CITY COUNCIL AGENDA
THURSDAY, June 15, 2023
7:00 P.M. Regular Session
14531 E School St, Amador City, CA 95601
The Agenda can be found on the City's Website: https://amador-city.com/government-agendasmlnutes/
THE CITY OF AMADOR CITY COUNCIL MEETING WILL BE AVAILABLE VIA ZOOM AND IN PERSON.
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Unless stated otherwise on the agenda, every item on the agenda Is exempt from review under the California Environmental Quality Act ("CEQA") per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273,15378,15301,15323 and/or Public Resources Code Section 21065.
1. CLOSED SESSION - No Closed Session
2. CALL TO ORDER AND ESTABLISH A QUORUM FOR REGULAR MEETING
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. REPORT FROM CLOSED SESSION - No Pending discussion
5. PUBLIC FORUM
At this time, the public is permitted to address the City Council on items not appearing on the agenda.
Comments may not exceed 5 minutes. In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda. The City Council may respond to statements made or questions asked or may request Staff to report back at a future meeting on the matter. The exceptions under which the City Council may discuss and/or take action on items not appearing on the agenda are contained in Government Code §54954.2. Public comment on any item listed below shall be limited to five minutes unless additional time Is permitted by the Mayor/Council.
6. CONSENT AGENDA
Items listed on the consent agenda are considered routine and may be enacted in one motion.
Any item may be removed for discussion at the request of Council or the Public.
A. City Council Minutes of May 18, 2023.
Recommendation: By motion approve minutes as presented.
B. Financials
Recommendation: By motion approve financials as presented.
C. City Council Agenda of June 15, 2023.
Recommendation: By motion approve agenda as presented.
7. INFORMATION/CORRESPONDENSE
A. Committee Reports.
1. ARSA; CIRA; RTMF-ACTC; LAFCO; ACRA; AAD (Air); Homeless taskforce; Fire; Museum; Short-term Rental; Parks; Design Review; Maintenance; Cemetery; ACBCA
Recommendation: For discussion and staff direction.
8. ORDINANCES 8i PUBLIC HEARING
A. Revised Sewer Ordinance.
1. Vote on Enacting Ordinance # 184 amending sections of Ordinance # 174 of the Amador City Municipal Code adopting current sewer rate usage policies.
Recommendation: By motion approve ordinance as presented.
9. ADMINISTRATIVE AGENDA
A. ACTC Grant & Sale Tax Proposal.
Recommendation: Current available information to be provided.
B. Cemetery Committee Report & City Finance Request
Recommendation: By motion approve ordinance as presented.
C. Park update (Schedule, Costs, Bidding Process, WGA costs to date).
Recommendation: Current status of bids and project status.
D. Amador City Hall Apartment Afire update.
Recommendation: Current available information to be provided.
C. RMRA Projects Resolution.
Recommendation: By motion approve ordinance as presented.
D. Animal Services - Letter & Enforcement Services Agreement.
Recommendation: By motion approve ordinance as presented.
E. Resolution #610 Delinquent Sewer Bills
Recommendation: By motion approve ordinance as presented.
E. Updates to MUNI Code-Volunteers to Participate
Recommendation: Current available information to be provided.
10. MAYOR AND COUNCIL MEMBER REPORTS
This section is to provide Council members an opportunity to present updates on their activities and to request items be placed on future agendas.
11. CITY MANAGER'S REPORT
This section is an opportunity to provide Council members with a brief status update on staff activities. No action is expected to be taken by the Council.
12. CITY ATTORNEY'S REPORT
This section provides an opportunity for the City Attorney to report on any activities or upcoming legislation of importance to the City. No action is expected to be taken by the Council.
13. STAFF REPORT
A. Permit Log.
B. Temporary Occupancy Tax - Status; Collections
14. FUTURE AGENDA ITEMS
This section provides an opportunity for Council members to request items to be added to the agenda in the future with a majority Council vote.
15. ADJOURNMENT
The next regularly scheduled meeting is July 20, 2023 @ 7:00pm; Amador City Hall
AMADOR CITY COUNCIL
MINUTES OF REGULAR MEETING MAY 23,2023
1. CLOSED SESSION - Attorney advice for 2 contractual matters
2. CALL TO ORDER AND ROLL CALL - Kel-Artinlan, Bragstad, Staples present, Sherrill absent
3. PLEDGE OF ALLEGIANCE
4. REPORT FROM CLOSED SESSION -1. Eric Marks $600 deposit will be refunded 2. Agreement reached for laix fA D9v> Orocotnri fnr hie AmaWnr MAfal cota/or hill
5. PUBLIC FORUM - A. Amplified music downtown is too loud. Complaints received from surrounding neighbors, to be on June's agenda. Noise Element in General Plan to be researched. B. Council member Bragstdu raised cuiiCehi rcii Safety uuilng Council Meeting. Can we lock Councl! door.
Sheriff to attend meetings...a possibility. City Manager will handle issue.
6. CONSENT AGENDA- Budget for next year to be ready for June meeting. Bragstad moved, 2"** by Staples to approve Consent Agenda.
7. INFORMATION/CORRESPONDENCE - Committee Reports: ARSA - No new manager yet.; CIRA - Meeting May 24, our claim is not on their list yet; ACTC - Anne Kel-Artinian and Susan Bragstad met with John Gedney, a grant of $200,000 for 10 years for road repair is available, John Gedney to be on June agenda, a .25% sales tax is a possibility which would be on General Election ballot. Visitors would pay the tax rather than residents. Amador County might get a share of revenue.; LAFCO - Met last week. Boundary reconfiguration in Sutter Creek, seeking new Director; ACRA - $2,000 for First Aide Certification, impact fees waived for veterans and their families, pools open in County, 35 participants in Fun Run 5K and lOK, see ACRA website for activities for all ages and groups; AIR - May extend grant for EVC. Bruce Sherrill may be DrAi>a rinn r>< mant/ \/anHAfX* PIRP
r——
Ask Fire Chief Moreno about brush clearing on 49 coming into Amador City from south; Museum - Nothing; Design Review - Nothing; Maintenance -City Oean Up June 10*; Cemetery - Four members on Committee, deveioping plan and would like to be on June dgenud; SliOrt TenVi nentals - VRBO. Michael Gornet has reported Income but not paid TOT. We need to limit number of units in City; ACBCA-Nothing
8. ORDINANCES & PUBLIC HEARING
a. Rescind Ordinance #184 - Sewer Rate -Councilperson Staples moved, second by Bragstad, to Rescind Ordinance #184, approved unanimously,
b. Revised Ordinance #184 - First Reading and enact Ord. #184 amending sections of #174 adopting current sewer rate usage policies.
Secure TOT froiM Air unC anu
Councilperson Bragstad questioned Breakeven Brewery rate and was told they are in compliance with Ordinance and worked with Grant Reynolds to develop appropriate rate.
