6,114,294.90
• FY 2021/22: $6,420,009.65
• FY 2022/23: $6,741,010.13
• FY 2023/24: $7,078,060.63
• FY 2024/25: $7,431,963.67
The animal care budget is then distributed amongst the participating agencies based on
a weighted calculation of animal intakes. Specifically, a three-year weighted average
calculated so that 50% of the rate is based on the City’s previous calendar year pro rata
animal intake percentage relative to the usage by other cities and unincorporated areas
of Ventura County, 25% of the rate is based on the City’s pro rata animal intake
percentage from two years prior and 25% of the rate is based on the City’s pro rata animal
intake percentage from three years prior.
DISCUSSION
On November 18, 2021, VCAS/County of Ventura adopted revisions to its ordinance.
While some of the changes were relatively innocuous, others were quite substantial and
have required changes to the existing VCAS agreement. There are two primary changes
that will have the greatest impact to the City:
1. Address barking nuisances via citation instead of automatically requiring an
administrative hearing. This impacts the City because the City does not utilize
VCAS field staff except on an emergency basis. Consequently, any citations
written for barking dogs will have to be issued by City staff and VCAS has
effectively removed itself from being an enforcer for barking nuisances on behalf
of the City. It should be noted that the City’s current Ordinance (Section 6.08.080)
already grants City staff with the ability to cite for “noisy animals” that could include
dogs.
2. Replaced the previous animal nuisance definitions and nuisance hearing process
with a new process for determination of, “potentially dangerous and vicious dogs.”
This new process is intended to bring VCAS more in line with enforcement of
California Food and Agriculture Code Section 31601, et seq. While the definitions
of potentially dangerous and vicious dogs help to provide a more restrictive
definition (and therefore reduces the amount of time and effort spent investigating
complaints against dogs) it will also limit the amount of time that City animal control
staff can spend performing investigations as it is VCAS’ position that the California
Food and Agriculture Code limits who can perform investigations to “animal control
officers” and “peace officers”. This could potentially increase the amount of VCAS
staff time that the City will have to pay compared to previous nuisance hearing
468
Honorable City Council
06/01/2022 Regular Meeting
Page 3
processes. City staff is working with the City Attorney to determine if VCAS’
assertion is correct and, City staff is working with VCAS staff to identify a process
that will help to reduce the amount of VCAS staff time that would be spent on
potentially dangerous and vicious dog investigations. The new VCAS process also
establishes that the determination of whether or not a dog is a potentially
dangerous dog or a vicious dog can be handled through a neutral and impartial
administrative hearing officer, or, through the court system.
City staff is currently working with the City Attorney on updating the City’s own ordinance
in order to match the VCAS/County ordinance; however, the City’s ordinance will not be
in place and effective by the sunsetting of the VCAS/County ordinance relative to
nuisance hearings. Consequently, there will be a period of time this summer when any
potential nuisance complaints (as defined in the City’s ordinance) will have to be handled
in house or with a contracted third-party administrator. It should be noted that in general,
nuisance hearing requests are not common and it’s possible there won’t be any need for
in house processing before the City revises its ordinance.
Rather than amend the existing agreement VCAS has elected to establish a new
Agreement and corresponding annual SLR document. VCAS is keeping the previously
approved fixed animal care budgets in place for the remaining 3 years.
FISCAL IMPACT
The FY 2022/23 VCAS SLR is estimated to cost $195,354, based on the following
expenses detailed in Table 1 below:
Table 1: Projected FY 2022/23 VCAS Agreement Costs
Service Description Expense
Animal Care Services 162,013$
License Processing*30,000$
Field Services**3,000$
Chameleon Access/Server Costs 341$
Total 195,354$ * Assumes 5,000 licenses processed at $6/license
** 30 hours (maximum of emergency field services at $100/hour)
Additional expenses that could occur in FY 2022/23 in the VCAS would be cases involving
determinations of a potential dangerous or vicious dog, once the City updates its
ordinance.
The draft FY 2022/23 Budget includes $215,000 (expense line 1000-441-P0001-51000)
for the VCAS Agreement. The draft FY 2022/23 Budget also includes $180,000 (revenue
line 1000-441-P0001-41050) for animal license revenues. The projected net expenditure
to the City for FY 2022/23 is $35,000. It should be noted that although the VCAS
Agreement includes an automatic 5.00% increase each year for shelter services, the
469
Honorable City Council
06/01/2022 Regular Meeting
Page 4
City’s individual shelter costs remains essentially the same as FY 2020/21 due to the cost
sharing formula and the City’s reduced number of animal intakes.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
1. Approve the Ventura County Animal Services Agreement, subject to final language
approval of the City Manager and City Attorney, and authorize the City Manager
to sign the Agreement; and
2. Authorize the City Manager to sign the Service Level Request forms, when they
contain no changes to level of services provided by the County or cost
methodology.
