13-C
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Brian McNerney, Interim Director of Public Safety
SUBJECT: Consideration and possible action to authorize the Mayor to execute Agreement File No. 200.9, in a form approved by the City Attorney, with Southeast Area Animal Control Authority (SEAACA) and approve a budget modification for hiring an additional Code Enforcement Inspector, or pursue other contracted animal control services.
DATE: November 25, 2024
EXECUTIVE SUMMARY
Following the August 12, 2024, City Council meeting, the Interim Director of Public Safety (“Director”) was asked to research additional options for animal control services. Several organizations were contacted, and the results of the research are being presented to Council for consideration.
RECOMMENDATION TO CITY COUNCIL
It is recommended that the City Council:
1) Authorize the Mayor to execute Agreement File No. 200.9 with SEAACA, in a form approved by the City Attorney and approve a budget amendment to increase the appropriation in Account No. 010-42100-2230 by $10,880, to $641,880; and
2) Approve a budget amendment to hire an additional full-time Code Enforcement Inspector to assist in addressing animal violations of the Bellflower Municipal Code (“BMC”) in the amount of $52,000 for FY 2024-25 (to be allocated approximately 85% to the General Fund and 15% to the CDBG Fund); or
3) Alternatively, discuss and take other action related to this item.
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Staff Report – Animal Control Agreement
November 25, 2024
FISCAL IMPACT
1) The proposed annual gross cost of SEAACA services is $779,880 which will be offset by the estimated licensing and penalty revenue of $138,000, for a net cost of approximately $641,880. Annual animal license fees collected in excess of the guaranteed revenue amount of $138,000 are split 50/50 between the City and SEAACA.
2) A budget amendment for a full-time Code Enforcement Inspector position is $52,000 for half of a fiscal year (if hired after January 1, 2025) and $104,000 for an full fiscal year, to be allocated approximately 85% to the General Fund and 15% to the CDBG Fund. The amounts include payroll taxes and benefits.
DISCUSSION
The City’s annual agreement with SEAACA was considered by the City Council at its meeting on August 12, 2024, and the Director was asked to research animal control service providers and alternatives and compare them to the services and costs of SEACCA. The table below is a summary of the research and options available as well as their respective costs.
Organization Approximate Cost
SEAACA (current provider) $779,880 gross costs; $641,880 net costs after deducting guaranteed $138,000
annual animal license fees (full service,
may not separate individual services).
City of Long Beach $951,580 gross costs; $751,000 net costs after deducting approximately $200,000
in annual animal license fees (full service,
not taking on new clients currently)
Society for the Prevention of Cruelty to
Animals Los Angeles (SPCALA)
$540,000 (sheltering services only)
Would require additional costs for all
other services
L.A. County Animal Control Services Not taking new clients Orange County Animal Services Not taking new clients
Seal Beach Animal Care Center Not taking new clients
Priceless Pets (Orange County) Inquires not returned
In conducting the research, it is apparent there are limited-service providers which can take on a city the size of Bellflower with an intake volume of approximately 80 animals per month.
A more detailed analysis is provided below.
2 Staff Report – Animal Control Agreement
November 25, 2024
DISCUSSION – Continued
SEAACA:
The City has contracted with SEAACA since 1992 for animal control services. SEAACA provides a range of services including sheltering of animals, medical care, treatment, animal licensing collection, field response for animals running at large, picking up deceased animals, criminal enforcement of the California Penal Code, and enforcement of the Bellflower Municipal Code.
The contract rate for fiscal year 2024-25 is a 5.5% increase from the previous fiscal year.
For reference, the past three fiscal years increases were 8.0% (2023-24), 5.0% (2022-23), and 5.3% (2021-22).
Service Complaints:
Since approximately 2020, the number of complaints regarding animal control services has steadily increased and are mainly focused on a lack of responsiveness to community concerns. Barking dog complaints, excessive animals on a property, unpermitted animals (roosters), feral cats, and wildlife are among the concerns voiced by the community.
The Bellflower Municipal Code (BMC) contains numerous sections pertaining to the licensing, care, and conduct of animals in Bellflower. The enforcement of these sections has been an ongoing service delivery issue. For example, SEAACA responds to complaints of excessive dog barking, unlawful animal breeding, and unpermitted animals on properties, and attempts to make initial contact and verify a violation. Complaints about these services include slow response times, lack of a re -inspection following the initial visit to a property, limited proactive patrols, and lack of issuing administrative citations for violations of the BMC.
To better address these quality-of-life issues more proactively, Staff is proposing to supplement these services with City resources by hiring an additional Code Enforcement Inspector to be tasked with responding directly to these complaints.
City of Long Beach:
The City of Long Beach provides contracted animal control services to the cities of Cerritos, Signal Hill (surrounded by Long Beach), and Los Alamitos. They offer the same or similar services as those provided by SEAACA. Currently Long Beach is not taking on new clients, however they may be looking to expand their contracting services to include additional cities in the future. Long Beach does not offer custom animal licensing fees and should Bellflower contract with them in the future the need to adopt their fee schedule would be required. The chart below details the differences in animal licensing fees.
City of Bellflower City of Long Beach
Dog Unaltered $42 $250
Dog Altered $15 $28
Dog Unaltered (Senior Price) $25 $125
Dog Altered (Senior Price) $10 $14
Cat License (Voluntary, Unaltered) $20 N/A
Cat License (Voluntary, Altered) $10 $12
Keeping Vicious Animal $1,430 $1,125
3 Staff Report – Animal Control Agreement
November 25, 2024
DISCUSSION – Continued
Based on animal licensing totals from SEAACA, approximately 3,000 licenses are issued each year; of which 67% are for altered dogs and 33% for unaltered dogs. If Bellflower adopted Long Beach’s licensing fee schedule there would be an increase in revenue to offset the overall cost of the contract by approximately $200,000.