9. ADMINISTRATIVE AGENDA
hM DM r\9/-l/anA ho ro\/IcoH rnunrilnorcnn
Bragstad asked why is there such a discrepancy between Engineer's estimate and bid. b. Amador City Hall, Apt. A - Cause of fire unknown. City will meet with insurance adjuster. Lead conidminaLion luuSl be icmculdLeu. Entire project Wiii
Hall room unharmed by fire; however, the entire building should be rewired (electricity).
Apartment B will be remediated when vacant.
● I ic lUt ue lA^lipiClCU MCI VI 7
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c. Leap Grant - Resolution Hazard Report, Update City Code - Motion made by Bragstad, second by Staples, approved unanimously,
d. Approve and Oath of Office - Russell Robinson - Bragstad moved, second by Staples to approve Russell Robinson as new Council Person. Robinson was sworn In and took his seat at the table, e. Municipal Code to be updated. New Ordinances to be codified, Councilperson Staples and Treasurer Holly Groth will volunteer.
10. MAYOR AND COUNCIL MEMBER REPORTS - Mayor Kel-Artinlan reported meeting with City Manager of Sutter Creek, more openness between two cities, Sutter Creek City Council to work with Amador City Council on projects. Folk Art Festival may work with Sutter Creek and other cities.
CITY MANAGER'S REPORT - The full Council must have Brown Act Training and Sexual Harassment Training Pole earmarked for replacement by the Lindsay residence. Shades can be requested for streetlights.
Nothing
STAFF REPORT - A. Permit Log, B. City Clean Up June 10
FUTURE AGENDA ITEMS - Security, amplified music, budget review, cemetery ADJOURN - NEXT MEETING JUNE 15, 2023
11. 12.
13. 14.
15. Amador City Pioneer Cemetery Master Plan
Executive Summary
The Amador City community is committed to honoring and preserving the important historical and cultural significance of the Amador City Pioneer Cemetery. This Cemetery Master Plan has been prepared by the Amador City Cemetery Committee \A^ith consultation \with the Amador County Cemetery Board, current and former Amador City Council members, the Amador Whitney Museum, and community members at large. This plan is solely focused on the Amador City Pioneer Cemetery; in the future Amador City may elect to create a similar plan for the Oak Knoll Cemetery.
The Amador City Cemetery Committee members involved in creating this plan include:
● ALaina Lyons, Amador City resident. Organizational and administrative support. ● Claudine Burnett, Amador City resident (part-time). Historical and cultural research. ● Cindy Del Fava, Amador City resident. Fundraising support for future capital projects. ● Sandy Staples. City Council member. Primary point of coordination with Amador City A . HA*
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The goal of this plan is to provide a comprehensive yet achievable set of recommendations to I
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and visitors, while preserving and honoring its cultural and historical value.
The plan has been shaped by three primary guiding principles:
● Perpetually preserving the history and architecture of the cemetery. ● Creating a safe, attractive, and sustainable environment to share the history of the cemetery with the residents and visitors.
● Soliciting contributions and volunteer effort from individuals and local organizations to augment the city’s resources to complete projects within the cemetery.
Background
A “Pioneer” cemetery is generally referred to as a cemetery that is the burial place for pioneers, with founding dates spanning from the late 18th to early 20th centuries. The Amador City Pioneer Cemetery is one of more than 20 Pioneer Cemeteries in Amador County and is located near the center of town, allowing easy access to visitors. While the cemetery is no longer an active internment site, the first known interment in the Amador City Cemetery was in 1851.
Pioneer cemeteries differ from modern cemeteries in that they tend to be more rustic and informal. Typically, Pioneer cemeteries are not irrigated, and plantings are limited - often only having an eclectic collection of established trees with few shrubs and no lawns.
For the most part, Pioneer Cemeteries in Amador County have little to no vegetation other than some mature trees. They are sparse and appear to be maintained by using chemical (herbicide) weed suppression. Few have wayfinding signs to provide historical context about those who are buried there Amador City’s cemetery is unique in that it has significantly more vegetation than most, and also has posted markers detailing interesting historical and cultural anecdotes about some of the decedents (for reference see attachment: Amador City Cemetery CoiTiparative Current Slate).
6/8/2023
Amador City Pioneer Cemetery Master Plan
Existing Conditions
Over the years, the city and community members have been involved in periodic efforts to maintain the cemetery, however the ad hoc and inconsistent nature of these activities combined with the lack of a city funded maintenance plan have resulted in the condition we find today; unmanaged vegetation, public safety hazards, and the historical wayfinding signs in ruin.
The extraordinarily wet winter in 2023 has encouraged aggressive and persistent weed growth, rendering many parts of the cemetery, including the pathways, inaccessible. The excessively cold weather this past winter has also proven to be fatal to several non-native plants and trees.
There are other concerns about the health and stability of the large trees located in the ^'^met^ry
The overgrown and unmanaged vegetation obscures many of the historic grave sites.
Headstones are unreadable, and wayfinding signs and markers are broken, unreadable, and in many cases, laying on the ground. Some of the vintage fencing around the graves is damaged iikc;iy nuiii Tdiiei i lice iiinud.
Throughout the cemetery there is landscaping debris - piles of bricks, wire mesh, broken plant stakes, abaridOi'ied tOOiS — whici'i afe fiOt only uriattraCtlve, but also pose Safety COi'iCetTiS because they are obscured by overgrown vegetation. Other safety risks include fire danger, fallen tree limbs, trip and fall hazards, and snakes.
Operating Model
Currently the city does not provide formal guidance and/or governance about what work can be done in the cemetery and by whom. There is no budget allocated to properly maintain the condition of the property. Because of the significant cultural and historical value of the Pioneer Cemetery, it is recommended that the city take a more active role of not only managing the condition of the property and the improvements that are made, but also providing sufficient funding to effectively restore and maintain the city’s asset.
RpnnnniTinn thp c+rnnn hi<;tnr\/ nf rnmmi inity intprp«5t in rpmptpn/ imprnvpmpntc: wp pnrni iranp the establishment of a public/private partnership to accomplish the maintenance, improvement, and operations of the Amador City Pioneer Cemetery. This type of self-sustaining public/private support modei can augment the maintenance budget and provide additional funding and volunteer efforts to support enhancements consistently over the long term.
The public (city government) role in the partnership would be in the form of the Amador City Council and Cemetery Committee, who will act as a clearing house for cemetery-related activities, developing guidelines, providing administrative oversight, securing annual city funding for routine maintenance of the property, and coordinating with the Amador County Cemetery Board
The private (community) role in the partnership would take the form of a volunteer corps - a “Friends of the Amador City Cemetery” group made up of interested community members who will volunteer their time to work on discreet projects, and/or raise funds to support additional capital projects.
