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Anaheim, CA 92805
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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: MAY 17, 2022
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: AMENDMENT TO THE ANAHEIM MUNICIPAL CODE
ADOPTING COUNTY OF ORANGE ANIMAL CONTROL
ORDINANCES AND NOTICE OF INTENT BETWEEN THE
CITY OF ANAHEIM AND THE COUNTY OF ORANGE FOR
ANIMAL CARE SERVICES FOR FISCAL YEAR 2021-22 AND
FISCAL YEAR 2022-23
ATTACHMENT (Y/N): YES ITEM # 12
RECOMMENDATION:
That the City Council, by Motion, take the following actions:
1) Introduce an ordinance amending various chapters, sections, and subsections of Title 8 of the Anaheim Municipal Code relating to the adoption of County of Orange Animal Control Ordinances improving the Vicious Dog Program, expanding the Barking Dog Program to include nuisances from animals other than dogs, and clarifying language relating to animal permits, kennel permits, and mobile grooming licenses.
2) Determine that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project as defined in Section 15378 of the CEQA Guidelines.
3) Approve an increase of $263,958 in the Notice of Intent with the County of Orange for animal care and shelter services, for a total of $3,798,610 for Fiscal Year (FY) 2021-22.
4) Approve the Notice of Intent with the County of Orange for animal care and shelter services for the period of FY 2022-23 at an estimated cost of $3,944,380 plus a 10% contingency, and authorize the Mayor or his designee to execute said Notice on behalf of the City.
Notice Of Intent For Animal Care Services And Adoption Of County Animal Control Ordinances May 17, 2022
BACKGROUND:
Since 1989, the City of Anaheim has contracted with the County of Orange to provide animal care services including field, shelter, and licensing services. On January 27, 2009, the City Council approved the County’s “evergreen” contract, which allowed the agreement to roll over year-to-year with uninterrupted service.
Pursuant to the terms of the contract, the County provides all animal licensing, field, and shelter services on behalf of the City. Shelter services include animal impoundment and animal care before retrieval by the owner or adoption. In addition, the shelter is responsible for the care of any unwanted, sick, or severely injured animals. Field services consist of animal capture or rescue, investigation of complaints, animal bites, vicious animal investigation, and enforcement of animal control regulations.
The “evergreen” contract remained in effect until April 2016 at which time the City Council approved a Participation Agreement and Agreement for Provision of Animal Care Services (Services Agreement) between the County and City.
The Participation Agreement has a ten-year term and defines the roles and responsibilities between the County and City for the funding and construction of the regional animal shelter in the City of Tustin. The City of Anaheim, the County, and 14 contract cities are paying their proportional share of the $35 million cost of construction. The County “pre-funded” the construction and allowed contract cities to pay their proportional share in a lump sum or over a ten-year period in equal installments paid on a quarterly basis. Anaheim’s share of the shelter cost is approximately $7.7 million and is being paid in equal installments over a ten-year period.
In November, 2017, the Orange County Board of Supervisors approved amendments to the County’s Animal Control Ordinances to improve efficiencies and outcomes. The County has requested that participating contract cities amend their municipal codes to reflect the changes in the County Code.
The amendments were intended to improve the Vicious Dog Program by providing for the use of independent hearing officers; adding the ability to ban owners of vicious dogs from owning dogs for up to three years; clarifying provocation and other terms for identifying aggressive dogs; and removing potentially Dangerous Dog designations following a specified period with no recurrences. The changes also made the programs consistent with recent State Law changes eliminating automatic designation for animals seized from convicted violators of fighting dog statutes.
The Barking Dog Program was also expanded to include nuisances from animals other than just dogs. Other amendments clarified language relating to animal permits, kennel permits, and mobile grooming licenses. The changes provide clearer direction to citizens as to the applicability of the permits, particularly with respect to animal rescues, and provide a clearer cost recovery for Orange County Animal Care. The amendments were supported by the County’s partners in the animal rights community.