Attachment 1: Animal Services Agreement
Attachment 2: FY 2022/23 Service Level Request
470
ATTACHMENT 1
ANIMAL SERVICES AGREEMENT
COUNTY OF VENTURA AND CITY OF MOORPARK
PARAGRAPH TITLE PAGE
RECITALS …………………………………………………………. 2
1.0 AGREEMENT TO PROVIDE SERVICES UNDER
STATE AND LOCAL STATUTES………………….. 2
2.0 ADMINISTRATION OF PERSONNEL…………….. 2
3.0 AMENDMENT OF SERVICE LEVEL REQUEST
FORM………………………………………………… 3
4.0 PERFORMANCE OF AGREEMENT……………… 3
5.0 INDEMNIFICATION…………………………………. 4
6.0 TERM OF AGREEMENT…………………………… 4
7.0 RIGHT OF TERMINATION…………………………. 4
8.0 RATES FOR SERVICES AND CREDIT FOR
REVENUES …………………………………………. 5
9.0 ATTORNEY FEES AND COSTS …………………. 6
10.0 PAYMENT PROCEDURES………………………… 6
11.0 RECORD RETENTION…………………………….. 7
12.0 NOTICES…………………………………………….. 7
13.0 SEVERABILITY……………………………………… 8
14.0 WAIVER……………………………………………… 8
15.0 ENTIRE AGREEMENT……………………………… 8
SIGNATURES……………………………………….. 9
471
Page 2 of 9
ANIMAL SERVICES AGREEMENT
COUNTY OF VENTURA AND CITY OF __________
THIS AGREEMENT is made by and between the COUNTY OF VENTURA, hereinafter
referred to as the County, and the CITY OF __________, hereinafter referred to as the
City.
RECITALS
a. The City is desirous of contracting with the County for the performance of
animal services described herein by the County.
b. The County is agreeable to rendering such services on the terms and
conditions set forth in this Agreement.
1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL
STATUTES
1.1 The County agrees, through its Animal Services Division (“Animal
Services”), to provide animal services to the City as set forth herein and in
the attached Service Level Request (Attachment A), as it may be amended
by the parties from time to time.
1.2 Such services shall comply with applicable County ordinances, the
municipal code of the City and the statutes of the State of California. The
County will provide only those services set forth in the attached Service
Level Request.
2.0 ADMINISTRATION OF PERSONNEL
2.1 All City employees who work in conjunction with Animal Services pursuant
to this Agreement shall remain employees of the City and shall not have
any claim or right to employment, civil service protection, salary, or benefits
or claims of any kind from or against the County based on this Agreement.
The County shall not be called upon to assume any liability for the direct
payment of any salaries, wages, or other compensation to any City
personnel performing services hereunder. The County shall not be liable for
compensation or indemnity to any City employee or agent of the City for
injury or sickness arising out of his or her employment.
472
Page 3 of 9
2.2 All County employees who perform services for the City pursuant to this
Agreement shall remain employees of the County and shall not have any
claim or right to employment, civil service protection, salary, or benefits or
claims of any kind from or against the City based on this Agreement. The
City shall not be called upon to assume any liability for the direct payment
of any salaries, wages, or other compensation to any County personnel
performing services hereunder. The City shall not be liable for
compensation or indemnity to any County employee or agent of the County
for injury or sickness arising out of his or her employment.
3.0 AMENDMENT OF SERVICE LEVEL REQUEST FORM
3.1 The County agrees to provide to the City a proposed Service Level Request
form to complete and submit annually to the County, by no later than March
1st, for the upcoming contract year commencing July 1st. By no later than
April 15th, the parties shall agree to the terms of the Service Level Request
for the upcoming contract year, unless an alternate date is mutually agreed
upon by both parties in writing. The Service Level Request for the upcoming
contract year shall be signed by both parties and attached to this Agreement
as an amendment. If the parties fail to reach agreement on the terms of the
Service Level Request by May 1st, this Agreement shall expire at the end
of the then current contract year.
4.0 PERFORMANCE OF AGREEMENT
4.1 The County shall furnish and supply all labor, supervision, equipment,
communication facilities, and supplies necessary to maintain the agreed
level of service to be rendered hereunder.
4.2 Notwithstanding the foregoing, the City may provide additional resources
for the County to utilize in performance of the services.