6/8/2023
Amador City Pioneer Cemetery Master Plan
Maintenance Plan
The suggested approach for enhancement and maintenance of the cemetery balances the need for consistency, affordability, drought and deer tolerance with the level of effort required to maintain over time.
Activities in the Maintenance Plan fall into three categories; ● Urgent One-time Maintenance: items that require immediate attention to reduce safety hazards and improve visitor experience.
● Routine Scheduled Maintenance: ongoing maintenance routine with a discreet project list (weed suppression, vegetation management, pathway maintenance, etc.) ● LOnuet Tettti Polenliai PtOieCiS. addilionai wayriiidiiiy Siyris, upgrades lu Ihe iiiiyauOri system, repairs to fencing, additional plantings, storage sheds, etc.
For 2023, the committee is estimating the total estimated expenses to be:
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● Friends of Amador City Cemetery (FOACC): $7,000
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● Amador City: $1,000/year
» Friends of Amador City Cemetery (FOACC): TBD
Activities Funder Timing Budget Comments Category
Weed eating, brush
clearing, debris
removal, pathway
rehabilitiation
Priority to accomplish prior to
summer heat to reduce risk City ASAP $750
Urgent One-time Maintenance
Priority to accomplish to
reduce risk
Tree trimming and
maintenance
City ASAP $2,600
Utilize funds raised in 2016 as
promised
Grave sign marker
replacement
FOACC ASAP $7,000
Weed suppression,
vegetation mgmt,
pathway clearing
Purchase and plant
new plants
Contract with professional
gardener
City Quarterly $1000/yr
Routine Scheduled Maintenance
City & FOACC TBD TBD As needed
Dig and divide Iris
beds
FOACC Fall 2023 $0
Volunteer project
High efficiency
irrigation
City TBD TBD As needed
FOACC to raise additional
funds Longer Term Potential Projects City & FOAC TBD TBD Small storage sheds
FOACC to raise additional
funds
Develop additional
wayfinding signs
FOACC TBD TBD
The Ask
Amador City Council to approve funding and permission to move forward with Urgent One-time Maintenance activities.
6/8/2023
Ami a dor County
Cemeteries
oneer
Comparative Current State Conditions of select ' ites
June 7, 2023
Limited landscaping or vegetation
Likelihood of chemical weed suppression
♦♦♦ No historical wayfinding markers
♦> Privately maintained gravesites
I Shenandoah Valley Cemetery
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Limited landscaping or vegetation
❖ Likelihood of chemical weed suppression
❖ Plastic graveside decorations
<♦ No historical wayfinding markers
I Plymouth City Cemetery
Limited landscaping or vegetation
♦♦♦ Likelihood of chemical weed suppression
*> Plastic graveside decorations
Limited wayfinding markers
I Jackson City Cemetery
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Some landscaping or vegetation
♦♦♦ Likelihood of chemical weed suppression
Plastic graveside decorations
❖ No historical wayfinding markers
I Sutter Creek City Cemetery
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● Landscaping and vegetation unmanaged
● Severely unchecked weed invasion
● Damaged fencing and gravesites
Amador City I Cemetery
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Weeds encroaching donated commemorative brick patio
Broken and/or faded historical wayfinding markers
Gravesites obscured by overgrown vegetation
Large trees requiring maintenance
Amador City I Cemetery
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Overgrown vegetation throughout
Limited weed removal and management
Pathways obscured by weeds and vegetation
Damaged historical wayfinding markers
Amador City I Cemetery
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RESOLUTION NO.
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 {SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $4,846 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the year in which the City is receiving SB 1 funding and wilt enable the City to continue essential road maintenance and rehabilitation projects and safety improvements for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the funding from SB 1 will help the City maintain approx. 3 streets/roads, throughout the City this year and similar projects into the future; and WHEREAS, the 2022 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in an "at-risk" condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a "lower risk" condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure, with a focus on basic maintenance and safety, will have positive benefits citywide.
WHEREAS, the City recognizes that it's needs and priorities may change with regards to roads throughout the Fiscal Year 2023-24, and therefore reserves the right to re-direct RMRA funds to other necessary road maintenance and rehabilitation projects, should the need arise.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Amador, State of California, as follows:
1. The foregoing recitals are true and correct.
The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:
2. Project Title: Routine Weed Abatement
Project Description: Weed abatement/spraying along city roads Project Location: Various city roads
Estimated Project Schedule: Start (01/24)- Completion (03/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 1 year
Project Title: East School Street Stop Sign Road Markings Project Description: Stamp/paint road with "stop sign ahead" and "stop" markings Project Location: East School Street
Estimated Project Schedule: Start (08/23)- Completion (10/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 5 years
Project Title: Old Hwy 49 Solar Speed Sign Weed Abatement / Tree Removal Project Description: Weed abatement/tree removal to clear area around solar speed sign so sign gets more sunlight and is more visible to motorists.
Project Location: Weed abatement and tree removal along south end of Old Hwy 49 near solar speed sign.
Estimated Project Schedule: Start (09/23)- Completion (3/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 3 years
PASSED AND ADOPTED by the City Council of the City of Amador, State of California this 15th day of June , 2023, by the following vote:
Ayes;
Noes:
Absent: Anne Kel-Artinian, Mayor
Abstain:
Joyce Davidson, City Clerk
GENERAL SERVICES ADMINISTRATION
MAIL: 12200-B Airport Road, Jackson, CA 95642
LOCATION: 12200-B Airport Road, Martell, CA
PHONE; (209) 223-6375 FAX: (209) 223-0749 E-MAIL: jhopkms a iunadorgov.org May 30, 2023
Amador CiW
Attn: Joyce Davidson, City Clerk
PO Box 200
Amador Cit>', CA 95601
RE: Animal Related Services
Dear Ms. Davidson:
This letter is to request your input and coordinate animal-related services within your city. As I am sure you are aware, counties and cities in California are responsible for their own animal-related services. Your city has relied on County Animal Control and Care (ACC) to provide nearly all animal-related services for over 40 years. In the past, service agreements for field services with the cities have been in place, but in recent years these have not occurred.
Additionally, the County' has been generous in providing an avenue for city residents to bring their animals to the shelter (shelter and licensing services). Tliis trend has slowly escalated and overtime has led to greater consumption of County resource.s and fiinding. We areata point where the County can no longer support your city’s responsibility for animal-related services as it is currently structured.
The County has Uvo distinct areas of animal related services. The first is Shelter andLicensim Services which includes, but is not limited to: housing, feeding, cleaning, in-shelter medical care, vaccinations, preparing specimens for . I ●
laui^a iC'duiig, laui^o (.C'Ouiiig, vuuioiiaoia oiiu u^iiaviuiai iicwidiu^, auupLiuiid, night-drop kennel housing, and customer service.
