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HomeMy WebLinkAboutAGENDA REPORT 2023 0607 CCSA REG ITEM 10GCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 7, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. G. Consider Service Level Request Form for Animal Services Between the City of Moorpark and the County of Ventura for Fiscal Year 2023/24. Staff Recommendation: 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: Daniel Kim, City Engineer/Public Works Director) Item: 10.G. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Daniel Kim, City Engineer/Public Works Director Igor Leontiy, Administrative Specialist DATE: 06/07/2023 Regular Meeting SUBJECT: Consider Service Level Request Form for Animal Services Between the City of Moorpark and the County of Ventura for Fiscal Year 2023/24 BACKGROUND AND DISCUSSION Since 1984, the City has had an Agreement with the County/Ventura County Animal Services (VCAS) for various animal and animal control related services. In general, the City’s level of service with VCAS includes the following: • 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 animal 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 other 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 control related hearings. • VCAS provides animal licensing and processing services, with the rates approved by the City. Item: 10.G. 248 Honorable City Council 06/07/2023 Regular Meeting Page 2 In 2020, a five-year agreement was approved, executed, and established a fixed animal care budget for the term of the Agreement. The Agreement also allowed for the budget to increase by 5%, automatically, each year. Although the City only bears a proportionate share of costs, the Ventura County Animal Services budget costs for the five-year term are: • Fiscal Year (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 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. On November 18, 2021, VCAS and the County of Ventura adopted revisions to its Ordinance that required changes to the Agreement that was executed in 2020. The updated Agreement reflects changes to the County’s enforcement procedures for animal nuisance (barking, noise) related matters and established a new process for the determination and enforcement of matters relating to “potentially dangerous and vicious dogs.” On June 6, 2022, the City Council approved a new Agreement with VCAS to reflect the recent changes in the County’s Ordinance and authorized the City Manager to execute a Service Level Request Form for the Fiscal Year (2022/23). Pursuant to the current Agreement with VCAS, an annual Service Level Request (SLR) is to be executed for each fiscal year. The SLR specifies the services to be provided by VCAS to the City each fiscal year and acknowledges any changes in incidental rates associated with providing the services. Attached for the City Council’s consideration is a Service Level Request Form for Fiscal Year 2023/24. FISCAL IMPACT The projected expense for VCAS services for FY 2023/24 is $195,148. Table 1, on the following page, details the cost breakdown by service description. 249 Honorable City Council 06/07/2023 Regular Meeting Page 3 Table 1: Projected FY 2023/24 VCAS Agreement Costs *Assumes 3,000 (projected) licenses processed at $6/license ** Assumes 30 hours of field service performed at $115/hr The draft FY 2023/24 Budget appropriates $277,360 (expense line 1000-441-P0001- 51000) for services rendered by VCAS, per the SLR and Agreement. The draft FY 2023/24 Budget also includes a projected $103,130 (revenue line 1000-441-P0001- 41050) for animal licenses based on FY 2022/23 revenues. The projected net expenditure to the City for FY 2023/24 is $92,018 ($195,148 - $103,130). STAFF RECOMMENDATION 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: FY 2023/24 Service Level Request Form Service Description Expenses Animal Care Services $173,308 License Processing* $18,000 Field Services ** $3,450 Chameleon Access/Server Costs $390 Total $195,148 250 City Of Moorpark Page 1 of 10 ATTACHMENT A TO COUNTY-CITY ANIMAL SERVICES AGREEMENT COUNTY OF VENTURA AND CITY OF MOORPARK FY 23-24 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. 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 ATTACHMENT 251 City Of Moorpark Page 2 of 10 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% 252 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. 253 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 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. 254 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 255 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 256 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 23-24 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 $173,307.84 for fiscal year 23-24. 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. 257 City Of Moorpark Page 8 of 10 Field Services: □ The City authorizes the County to provide budgeted field services during fiscal year 23-24 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 thirty (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 258 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 23-24 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 23-24 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. 259 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:________________________ 260