4.3 The County, in its sole and exclusive discretion, shall determine the specific
days and specific hours that any County animal shelter shall be open to the
public and the staffing of the County animal shelters; however, the County
will open its animal shelters to the public on at least five calendar days per
week. The County will notify the City regarding any changes in hours and
days that its animal shelters are open to the public.
/ / /
473
Page 4 of 9
5.0 INDEMNIFICATION
5.1 The County shall defend, indemnify and hold harmless City, its agents,
officials, officers, representatives and employees from and against all
claims, lawsuits, liabilities or damages arising from the sole and exclusive
negligence of the County, its agents, employees, and subcontractors, and
employees thereof in the performance or nonperformance of this
Agreement.
5.2 The City shall defend, indemnify and hold harmless County, its agents,
officials, officers, representatives and employees from and against all
claims, lawsuits, liabilities or damages arising from the sole and exclusive
negligence of the City, its agents, employees, and subcontractors, and
employees thereof in the performance or nonperformance of this
Agreement.
5.3 Each party agrees to provide the indemnifying party with written notification
of any claim under paragraph 5 of this Agreement within thirty (30) calendar
days of notice thereof and shall cooperate with the indemnifying party in the
defense of the claim.
5.4 Each party’s right to, and responsibility for, indemnification shall survive the
termination of this Agreement.
6.0 TERM OF AGREEMENT
6.1 Unless sooner terminated as provided for herein, this Agreement shall be
effective July 1, 2022, and shall remain in effect until June 30, 2025.
6.2 Upon mutual agreement of the parties, this Agreement may be renewed for
up to five (5) successive periods of one (1) year each.
7.0 RIGHT OF TERMINATION
7.1 This Agreement may be terminated at any time, with or without cause, by
either party upon written notice given to the other party at least ninety (90)
days before the date specified for such termination.
474
Page 5 of 9
7.2 In the event of a termination, each party shall fully discharge all obligations
owed to the other party accruing prior to the date of such termination
(including, but not limited to, payment for services already rendered), and
each party shall be released from all obligations which would otherwise
accrue subsequent to the date of termination.
8.0 RATES FOR SERVICES AND CREDIT FOR REVENUES
8.1 The City shall pay for the services provided under the then current Service
Level Request (Attachment A) in accordance with the provisions thereof.
8.2 The rates and fees indicated in the Service Level Request shall be
readjusted by the County annually effective the first day of July each year
to reflect the reasonable average cost of such service in accordance with
the policies and procedures for the determination of such rates and fees as
adopted by the County Board of Supervisors and in compliance with
Government Code section 54985.
8.3 The County shall credit the City with the following revenues paid by City
residents toward the amounts owed by the City for services provided under
the City’s Service Level Request in Attachment A: revenues received from
City animal licenses (less applicable license processing fees); revenues
from redemption fees (consisting of impound fees, board fees, quarantine
fees, and microchipping fees) paid by the City’s residents if the animal is
redeemed within the first three days of an animal stay each time an animal
is admitted to a County shelter; revenues from barking dog citations paid by
City residents; and revenues from administrative citations and civil penalties
paid by City residents (less administrative processing costs).
8.4 The County shall retain any of the following fees paid by City residents
without crediting such fees toward the amounts owed by the City for
services provided under the City’s Service Level Request in Attachment A:
revenues from redemption fees (consisting of impound fees, board fees,
quarantine fees, and microchipping fees) paid by City residents for any day
after the first three days of an animal stay each time an animal is admitted
to a County shelter and including, but not limited to, when fees are ordered
be paid by the court or by an administrative hearing officer for dogs
determined to be potentially dangerous or vicious; adoption fees;
spay/neuter fees (and other veterinary fees for services); copying fees;
return check charges; euthanasia and disposal fees; pickup and disposal of
dead animal fees; cremation fees; owner relinquishment of animal fees;
capture and transport fees; license fees for other than dog and cat licenses;
475
Page 6 of 9
permit fees; inspection fees; and other fees paid by City residents and not
required to be credited to the City under section 8.3.
8.5 In the event that a City dog owner establishes the dog owner’s financial
inability to pay costs for an administrative review of a citation or an
administrative hearing deposit, the County will invoice the City to pay the
rates and fees approved by the County Board of Supervisors for such
charges and the City agrees to pay such charges.