1 ● 1 ^
The second is Field and Enforcement Services winch includes, but is not limited to: 24 hour service, bite investigations, off-site quarantine, rabies responses, potentially dangerous and vicious dog investigations, off-site medical care, off-site euthanasia, livestock mitigations, injured and sick animals, trqjping of domestic animals, picking up dead animals, citations, investigating animal neglect and cruelty, conducting pre-seizure and post-seizure hearings, kennel pemiitting, education, advice, and guidance.
Please note: There are additional costs associated with the county staffs response to requests made by the city, w'hich Rre nnt beinp canhireH in tho invoices sent to the city These costs may include overhead exnenses such as administrative and operational expenses, as well as indirect effects such as reduced availability of resources for other tasks.
To address this issue, it may be ncccssaiy' to review' the current billing process and identify any gaps or inefficiencies that prevent full capture of all relevant costs. This could involve working closely w'ith botli the ACC and iuc uiiy i.L> ciiauic iaiai. on uiicci tuiu iiiuiict-i. uusls cue aeeouutcu loi, cuiu ucvciopiiig a. iiiuic euiupiciiciisivc system that accurately reflects these costs.
Ultimately, it is important to ensure that all parties involved are aw'are of the true cost implications of their actions, so that they can make informed decisions about resource allocation and budgeting. By addressing these issues proactively, we can help to improve transparency and accountability in our local government operations.
We looked at cit>- averages based upon the exact numbers of animals that came from your city. We discovered, tliat in any given year those numbers can spike or decrease for various reasons. We found that using your population numbers generated far more consistency which allows a city to budget appropriately for future services should they be requested.
Currently the impact of shelter and licensing services, based on the city’s population of the 2020 Census Bureau less the prison population of 3,864 is as follows:
Amador Count}’ - Incorporated Cities Included 37,324 %
Amador County' (Unincorporated)
City of lone
City of lacksnn
City of Sutter Creek
City of PK-mouth
Amador Citv
22,264
5,638
.5.292
60 15
14 2,786 7
1,135 3
209
1' 1 utiacu uii pupuiainjn jjticciiuigc, iiguics ivjuiiui:;u lu iiic iictucai uuiuu.
Amador County (Unincorporated)
City’ of lone
City of Jackson
City’ of Sutter Creek
City of PKinoutli
Amador City
$736,073
$184,018
$171,750
$ 85,875
$ 36,803
$ 12,267
Tliis amounts to approximately 40% of our operating budget and resources. While this impact has evolved overtime it is now far beyond the County’s responsibilities or current available resources Tins also affects the shelter in following areas:
1. Animal Control is frequently inundated with animals from cities that force the shelter to be closed during hours in which we are advertised to be open. Tliese closures cause service to be unavailable to the citizens the \_uuuiv SCI vca.
2. The number of animals received from cities impacts our budget disproportionately.
3. Increases in shelter services have amplified stress and compassion fatigue for employees, resulting in reduced productivity, increase loss of qualified staff and/or workers compensation claims.
4. Volunteers that are a fundamental requirement for animal shelter success, are also stressed and difficult to recruit.
5. Higher animal populations increase euthanasia rates. By State law, euthanasia requires two staff be present. 6 CiK’’«; influence accelerates deterioration of ennipment and facilities
7. Officers are burdened with additional calls and responses from tlie cities. Staff efforts focused on city animalrelated matters reduces the level of service and care for the unincorporated areas the County is responsible for.
8. The percentage of subsidizing city animal-related services has continued to grow and has increased conflicts between the Count\- and Citv.
9. One full-time Animal Care Tech I cost approximately $97,572.80 per year with benefits and an Officer is approximately $109 283 20 per year These resources are needed to support City influences
Therefore, in order to receive future assistance from ACC for either, shelter and licensing services, or for requested field and enforcement services, I am reaching out to you to determine how your cit>' desires to proceed. If you want to enter into an agreement for shelter and licensing services and/or field and enforcement services which would continue to be billed directly; please see the attached draft agreement for consideration. Please keep in mind tliat agreements will include monefar\' increa.scs annually for any increa.ses in our operations such as employee’s benefits or salaries, veterinary' rates, goods and supplies, equipment and all cost of operations. Unfortunately, should you elect not to enter into an agreement for service, we must cease services to your city residents and to your law enforcement personnel. Our targeted date for this to take effect is July 1,2023. ● .t ● r lca^c iiuic* i uc^c 50i vl^c^ wiumi a^icciuciu uu uui iiiv^iuuc oc/ ui uic ui iiiiiig ui lui example, potentially dangerous and vicious dog cases. Services for animal nuisances, such as barking dogs, shall be handled by each City.
With limited County resources and funding this creates unnecessary direct and indirect conflicts bet\veen the agencies. Cooperative agreements are a mechanism that can solve these issues, are common, and can be beneficial for both parties. Yourcity may also choose to not use the County whatsoever. Either way, I encourage you to contact me regarding how we can plan on correcting whai has become unmanageabie.
Tliis letter has been sent via email to you, kindly acknowledge receipt oftire email. Please contact me directly at 209-223-6759 should you have any questions.
Sincerely,
i)lU
Jon Hopkins, General Services Director
Attachments: Draft Agreement for Services
Cc. Chuck Iley, CAO
Evan Jacobs, Animal Control Director
1 lie
AGREEMENT FOR ANIMAL SHELTER AND LICENSING. FIELD AND
FNFORrFlVIENT SFRVirFS RFTWFFN THF TTTY f 1 AND THF rOTTNTY
OF AMADOR
THIS AGREEMENT FOR ANIMAL FIELD, SHELTER AND LICENSING SERVICES (“Agreement”), is made and entered into as of [DATE] (“Effective Date”) by and between the CITY ], a Municipal Corporation (“CITY”), and the COUNTY OF AMADOR, a political subdivision of the State of California (“COUNTY”), collectively referred to as the “Parties” and individually as a “Party.”
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RECITALS
WHEREAS, CITY desires to contract with COUNTY to provide animal shelter and licensing, field and enforcement services for the purpose of safeguarding the health and safety of CITY’s population and the health and safety of its domestic animals;
WHEREAS, CITY desires to promote the humane treatment of animals; \VHEP.£AS COL^NTY has the personnel and experience to j^. enter into a contract with CITY for the provision of such services subject to the terms and conditions for compensation as hereinafter set forth; and
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and advantages herein stated the Parties hereto aeree as follows'
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SECTION 1. QBLIGAT10NS_QF PARTIES
A. Recitals:
1. The aforementioned Recitals are true and correct and incorporated herein by this reference.
B, County Obligations:
i. UUUN1 Y snail provide tne sneiter ana licensing, tieia ana entorcement services witnin me corporate limits of CITY as outlined and specified in Exhibit A, Scope of Animal Shelter and Licensing Services, Exhibit B, Scope of Animal Field and Enforcement Services, attached hereto and by incorporated herein by this reference.