Notice Of Intent For Animal Care Services And Adoption Of County Animal Control Ordinances May 17, 2022
DISCUSSION:
Current Fiscal Year 2021-22 Increase of $263,958 with County Notice of Intent The County of Orange states that based on actual expenses and fee revenue through March 31, 2022, the projected net cost for Anaheim for FY 2021-22 will be $3,798,610, which exceeds the NOI estimate by $263,958, or 7.5%. The County of Orange indicates an increase in Field Service Activities and an increase in Animal Charge Days are the reasons for the increased costs.
Field Service Activities have increased from 5,933 out of a total of 24,099 (24.62%) at YTD 3/31/21 to 6,464 out of a total of 23,486 (27.52%) at YTD 3/31/22. This has increased Anaheim’s Field Services net cost by approximately 13.4%. Specific activity increases have been noted in Agency Assistance (+33%), Cruelties (+25%), Deceased Animal Pick-up (+13%), and Stray Pick-up (+31%). Animal Charge Days increased from 20,877 out of a total of 75,415 (27.68%) at YTD 3/31/21 to 44,332 out of a total of 140,537 (31.54%) at YTD 3/31/22. This has increased Anaheim’s Animal Shelter net cost by approximately 16.6%.
County of Orange Animal Care’s total net cost for FY 21/22 is currently projected to be below budget by about $680K, or 5.0%. Also, the projected net costs for each City are based on actual services performed. Therefore, the net cost cannot be managed to each City’s individual NOI estimate. However, OC Animal Care continues to work to maximize fee revenue and prioritize spending while providing all contractual services within the total combined NOI budget.
Notice of Intent for Proposed Fiscal Year 2022-23
The County of Orange is obligated to provide an annual notice of estimated costs in the form of a Notice of Intent (NOI). The County requires the City to sign the NOI (Attachment 1) acknowledging its intent to pay for the services rendered. The County estimates a cost of $3,944,380 for FY 2022/23. This amount represents a 6% increase to the budgeted net cost in comparison to FY 2021/22. The amount is comprised of costs that are divided between shelter services and field/licensing services. While only an estimate at this time, the City is required to pay the County, on a quarterly basis, for its net costs, which is based on actual costs reduced by actual fee revenues.
For the past three fiscal years (FY 2019/20 through FY 2021/22), Orange County Animal Care has maintained a flat budget totaling $13,673,469. For FY 2022/23, the estimated Net Cost total for all Contract Cities and the County will increase by 10.98% to $15,174,996. This increase is directly related to filling critical positions to meet the demand for services. The budget was not increased in light of uncertainty due to the COVID 19 pandemic, even though there was a rise in the Consumer Price Index (CPI) of approximately 8.49% over the last two years.
Introduction of code amendment to align with County Animal Control Code The County of Orange Board of Supervisors, subsequent to the approval of the County Animal Control Ordinance, requested that the contracted cities take this opportunity to ensure its entire animal control ordinances were in full alignment with the County’s current ordinances. As a contractor, Orange County Animal Care can only enforce municipal codes. The Orange County Notice Of Intent For Animal Care Services And Adoption Of County Animal Control Ordinances May 17, 2022
Animal Care has expressed a desire to bring municipal codes in line with County codes to allow uniform enforcement by their offices throughout the unincorporated areas and contract cities they service. This amendment would adopt by reference most of the Animal Control Ordinances of the County of Orange, ensuring consistent levels of enforcement by the County. As a result, almost all other contracting agencies with the Orange County Animal Care have or are in process of conducting similar ordinance reviews and adoptions.
The proposed Notice of Intent and Ordinance ensures the County will continue to enforce Title 8 of the Anaheim Municipal Code and the County of Orange Animal Control Ordinances.
Residents in the City of Anaheim will continue to contact the County regarding animal complaints and stray animals. Impounded animals will be retrieved at the Orange County Animal Care Facility in Tustin.
IMPACT ON BUDGET:
Sufficient funds are available in the Planning and Building department’s FY 21/22 General fund budget for the current year. Funding for FY 22/23 is included in the department’s proposed budget, which will be brought forward for Council consideration in June.
Respectfully submitted,
Ted White
Planning and Building Director
Attachments:
1. Ordinance
2. Red-lined Draft Ordinance
3. County Letter regarding ordinance alignment
4. Notice of Intent