9.0 ATTORNEY FEES AND COSTS
9.1 In the event of any litigation (including, but not limited to, any petition
filed by the County Animal Services Director to be heard by an
administrative hearing officer or by the court regarding whether a dog is
potentially dangerous or vicious for an animal residing within the
jurisdictional limits of the City, or any appeal therefrom, when both County
and City have agreed to the County Animal Services Director filing such
petitions in the parties’ service level request, a petition for writ of mandate
under Code of Civil Procedure section 1085 or 1094.5) arising in any way
from this Agreement (including, but not limited to, any Service Level
Request), or the services provided under this Agreement (except for any
litigation between the County and the City), the City shall pay or reimburse
the County for all reasonable attorney fees and costs incurred by the County
in connection with the litigation, including, but not limited to, attorney fees
and costs incurred by the County on behalf of a hearing officer. In the event
of any litigation between the City and the County, each party shall bear its
own attorney fees and costs. The City’s obligations under this paragraph
shall survive the termination of this Agreement.
10.0 PAYMENT PROCEDURES
10.1 The County shall invoice the City during October for services performed
during the period July 1 through September 30; during January for services
performed during the period October 1 through December 31; during April
for services performed during the period January 1 through March 31; and
during July for services performed during the period April 1 through June
30; and the City shall pay the County all undisputed amounts within thirty
(30) days after the date of said invoice.
10.2 If such payment is not delivered to the County office which is described on
said invoice within sixty (60) days after the date of the invoice, the County
is entitled to recover interest thereon. For all disputed amounts, the City
476
Page 7 of 9
shall provide County with written notice of the dispute including the invoice
date, amount, and reasons for dispute within thirty (30) days after receipt of
the invoice. The parties shall memorialize the resolution of the dispute in
writing. For any disputed amounts, interest shall accrue if payment is not
received within sixty (60) days after the dispute resolution is memorialized.
10.3 Interest shall be calculated at the rate of two percent (2%) annually or any
portion thereof, calculated from the last day of the month in which the
services were performed, or in the case of disputed amounts, calculated
from the date the resolution was memorialized.
11.0 RECORD RETENTION
10.1 The County shall maintain adequate financial records during the term of this
Agreement to document its cost of providing services under this Agreement.
The County shall retain financial records for a period of seven (7) years after
payment for services under this Agreement, and shall make such financial
records available for inspection to the City, or the City’s designee, upon
reasonable notice. The City shall ensure such records are handled in a
manner consistent with all applicable privacy laws and all laws related to
public records.
12.0 NOTICES
12.1 All notices (excluding invoices) required by, or related to, this Agreement
shall be in writing and sent by certified mail, return receipt requested,
postage prepaid and addressed as listed below. Neither party to this
Agreement shall refuse to accept such mail; the parties to this Agreement
shall promptly inform the other party of any change of address. All notices
required by this Agreement are effective on the date of receipt, unless
otherwise indicated herein. The mailing address of each party to the
Agreement is as follows:
CITY: City Manager
(attn: Troy Brown
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
477
Page 8 of 9
COUNTY Director, Animal Services
(attn: Jackie Rose)
600 Aviation Drive
Camarillo, California 93010
13.0 SEVERABILITY
13.1 If a court of competent jurisdiction declares any provision of this Agreement,
or application thereof to any person or circumstances, to be unenforceable
or in violation of law, the remaining provisions of this Agreement shall
remain in full force and effect, and to that extent the provisions of this
Agreement are severable.
14.0 WAIVER
14.1 Waiver of any default or breach of this Agreement shall not be considered
a waiver of any subsequent default or breach, nor shall it be considered a
modification of the terms of this Agreement.
15.0 ENTIRE AGREEMENT
15.1 This Agreement, including Attachment A hereto and any amendment
thereof, constitutes the complete and exclusive statement of the parties
which supersedes all previous agreements, written or oral, and all
communications between the parties relating to the subject matter hereof.
All changes or amendments to this Agreement must be in writing and
mutually executed by authorized personnel on behalf of the City and the
County.
/ / /
/ / /
/ / /
478
Page 9 of 9
IN WITNESS WHEREOF, the County and the City enter into this
Agreement as of the last date set forth below.
COUNTY OF VENTURA
Dated:_________________ By______________________
Jackie Rose
Director, Animal Services
CITY OF MOORPARK
Dated:_________________ By________________________
Troy Brown
City of Moorpark, City Manager
ATTEST:
By________________________ _________
Ky Spangler, City Clerk Date
APPROVED AS TO FORM:
By________________________ _________
Kevin Ennis, City Attorney Date
479
ATTACHMENT 2
City of Moorpark
Page 1 of 10
ATTACHMENT A TO COUNTY-CITY ANIMAL SERVICES AGREEMENT
COUNTY OF VENTURA
AND
CITY OF
MOORPARK
FY 2022/23 SERVICE LEVEL REQUEST
PART ONE: AVAILABLE SERVICES AND APPLICABLE BILLING
RATES AND CREDITS
A. Animal Care Services
At the election of the City, the County shall provide the following services:
1. Shelter Services
As may be required, the County shall provide animal care services to the City for
all animals originating within the boundaries of the City (whether picked up in the City or
dropped off at the County’s animal shelter) when there is a stray/abandoned animal,
adoption return, confiscation, cruelty abuse or neglect investigation, or injured wildlife.