C. City Obligations:
CITY shall reimburse COUNTY for the services performed and the expenses incurred as set forth in Section III., Compensation, and pursuant to the terms and conditions of this Agreement.
1. CITY shall be responsible for handling, whether directly and/or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals, enforcement actions, and “vicious” or “poteniiaiiy dangerous” petitions arising under the 2 Paget of 17
services provided in this Agreement. COUNTY shall cooperate with CITY in making available snr.h COUNTY animal control service emnlovees for such nroceedinps if necessary for providing testimony or information.
In order for COUNTY to provide the full scope of services to CITY under this Agreement, within six months following the Effective Date of this Agreement, CITY shall adopt the current verbatim language of Amador County Code Section 8.04 (“Animal Control Ordinance”), and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinance, from time to time. Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction.
3. SECTION 11. PERIOD OF PERFORMANCJE
The Effective Date of this Agreement shall be from the date set forth above through June 30, 2025.
Thereafter, this Agreement shall automatically renew annually for one year periods starting on July U iinles.s either nartv provides notice of non-renewal on or before 120 davs nriorto the annlicahle expiration date.
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A. Shelter and Licensing Services. CITY shall reimburse COUNTY for the services performed and the expenses incurred in accordance with the terms of this Agreement, a guaranteed amount of [ ] DOLLARS ($[
DOLLARS ($[
of COUNTY and any additional costs and fees incurred under this Agreement. Payment shall be ]) payable by the CITY quarteriy in four (4) equal payments of [ ] ]), subject to any applicable rate changes adopted by the Board of Supervisors uu«.^ aiiu yay «.|ucu .
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B. Field and Enforcement Services. COUNTY shall submit monthly invoices in arrears indicating for the services performed, hours of work expended (in quarter-hour increments), applicable hourly rate for person(s) performing the Enforcement Services, and itemize any reimbursable expenses, such as veterinary care in connection with any animal from the CITY. Compensation to COUNTY for Enforcement Services shall be paid on a time-and-materiais basis, in accordance with me fee schedule and list of reimbursable expenses set forth on Attachment A attached and incorporated by this reference. CITY shall make payment to COUNTY within 30 days of the invoice for payment.
C. COUNTY, through its Board of Supervisors, shall have the authority to amend the rates, fees, and/or list of reimbursable expenses from time to time during the term of this Agreement to reflect actual costs. Any Board approved rates or fees shall automatically be incorporated into this Agreement and payable by CITY. In the event CITY objects to any amended rate or fee, the CITY may within fourteen (14) days of notice of an amended rate or fee, terminate this Agreement as provided in Section VT of this Agreement If the CITY provides timely notice of termination following an amended fee schedule, the previous fee schedule shall remain in effect until the termination becomes effective.
SECTION IV. HOLD HARMLESS/INDEMNIFICATION
CITY shall indemnify and hold harmless the County of Amador, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resuuing from any reason whatsoever arising from the negiigent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement CITY shall defend^ at its sole expense all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Amador, their respective directors, officers.
Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim or action based iinon such alleged acts or omissions A.
B. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’s indemnification to COUNTY as set forth herein. CITY’s obligation to defend, indemnify and hold harmless COUN TY shall be subject to COUN TY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related 0/^+1 oc tV.A no ca rr> o\f Ko or» A 1 tvPrvfrv> oti om/1 r'iS'Sc/^noKl o occi ot riTV’cc ovrxonco rXr tV>d VA 4 M14V4 4 W40 4 > A W hJ 4 4C44 4 W W
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defense or settlement thereof. CITY’s obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.
The specified insurance limits required in this Agreement shall in no way limit the CTTY’s obligations to indemnify and hold harmless COUNTY herein from third party claims.
C.
COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts, Special Districts and Departments, their respective directors, officers. City Council, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of COUN'l'Y, its otficers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not 1 1tY^1 tori trv
whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. COUNTY shall defend, at its sole expense, all costs and fees including but not limited to attorney oof?t of invesitiaation Hefenf^e and settlements or awardf^ of all A P'enries Districts Special Districts and Departments of the CITY, their respective directors, officers, City Council, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.
D.
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With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall at its sole mst have the right to use eoiinsel of its own r.hoir.e anH shall have the ri eht to adiiist settle, or compromise any such action or claim without the prior consent of CITY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’S indemnification to CITY as set forth herein. COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at COUNTY’S expense, for the defense or settlement thereof COUNTY’S obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim invnlveH
E.
F. The specified insurance limits required in this Agreement shall in no way limit the COUNTY’S obligations to indemnify and hold harmless CITY herein from third party claims.
SECTION V. INSURANCE
L-ii 1 ana L.uuiNi y rinance tneir iiaDiiiiy, propeny ana woncers compensation nsKs tnrougn a combination of self-insurance and insurance. Both parties are knowledgeable of each entity’s risk financing programs and agree to rely on these programs to pay for any liabilities, losses, costs, suits, claims, judgments, expenses, fines or demands of any kind that may arise under the terms of this Afireement.
SECTION VL TERMINATION
A. Either Party may terminate this Agreement without cause upon six (6) months advance written notice served upon the other Party stating the extent and effective date of termination.
After receiving a notice of termination from CITY, COUNTY shall stop work under this Agreeme.nt on the date specified in the notice of terminatiori and after termination CTTY shall make payment to COUNTY for performance up to the date of termination in accordance with this Agreement.
B.
SECTION VTI. FORCE MA.TEIJRE
If either Party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God. acts of war, civil disorders, or other similar acts, such Party shall not be held liable for such failure to comply.
SECTION vm. AMENDMENTS
Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the Parties hereto, and shall have the approval of the Board of Supervisors of COUNTY and CITY’s City Council.
This Agreement, including any exhibits, constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing.
SECTION IX. SEVERABILITY
tacn paragrapn or provision or tnis i is severaoie trom eacti otner provision, ana it any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in f"!! fnrr.p anH
SECTION X. RECORDS
COUNTY shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received therehv according to eenerallv recoi?ni7ed accounting principles. Such records and/or animal control operations of COUNTY shall be open to inspection and audit by CITY or its authorized representative as is deemed necessary by the CITY’s City Manager, or designated representative, upon written notice to COUNTY.
SECTION XI. NO THIRD PARTY BENEFICIARIES
This Agreement between the Parties is intended for the mutual benefit of the two signing Parties only No rights are created under this Agreement in favor of any third narty or anv nartv who is not a direct signatory to this Agreement.
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The Parties shall attempt to resolve any disputes amicably at a working level. If that is not successful, the dispute shall be referred to the senior management of the Parties.
A.
Prior to filing any legal action related to this Agreement, the Parties shall be obligated to attend a mediation session in Amador County before a neutral third party mediator. A second mediation session shall be required if the first session is not successful. J'he Parties shall share the cost of the mediations.
B.
This Agreement shall be governed by the laws of the State of California. Any legal action related to the nerformanceor intemretation of this Agreement shall he filed onlv in the Sunerior Court of the State of California located in Amador, California, and the Parties waive any and all provisions of law providing for a change of venue to another location.
C.
SECTION xm. ASSIGNMENT
Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by the Parties without the prior written consent of the other Party. CITY and COUNTY hereby agree to the full performance of the covenants contained herein.
SECTION XIV. NOTICES
All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective Parties at the addresses set forth below and are deemed submitted two (2) days after their deposit in the United States mail, postage prepaid;
COUNTY:
Deoartment of Animal Services
Attention: Director
12200-B Airport Road,
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CITY:
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Attention: City Manager
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SECTION XVI. CONTRACT PERFORMANCE
COUNTY’S Director of Animal Services, or designated representative, shall meet as necessary to discuss contract ncrfotmance with CTTY’s Citv ManaL^er or Hesipnated rcnrcscntativc
SECTION XVIL HEADINGS
The Section and other headings contained in this Agreement are included for the purpose of convenient reference only and shall not restrict, amplify, modify or otherwise affect in any way the meaning or interpretation of this Agreement or the exhibits and schedules hereto.
SECTION xvm. COUNTERPARTS
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SECTION XIV. WAIVER OF BREACH. RIGHT OR REMEDY
The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy permitted the waiving Party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shaii not waive or be construed to waive a breach of violation of any other provision, and (c) shall be in writing and may not be presumed or inferred from any Party’s conduct. Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shaii be in addition to every other remedy granting in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise.
The election of anv one or more remedie.'? bv a Partv shall not constitute a waiver of the right to ^ J ^ w pursue other available remedies.
SECTION XV. INDEPENDENT CONTRACTOR
The COUNTY is acting as an independent contractor to the CITY under this Agreement. Each Party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of another Party to this Agreement.
SECTION XVI. COOPERATTQN. FURTHER ACT
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additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives tr» pvprntp tViR Aarppmpnt
COUNTY OF AMADOR CITY OF [ ]
BY; BY;
Chairman, Board of Supervisors Mayor, City of [ ]
ATTEST:
JENNIFER BURNS- Clerk of the Board of
Supervisors
ATTEST:
Citv Clerk
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APPROVED AS TO FORM:
Office of the County Counsel
APPROVED AS TO FORM:
Counsel for City of [ ]
BY: BY;
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SCOPE OF ANIMAL SHELTER AND LICENSING SERVICES CITY OF [
EXHIBIT A
The COUNTY agrees to provide the following Animal Shelter and Licensing Services for the r'TT'V A 11 ^ r*r^rvi r*vT» r
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A. COUNTY ANIMAL SHELTER LOCATION
1. Shelter Location: The COUNTY shall maintain CITY’S animals at the County Animal Shelter (“Shelter”).
The COUNTY shall be responsible for the operation and maintenance of its shelter. oi-.i.*.... wi. - c ^ iT-T r .1. -11 1. . -C
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B. DEFINITIONS
1. Animal Shelter Services” shall include the following activities and services:
a. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and ail sua^ annuals.
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b. Redemption, treatment, sale, adoption, and/or disposal of all animals, c. Counseling and advising animal owners,
d. Posting on Shelter’s website of photographs of all newly impounded animals and identifying each animal individually,
e. Ensuring that all dogs, four (4) months and older, released from the COUNTY to a resident of County of Amador are licensed and, if not licensed, to sell license to the ^ J.U . - - 1 .. i - J_. . i? . .T. .1 _
UWllCl U1 UUICI pci^uu IclMU^ U/Ubtuuy KJi MiCll uuy. Ill ttCrUUlUdlIV.iC WlLll 1 1 ordinances, require the micro-chipping of released animals at the owner’s expense, f Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing those animals that are euthanized and the reasons for such euthanasia on an animal-by-animal basis. This log shall include whether the animal was unhealthy and/or unsuitable for adoption,
g. Proper disposal of dead animals.
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inciuucij, uuL IS iiui iiuiiLcu LU piuviuiiij^ a sciic, iciiipuiaiy icfugc foi aiiy animal impounded, and providing needed medical services for injured/sick animals or transfer of animal to the appropriate agency.
2 “Adoptable Animal” shall mean an animal eight (8) weeks of age or older that at or subsequent to the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future. Dogs declared II.
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3. “Treatable” shall mean an animal with a medical condition such as skin problems, bad flea or skin infestations, a broken limb, abscesses, or problems that may be treated with appropriate resources, holding space, treatment and/or time. “Treatable” shall also mean an animal with behavioral conditions that may be corrected with time and proper training, such as chasing animals/objects, food aggression, etc.
4. “Unbeatable Animal” shall mean any animal that is irremediably suffering from a serious illness ... j _i- _ 11
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adoption.
Impounded Animal” shall include animals found nannine at large, removed from orivate property, owner surrendered, or that are taken into the custody by COUNTY or law enforcement.
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C. SCOPE OF ANIMAL SHELTER SERVICES
1. Treatment of Animals: COUNTY shall provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with u..
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nutrition and appropriate medical care.
2 Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’S policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and AiiiciiL-aii vciciiiiaiy mcuicai /-vasuciauun.
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3, Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.
4. Disease Control and Sanitation COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’S policies and procedures may include beneficial standards and/or gUidcIiiicS denved fi'Oiii i'cpUtabic aiiiiiial Cdi'c Organizations iiicludiiig, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.
5. Provision of Personnel and Sunniies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the Animal Shelter Services described herein.
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7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by the animal’s owner and is deemed not adoptable by COUNTY. Untreatable Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption. Only euthanasia methods approved by the American Vetennaiy Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia, and reason for use of method.
8, Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Coiitrol and Prevcimuii, otatc mw, miu 1 1 puiicy, an auniiais suspcctcu ui uciu^ rabid, or involved in a bite investigation.
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9. Impoundments and Quarantines; COUNTY shall house, feed and care for all animals impounded and/or Quarantined at the Shelter.
10. Animals Surrendered bv their Owners: Anv pet surrendered by a City resident owner to ruiiumi \_uiiuui shall iiicui uwiici suuciiuci ciiaij^cs as CMauuaucu uy i. icc5> . . .1 1... r^/^T rKT'T'xr o I. r'
shall be collected from the owner and conveyed to the COUNTY.
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11. Vicious and Potentially Dangerous Dogs: Anv dog declared or determined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion.
12. Incoming Animal Identification: Incnmimz animals shall be checked immediately for collar tags and scanned for microchip by qualified Shelter staff within one (1) hour of arrival to the Shelter or when safe to do so. Shelter staff shall make all attempts to notify owners within twentv- four (24) hours of an Impounded Animal delivered bv CITY to COUNTY.