The County will accept animals surrendered by their owners dependent upon shelter
capacity. For animals originating in the City and impounded, the County shall provide the
following animal care services: sheltering, boarding, animal adoptions, foster care
coordination, veterinary care and treatment, bite quarantine, euthanasia services, and
disposal of deceased animals. Impounded animals will be vaccinated and provided
necessary care, food and shelter in accordance with the provisions of state law. The
animal’s picture will be posted on the Ventura County Animal Services Division’s (“Animal
Services”) website as soon as practicable to assist the City’s residents in reclaiming a
missing pet. The County will also provide, based upon availability of funding and
resources, owner requested euthanasia, TNR (Trap, Neuter, Return) surgeries for
community cats, and Pet Retention programming. These services will not result in the
animal being impounded to the shelter. The County, in its sole and exclusive discretion,
shall determine the public and non-public hours of operation and the staffing of the County
animal shelters.
480
ATTACHMENT 2
City of Moorpark
Page 2 of 10
The owner or person entitled to the custody of any animal originating within the
boundaries of the City and impounded at a County animal shelter can redeem such
animal by paying applicable fees according to the rates and fees approved by the
County Board of Supervisors accruing up to the time of such redemption.
The City shall be charged for its proportion of the total County animal care service costs
incurred during the fiscal year identified above as set forth below. The County shall bill
the City on a quarterly basis for animal care services based on a weighted three (3)
calendar year average of the City’s pro rata animal intake percentage, as follows:
The three (3) year weighted average will be calculated so that fifty percent (50%)
of the rate is based on the City’s previous calendar year pro rata animal intake
percentage relative to the usage by other cities and unincorporated areas of
Ventura County, twenty-five percent (25%) of the rate is based on the City’s pro
rata animal intake percentage from two (2) years prior and twenty-five percent
(25%) of the rate is based on the City’s pro rata animal intake percentage from
three (3) years prior, illustrated as follows:
Example:
Hypothetical animal care budget: $6,027,354
Camarillo: (10.4% * .50) + (9.9% * .25) + (10.4% * .25) = 10.3%
Future year cost = 10.3% of $6,027,354 = $620,817
Payments of $155,204 made quarterly which will be reduced by any licensing
revenue
2018 INTAKE 2017 INTAKE 2016 INTAKE FUTURE YEAR WEIGHTED AVG
Camarillo 1174 10.4% 1223 9.9% 1109 10.4% 10.3%
Fillmore 198 1.7% 320 2.6% 192 1.8% 2.0%
Moorpark 283 2.5% 245 2.0% 321 3.0% 2.5%
Ojai 44 0.4% 109 0.9% 50 0.5% 0.5%
Oxnard 4112 36.3% 4196 34.1% 3947 37.2% 36.0%
Port Hueneme 409 3.6% 432 3.5% 470 4.4% 3.8%
Simi Valley 1360 12.0% 1363 11.1% 1306 12.3% 11.8%
Ventura 1249 11.0% 1555 12.6% 1253 11.8% 11.6%
County 2494 22.0% 2864 23.3% 1971 18.5% 21.5%
Total Intake 11323 100.0% 12307 100.0% 10619 100.0% 100.0%
481
ATTACHMENT 2
City of Moorpark
Page 3 of 10
The animal care budget will be allocated among the participating cities and the County
based on the weighted three (3) calendar year animal intake percentage formula
described above. The County’s animal care budget shall follow the following three (3)
year fixed-rate schedule:
$6,741,010.13 for fiscal year 2022-2023 (contract year 1)
$7,078,060.63 for fiscal year 2023-2024 (contract year 2)
$7,431,963.67 for fiscal year 2024-2025 (contract year 3)
In addition to the animal care formula charged to the participating cities, in the event
of any animal intake at a County animal shelter originating from the City due to any
law enforcement request, pending court case (including, but not limited to, a criminal
case, a petition for writ of mandate under Code of Civil Procedure section 1085 or
1094.5, and a petition for hearing regarding whether a dog is potentially dangerous or
vicious under Food and Agriculture Code section 31621, or related provisions of City
Ordinance), or a court stay, which results in a County shelter stay of more than fifteen
(15) days, the County shall also charge the City for animal care services according to
the rates and fees approved by the County Board of Supervisors for each day that
each such animal receives animal care services, and any fees have not been paid by
the dog owner within 30 days of the County’s invoice for services being mailed to the
dog owner.