13. Incoming Animal Examinations/Assessments: A cursory exam of an animal shall be pcifOiTiicd vVitliiii rwclvc (12) liuUi'5, aud iiO latci' tliaii tWciity-foUi' (24) hOui'S. liiCOiViiiig aiiiiiial assessment shall include the following:
a. A physical examination to determine if a medical condition exists which requires a veterinarian’s attention
b. Routine vaccinations and de-worming, as needed
c. External parasite treatment, as needed
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e. Scan for microchip identification
f Establish unique identifier for the animal
g. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal-bv-animal basis that an examination/assessment has been performed.
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accordance with guidelines established by the COUNTY prior to adoption.
15. Enforcement: Enforce all relevant provisions of COUNTY’S municipal code and State law as mav be applicable to animals housed, kept or maintained at the Shelter.
16. Adoption! Animals identified as being available for adoption shall be placed in the adoption .r.,1. - r>i- ...
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17. Spav and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers anv animals, or if an adopted animal is unable to receive spavins or neutering due to a medical condition. In accordance with California Food and Agricultural (“F&A”) Code Sections 30503 and 31751.3, if veterinarian certifies that a dog or cat is too sick or injured to be rATTM'TV t-Uoll « ./« A 1
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this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days
from the date of surgery, at which the deposit is forfeited in accordance with F&A Code Sections 30503 and 31751. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.
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and 31752(b) that provide that any stray dog or cat that is impounded “shall, prior to the euthanasia of that animal be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with any animal organization or adoption organization. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a WWWV4 VIIV' V« ■ A AVyi 44AAA
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19. Foster Care Placement: Certain animals may be placed in COUNTY’S foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.
20. Drug Enforcement Agency tPEA^r COUNTY shall comply with all Drug Enforcement A / I A \ > 1 r» ^/t r^4^4^^r* 1 r/s 4 t ● r » * ^
controlled substances.
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21. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary and other areas of the Shelter. Staffing shall include any and all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelter-related activities. Personnel employed at the Shelter in the c - _ 01. _ 1a.. _ _ -1 _ A . j 1 j._: j 1 txt't'\7 1 _..j pciiuiiuaucc ui oiicuci-iciaicu aciiviuc& siiau uc ucsigiiaicu as 1 ciiipiuyccs aiiu any and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.
22. IVTi.ssiny Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.
23, CTTY Access: COUNTY shall provide access of the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.
24. Feral Cats: Shelter Services does not include the acceptance of feral cats from CITY.
25. Animal Disposal! COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, reeardless of ouroose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.
D. COMPENSATION
Lqiih Term Inipound/Ouarantine Fees: In addition to the fees for the services provided pursuant to this Agreement, the CITY shall be responsible for all costs associated with any and all animals seized within the CITY boundaries and brought to COUNTY which are held in Shelter for longer than normal periods of time in connection with any criminal prosecution of animal abuse and welfare cases, animals being held as evidence in a court filing, or rabies quarantine.
SCOPE OF LICENSING PROGRAM
The COUNTY agrees to provide the following Licensing Program services (“Licensing sendees”) for the CITY.
A. PROVISION OF SERVICES
The Licensing services to be provided by COUNTY for CITY within the corporate limits of CITY shall include, but not be limited to, the following activities:
1. Licensing Program Operations: COUNTY shall administer a dog licensing program consisting of staff in customer relations and licensing governance in accordance with State law.
B. LICENSE FEES
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COUNTY, and are subject to change as amended by COUNTY’S Board of Supervisors, from time to time.
SCOPE OF ANIMAL FIELD AND ENFORCEMENT SERVICES
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EXHIBIT B
The County of Amador, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following animal field and enforcement services for the City of [ accordance with the rate and fees shown on Attachment A:
](“CITY”) in
A. PROVISION OF FIELD SERVICES
The animal field and enforcement services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:
1. Field Service Assistance; Respond to all calls for field service assistance pursuant to the orioritv of calls as described in Section E below.
2. Impoundment: Impound all animals found at large and collect such impound fees as established iii the appiupiiaie v-v/uin i i ice seiieuuie. j. rvT’T't/ £● I .
3. Proner Care and Treatment: Provide humane care and treatment to any stray or abandoned animal impounded by field personnel in accordance with State of California (“State”) laws and reaulations.
4. Animal Bites: Investigate reported bites by animals. COUNTY shall respond in person to -11 L - j 1. :i._- 1... J 1... - -i. j j :i j i _ _i. _ii u :i.i - ail icpuiLcu uiies uy uuga vji uy suspceicu lauiu ui wiia aiiiiiiaia. \_.ii i siiaii ue icapuiiMUic for any appeals arising from administrative proceedings resulting therefrom.
5. Quarantine: Quarantine all animals suspected be rabid and/or that have bitten a person as orescribed bv the California Comoendium of Rabies Control and Prevention, the State law. and COUNTY policy.
Stray ami Barkiin* Aiiiiiiai muixaiicei Cuiiiplaiiiis: Aiiiiiial nuisance cuniplainls, including barking animal complaints shall be handled by CITY. u.
7. Dead Animals: Remove dead animals from the public right-of-way except in such cases where an animal is on a state highway within CITY limits. In such cases. CITY shall immediately (or as soon as practicable) notify the State Department of Transportation by telephone, facsimile, email or other means.
8. Return of Impounded Animals Encourage the return of any lost/stray animal impounded by field personnel while in the field to the rightful owner, subj ect to the payment of impound fees.
9. Kennels and Catteries: CITY shall inspect and issue licenses to operate dog kennels and catteries within CITY pursuant to CITY’S municipal codes, and collect fees in connection u,. ui^n.'VViLii. rxu tcco lui AH
CITY
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10. Issuance of Warnings and Citations: Enforce all appropriate provisions of COUNTY’S municipal code as necessary, including the issuance of warning notices or citations, for violations of the provisions of said municipal code. CITY shall be responsible for the prosecution of any criminal enforcement actions or any appeals arising from administrative piOCccdiiig:> icsuuiii^ uiciciiuui.
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11. Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding.
COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as per Section E below.
12. Field Services Related to Canine Licenses: COUNTY shall verify canine license status when responding to requests for service or when responding to complaints about animal behavior. The Animal Control Officer, as part of the officer's regular animal control duties as defined by. but not limited to. the terms of this Agreement, shall conduct license inspection activities during animal control investigations to ascertain the number of unlicensed dogs, to license such dogs, and to foster compliance with COUNTY’S municipal COuc.
13. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter. Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known, or CITY. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter, i : . . t ... .1 1 1 xi. -1 ... rKTT'i r .. _ ..r ..-i .r CAucpL ab uuici wii>c icquiicu uy law, uicii aiiu uiiiy, win uic wuin i i auLiiuiiz.c icicasc ui the animal. If owner refuses to pay COUNTY, COUNTY shall notify CITY in writing when said expenses reach the amount of $1,000 or greater per incident to determine how the CITY desires to pay for applicable fees and charges. Such expenses shall not exceed the amount of $1,000 oer incident unless authorized in writing bv CITY.
14. Wildlife impoundment and/or exotics as may be delivered and/or received at the Shelter uimi an appiupiiaic wnunic agency can uc cuiuactcd aiiu uic wnunic men nansieneu nau their custody.
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B. SHELTER CARE ANDJ)ISPOSITIQN SERVICES
The COUNTY shall house CITY’s animals at the County Animal Shelter, as set forth in Exhibit A.
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COUNTY shall file a report with the appropriate law enforcement agency within twenty four (24) hours if an impounded animal is missing or suspected to have been stolen from an animal control vehicle or while in COUNTY’S custodv. COUNTY shall indicate on the oolice reoort the circumstances of the animal's disappearance.
D. PRIORITY OF FIELD SERVICES
Services” are those enforcement activities rendered by COUNTY pursuant to the relevant sections of COUNTY’S municipal code and related State law, and are assembled for into a
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2, “Priority Ranking” refers to the order of priority with which a call will be handled. All calls will go directly to the dispatcher or assigned clerical staff for relay to the Animal Control Officer. If a call is “exceptional.” as set forth in Section E. it shall be referred to the supervisor for evaluation and processing.
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j. iiic luiiuwiii^ uciiaiiiuiis ui rxcguim ociviuc iiuuis.
Holidays” are intended to identify the broad time frames during which specific levels of service will be provided.
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i^iiiiiicu oci vice Hours” aim
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Regular Service Hours” are between the hours of 8:00 am to 5:00 pm, Tuesday through Saturdav.
a.
b. “Limited Service Hours” are between the hours of 5:00 pm to 8:00 am, Tuesday .1 1. o-. 1 -11 j c' J X* J 1 rT-i:j
Liiiuugu oaiuiuay, an uay ouiiuay, iviuiiuay aiiu uu iiuiiuays. c. “Holidays” are those days as established by the COUNTY where the COUNTY is closed for service on a business day that would otherwise be a regular service day.
4. Field service activities shall be performed daily and generally based on both the Priority Ranking and the time a call for service is received in accordance with this Agreement. All calls iiivuiviiig iiiiiiiiiiciu uaiigci biimi uc icspuiiucu lu reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within sixty (60) minutes or less during Regular Service Hours if reasonably possible, and within sixty (901 minutes or less during Limited Service Hours and Holidays if reasonably possible. CITY acknowledges that response times may be affected by traffic congestion, officers’ location, or other - .1-.! .1 - .. .1.-11 I. - - .1 . .1 A\
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I. 4... .11.1.1. 1 rvT'T’x r rx tt-x r .1. . 11 r j . c... iiiiiuciiiig ciicuiiiMaiicci uucuuLiuiiauic uy v-.wuin i i. v_wuiN i i Mimi piuviuc a iiicausi lui responding to calls for service that take place during Limited Service Periods which are of an emergent nature pursuant to this Exhibit B.
5. Telephone Service: The COUNTY shall answer all telephone calls for field services during Regular Service Hours as requested by CITY. Calls shall be received by the COUNTY dispatch during Limited Service Hours and on Holidays, as noted above. Calls answered by dispatch will be handled on an emergency basis as deemed by the Sheriff Office. The .11 _ -4.-1. . .. ... .1 /. .. -1 - ..r - .1 -1.-11 .1 . 4. - M - ,1 .. . . .. .1 .£“-11 -4.- A- .. uispaiciici aiiu/ui uciivai suppuu &i<ui Miaii maiiuaiu a ucLaucu iccuiu ui mi icqucais iui service, both emergency and routine, received during Regular Service Hours and Limited Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty (30) days. 6, The CITY and COUNTY agree that any incident reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, wild, injured or sick animals ail aiiu rCCjuiTC iiTiruCulaiC ac^uv^u UliD uy
Agreement. Calls for service received during Limited Service Hours that are not of an emergent nature shall be answered bv dispatch and referred to call-back on the next business day during phone center operational hours.
Calls Coiisiuei cu Eiiiei yciiCicS lO be Kaiiuicu WuliOul Dciav UpOii Rcqucsl u^v CITY; Animals endangering health or safety of the community.
Police Department requests for service
Sick or injured stray animals
Animals in distress
Humane investigations that are life threatening. (Depending on immediate circumstances)
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b.
c.
d.
e.
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1, VciiOilious snakes
8. Calls Considered_Non-Emer2encv to beJlandled during Rc2ular Service Hours Upon Request hv CTTY:
Pick-up confined, healthy, stray-animals
Dead animal removal
Quarantine investigations
Leash law enforcement
Permit investigations
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b.
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d.
e.
E. EXCEPTIONS
The Director of Animal Services, or designee, may, on a case-by-case basis, authorize variations of priority when circumstances require.
Attachment A
Field and Enforcement Services Fees
Hourly Rate: $50.00
Over Time Rate: $75.00 (2 hour minimum required)
Off-site Medical Care:
veterinarian fees. etc.
Direct billed for medications, exams, diagnostics fees, procedures, Off-site Euthanasia: Direct billed for veterinarian fees and hourly rates for staff at the appropriate rate.
Veterinarian Services: Direct billed for veterinarian fees and services.
All 24 hour services include; bite investigations and off-site quarantine, rabies responses, potentially dangerous and vicious dog investigations, off-site medical care, off-site euthanasia, livestock mitigations, injured and sick animals, trapping of domestic animals, picking up dead animals, citations, investigating animal neglect and cruelty, conducting pre-seizure and post-seizure hearings, kciiiicl pciiiiuuii^, cuucaLiuii, auvicc, cic, iiic&c 5>ci vicci s>iiaii uc uiiicu ai liic appiupuaic iiuuiiy laic. . .1.. T'l. . .11 I. . 1. ;i I . .1 .... ..1. . . 1- ... .1.
RESOLUTION NO. 610
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMADOR CITY AUTHORIZING THE PLACEMENT OF DELINQUENT UNPAID SEWER BILLS ON THE 2023-2024 AMADOR COUNTY TAX ROLL WHEREAS, Sewer services are provided to the property owners of Amador City, and WHEREAS, it is desirable to collect delinquent unpaid sewer bills In an efficient and effective manner, and
WHEREAS, some orooertv owners have delinauent balances for sewer services provided to their property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Amador City authorizes «taff to nl»rp Hpllnmipnt spwpr balances unon the Amador County ProoertvTax Rolls for the 2023-2024 property tax year.
The foregoing resolution was duly introduced and adopted by the City Council of the City of Amador City at their regular meeting held 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mmie imidii, iviayui
ATTEST:
Joyce Davidson, City Clerk