2. Petitions for Hearing to Determine Dogs to be Potentially Dangerous or
Vicious
For any dog impounded to the shelter, the Animal Services Director may bring
petitions for hearing to determine dogs residing within the jurisdictional limits of the
City to be potentially dangerous or vicious under state law and/or City Ordinance
Code. In connection with such petitions, the City shall pay the County according to
the rates and fees approved by the County Board of Supervisors for County employee
time expended (including but not limited to, investigation, the attendance at hearing of
County employees; legal services performed by the Office of County Counsel; and
any services provided by an administrative hearing officer). If the County retains the
services of an administrative hearing officer who is not a County employee, the City
agrees to reimburse the County at the administrative hearing officer’s customary
hourly rate. If the dog owner appeals any determination that a dog is potentially
dangerous or vicious, the City shall pay the County according to the rates and fees
approved by the County Board of Supervisors for the attendance at the appeal hearing
of County employees and the legal services performed by the Office of County
Counsel in connection with such an appeal.
482
ATTACHMENT 2
City of Moorpark
Page 4 of 10
3. Rabies Suppression Record Management
The County shall provide the City with rabies control activity reporting as required by
State Law.
B. Field Services
At the election of the City, the County shall provide the City with the following field services
consistent with County Ordinance and State Law.
For City Ordinance Code provisions that are consistent with County Ordinance Code and
State law, animal control officers may issue citations (administrative or notice to appear)
for violations observed by animal control officers while in the field (and including, but not
limited to, citations issued for: failure to license, barking dog nuisance, failure to vaccinate,
violation of leash laws, violation of mandatory spay/neuter, violation of animal nuisance
orders, and breeding of animals without required permits). The City will be solely
responsible for collection of the citation amounts and processing of any administrative
appeals from these citations issued by animal control officers in the field except for
barking dog nuisance citations which may be handled by the County. The County will not
be responsible for collections or processing administrative appeals from citations issued
in the field and/or citations in which the animal owner is provided notice to appear in court
except for barking dog nuisance citations which may be handled by the County.
The County will provide, consistent with County Ordinance and State Law, response and
investigation of reported animal bite and intimate contact cases to establish that there is
compliance with state-mandated quarantine procedures. This includes a follow-up visit
to verify the health of the animal after quarantine. Shelter quarantine will be at the
discretion of the County.
The County shall charge the City according to the rates and fees approved by the County
Board of Supervisors for County employee time expended in providing field services. The
City shall identify a budgeted amount for field services per fiscal year, as well as the
average budgeted level of hours of service that the City authorizes the County to provide
per week. The County shall notify the City in writing on a quarterly basis regarding actual
hours expended for field services to the City, to enable the City to make the determination
of whether the City wishes to authorize in writing a higher budgeted annual amount for
field services that are not state-mandated. The County will provide the City state-
mandated field services, and the City agrees to pay the County’s costs for all state-
mandated field services, whether or not the City’s budgeted amount or hours for field
services have been exceeded. The County shall be under no obligation to provide the
City with any non-state-mandated field services in excess of the City’s budgeted cost and
hours, in the absence of prior written City authorization to do so.
483
ATTACHMENT 2
City of Moorpark
Page 5 of 10
The County will issue barking dog citations to owners of dogs residing within the
jurisdictional limits of the City upon the required showing being made under City
ordinance regarding the existence of a barking nuisance. The County shall charge the
City according to the rates and fees approved by the County Board of Supervisors for
County employee time expended in reviewing and responding to complaints regarding
barking dog nuisances in the jurisdictional limits of the City, regardless of whether a
barking nuisance citation is ultimately issued. Once a citation is issued, the dog owner
will be responsible for paying the County’s standard fee for any administrative review of
a citation, as well as paying any required hearing deposit to request an administrative
hearing to contest the citation, unless the dog owner establishes to the County the dog
owner’s financial inability to pay, in which case, the City shall reimburse the County
according to the rates and fees approved by the County Board of Supervisors for County
employees providing services based on the time expended per hearing; and if the County
retains the services of an administrative hearing officer who is not a County employee,
the City agrees to reimburse the County for hearing officer services rendered at the
administrative hearing officer’s customary hourly rate.
In the event the City declines to have the County perform field services and transports an
animal the shelter for care, the City shall be responsible for:
(i) Scanning animals for an existing microchip and making all efforts to reunite
a lost animal with its owner based on any microchip information prior to
transporting that animal to a County shelter;
(ii) Making all efforts to use information available from any animal’s personal
ID tag or a pet license to reunite a lost animal with its owner prior to
transporting that animal to a County shelter;
(iii) Vaccinating an animal with current standard vaccinations provided by
Animal Services after an animal has been transported to a County shelter;
and
(iv) Taking a digital photograph of an animal and loading the digital photograph
and other pertinent animal information onto Animal Services’ computer
information system for tracking animals subject to impoundment after an
animal has been transported to a County shelter.
C. Administrative Services
1. Animal License Processing per License
At the election of the City, the County and/or the County’s vendor shall provide the
City with animal license processing services at the annual fiscal year cost of six
dollars ($6.00) per applicable cat or dog license for each animal within the
boundaries of the City. The County and/or the County’s vendor shall mail license
renewal notices to the animal owner of record; and when the renewal and payment
484
ATTACHMENT 2
City of Moorpark
Page 6 of 10
are received, the County will process licenses. If the County and/or the County’s
vendor provides online web-licensing, it shall provide such web-licensing at no
additional cost to the City. Licenses will be required before the County will release
an animal to a resident of the City. The City animal license fees that the County
and/or the County’s vendor collects (less the amount of the County’s license
processing fee of six dollars ($6.00)) will be credited to the City quarterly in arrears
against the amount that the City owes the County under the parties’ animal
services agreement.
2. Automated Administrative Citation Processing
At the election of the City, and consistent with City Ordinance Code provisions, the
County and/or the County’s vendor shall provide the City with an automated
citation service for citations related to licensing, vaccination, (and, if applicable,
mandatory spay/neuter) issued to animal owners within the boundaries of the City.
If the County reaches a determination, in its sole and exclusive discretion, that it
no longer desires to provide an automated citation service to the City (either
directly by the County or through the County’s vendor), the County shall provide
the City with sixty (60) days’ prior written notice before ceasing to provide such
services.
The County and/or the County’s vendor will provide the following automated
citation processing service to the City contingent upon the City’s reimbursement of
actual County costs incurred, and including, but not limited to:
a. actual costs charged to the County by the County’s General Services
Agency for mailing and processing of citations and the cost of one (1) hour
per month for the services of a Field Services Manager/Citations Clerk):
generate auto citations in Chameleon software; send files to the General
Services Agency for processing; receive and review auto citation files from
the General Services Agency to ensure accuracy; send reviewed and
completed files to the General Services Agency for processing and mailing
to animal owners; receive and store finalized PDF file from the General
Services Agency; generate email notification to the City’s staff with PDF
files for further collection and appeals; receive, through a Supervising
Animal Control Officer, communication from City staff regarding citizen
appeals when necessary; and receive updates from the City regarding
customer data to be updated, with the County updating data in Chameleon
software; or
b. actual costs charged to the County by the County’s vendor for mailing and
processing of citations and issuing any required licenses; generating email
notifications to the City’s staff with PDF files for further collections and
appeals; receiving communication from City staff regarding citizen appeals
485
ATTACHMENT 2
City of Moorpark
Page 7 of 10
when necessary; and receiving updates from the City regarding customer
data to be updated.
To the extent that such services are not provided by the County and/or the
County’s vendor, the County will not be responsible for collections or processing
administrative appeals from automated citations. The City will be solely
responsible for collections and for processing any administrative appeals once
automated citations are issued to animal owners.
3. Animal Services Data Management Software Read-Only Access Rights
At the election of the City, the City may have read-only access to VCAS’
Chameleon Software system, therefore allowing the City to have real-time
information regarding cases related to their jurisdiction.
PART TWO: SPECIFIC SERVICE REQUESTS AND APPROVALS
The County will provide the City with the services authorized below:
Animal Care Services:
X The City authorizes the County to provide animal care services for animals
originating within the boundaries of the City during fiscal year 2022/23 according
to the terms and conditions set forth in Part One of this Agreement. The budgeted
cost of animal care services for the City will be $162,013.14 for fiscal year 2022/23.
In addition to the budgeted amount, as more fully set forth in Part One above, the
City will also pay the County, according to rates and fees approved by the County
Board of Supervisors for: (1) animal care services associated with County shelter
stays of more than fifteen (15) days (as further detailed in the last paragraph of
Part 1, Section A.1.; (2) for County employee time expended in connection with
petitions brought by the Director of Animal Services to determine whether dogs
residing in the jurisdictional limits of the City are potentially dangerous or vicious,
and (3) for County employee time expended in connection with any appeals from
such determinations. In addition, if an administrative hearing officer is not a County
employee, the City agrees to reimburse the County’s costs for administrative
hearing officer time at the administrative hearing officer’s customary hourly rate.
Consistent with Section 8.3 of the parties’ Animal Services Agreement, the County
shall credit the City with revenues paid by City residents toward amounts owed by
the City for services provided.
486
ATTACHMENT 2
City of Moorpark
Page 8 of 10
Field Services:
□ The City authorizes the County to provide budgeted field services during fiscal year
_______ of _____________________________; with field services budgeted at
_________ hours per week, to be provided by the County to the City, according to
the terms and conditions set forth in Part One. If it appears that the City may
exceed its budgeted cost and hours for field services: (i) the County will continue
to provide additional state-mandated services to the City, and the City agrees to
pay for those additional state-mandated services according to the rates and fees
approved by the County Board of Supervisors, and (ii) the County will only provide
further field services that are not state-mandated to the City upon receipt of City
written approval for such services, and the City agrees to pay for all such services
authorized in writing by City personnel. The City hereby agrees to the County’s
enforcement of the City’s municipal code provisions in providing field services.
X The City authorizes the County to provide field services only for emergency calls
(requests for an animal services officer by law enforcement or fire personnel,
aggressive animal at large threatening the public, wild animal at large in City area,
livestock at large and in sight, stray animal bite with the animal at large or confined
by a non-owner) at a not to exceed amount of 30 hours for the fiscal year. This
level of service is intended to provide emergency response on an as-needed basis
from the County on behalf of a City that employs its own field services when
requested by the City and the County is able to respond. The City hereby agrees
to the County’s enforcement of the City’s municipal code provisions in providing
field services.
X For any dog not impounded to the shelter, but residing withing the jurisdictional
limits of the City, the City authorizes the County to conduct potentially dangerous
or vicious dog investigations and the Animal Services Director to bring petitions for
hearing to determine dogs under state law and/or City Ordinance Code. The City
shall request the assistance of the County for any animals that are not impounded
to the shelter. In connection with such investigations and petitions, the City shall
pay the County according to the rates and fees approved by the County Board of
Supervisors for County employee time expended (including but not limited to,
investigation, the attendance at hearing of County employees; legal services
performed by the Office of County Counsel; and any services provided by an
administrative hearing officer). If the County retains the services of an
administrative hearing officer who is not a County employee, the City agrees to
reimburse the County at the administrative hearing officer’s customary hourly rate.
If the dog owner appeals any determination that a dog is potentially dangerous or
vicious, the City shall pay the County according to the rates and fees approved by
the County Board of Supervisors for the attendance at the appeal hearing of
487
ATTACHMENT 2
City of Moorpark
Page 9 of 10
County employees and the legal services performed by the Office of County
Counsel in connection with such an appeal.
□The City declines to have the County provide field services.
Administrative Services:
Animal License Processing:
X The City authorizes the County and/or the County’s vendor to provide animal
license processing services for the City during fiscal year 2022-23 according to
the terms and conditions set forth in Part One.
□The City has adopted the license fees set forth in Animal Services’ approved
schedule of rates and fees.
X The City has adopted the following license fees that differ from the license fees
set forth in the Ventura County Animal Services approved schedule of rates and
fees:
Specify:
Altered: 12 month rate is $30; 24 month rate is $60; 36 month rate is $90
Senior (55+): 24 month rate is $30, 36 month rate is $45
Current City license fees were adopted by the City on May 13, 2020. Effective July
1, 2020.
□The City declines to have the County provide animal license processing.
Automated Citation Service:
□The City authorizes the County and/or the County’s vendor to provide automated
citation processing services for the City during fiscal year _______ according to
the terms and conditions set forth in Part One.
X The City declines to have the County and/or the County’s vendor provide
automated citation processing services.
488
ATTACHMENT 2
City of Moorpark
Page 10 of 10
Animal Services Data Management Software (Chameleon) Read-Only
Access Rights:
X The City requests read rights for Chameleon software and agrees to the actual
County Information Technology Services Department VPN costs.
□The City declines to have the County provide Chameleon read rights.
CITY OF MOORPARK COUNTY OF VENTURA
Signature:____________________ Signature:____________________
Troy Brown, City Manager Jackie Rose, Director of Animal
Services
Date:________________________ Date:________________________
489