The proposed maximum annual gross cost of animal services provided by the City of Long Beach would be $951,580 which could be offset by the approximately $200,000 in licensing fees discussed above for a net cost of approximately $751,580.
Recommended approach moving forward:
After consideration of the options available to the City to provide these services, it is recommended that the City Council approve the annual contract with SEACCA to provide the general services, but supplement these services through the addition of a Code Enforcement Inspector whose duties will include directly addressing the quality-of-life complaints and concerns of residents through enforcement of BMC specific violations.
Currently, complaints such as dog barking, roosters, and having too many animals are referred to SEAACA for investigation. This position would be focused on animal enforcement and compliance but would also assist in increasing our ability to respond more readily to general code enforcement issues and violations. The additional Code Enforcement Inspector will dedicate City-controlled resources to specifically address these issues and allow us to be more responsive to residents’ needs.
This approach would be consistent with the City’s efforts to proactively address quality-of-life issues in other areas. For example, the City contracts with a separate entity to address wildlife issues in response to community complaints, and we contract with Southwest Patrol to supplement our Public Safety services and Homeless outreach .
The fully burdened annual cost of a full-time Code Enforcement Inspector would be $104,000 (including payroll taxes and benefits) for an entire fiscal year. If a position is filled after January 1, 2025 (halfway through the fiscal year) the cost would be $52,000 (including payroll taxes and benefits) or less, depending on the date of hire. Of this cost, approximately 15% would be charged to the Community Development Block Grant (CDBG) Fund which provides Federal funding for qualified work performed in eligible areas of the City.
ATTACHMENT:
Agreement File No. 200.9 ............................................................................................... 5 4 _________________________________________________________________________________________________________________________________________________________________ Agreement for Animal Control and Sheltering Services FY 2024-2025 Page 1
AGREEMENT FOR ANIMAL CONTROL AND SHELTERING SERVICES
THIS AGREEMENT is entered into this 1st day of July 2024, by and between the SOUTHEAST AREA ANIMAL CONTROL AUTHORITY whose address is 9777 SEAACA Street, Downey, California (herein, "SEAACA”) and the CITY OF BELLFLOWER, a California Corporation, whose address is 16600 Civic Center Drive, Bellflower, California 90706 (herein “CITY").
RECITALS:
WHEREAS, SEAACA is a public agency organized by the Cities of Downey, Norwalk, Pico Rivera, Bell Gardens, Montebello, Paramount, Santa Fe Springs and South El Monte, pursuant to the provisions of section 6500 et seq. of the California Government Code for the purpose of providing animal control and sheltering services within the boundaries of those cities and such other municipal corporations as are approved by SEAACA, and WHEREAS, CITY has requested that SEAACA enter into this Agreement and provide Animal Control and Sheltering Services to the CITY during the term thereof, which are more fully described hereinafter, and
WHEREAS, both CITY and SEAACA have authorized entering into this Agreement by formal action of their respective governing bodies, taken at properly noticed meetings; THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties agree as follows:
SECTION I. SEAACA AGREES:
1. To perform the following services for CITY within the corporate limits of CITY:
a) To provide one (1) assigned officer, totaling forty (40) hours per week. b) To patrol the streets of CITY as many additional hours per month as necessary to enforce the provisions of BELLFLOWER’s Municipal Code relating to animal control. c) To enforce all applicable canine leash law requirements. d) To enforce all applicable standards for animal care. e) To operate an animal control shelter; to maintain its kennels and premises in a sanitary condition at all times; to comply with all applicable laws of the State of California; and to give the prescribed notices and use humane methods for the care and destruction of any animal coming under its jurisdiction.
f) To enforce all applicable State statutes, with respect to those services as are customarily rendered by SEAACA.
g) To pick up and impound loose, stray dogs.
h) To pick up sick, injured or otherwise physically suffering stray animals from the public streets and private property.
i) To pick up dead animals within 24 hours or as soon as reasonably possible. j) To investigate complaints relating to animal cruelty. k) To provide prompt 24 hours per day emergency service response for injured or vicious animals.
l) To provide all services and materials to establish and maintain a licensing and canvassing program.
m) To canvass all delinquent licenses each year and every household in the CITY a minimum 5 _________________________________________________________________________________________________________________________________________________________________ Agreement for Animal Control and Sheltering Services FY 2024-2025 Page 2 of once every two years to ensure that all animals required to have licenses are indeed licensed.
n) To provide licensing services at two rabies clinics each year. o) To keep and maintain during the term of this Agreement, books, and records pertaining to the licensing of dogs, collection of fees, and impounding of animals. Said books and records shall be available for audit and examination by the CITY during normal business hours and with reasonable notice. During the term of this Agreement, SEAACA will report to CITY the total dollar amount of license fees collected. SEAACA shall maintain a record of all complaints received and shall furnish the CITY upon request, with a written record of the complaints and the way in which complaints were handled.
2. That if requested in writing by CITY, additional services above those described herein may be performed by SEAACA when SEAACA determines that such additional services will not interfere with the maintenance level of the animal control services provided elsewhere by SEAACA. CITY will pay for such additional services in such amounts as are agreed to by SEAACA and CITY.
SECTION II. CITY AGREES:
1. To cooperate and assist SEAACA in performing its obligations hereunder, including the adoption of SEAACA’s Model Ordinance.
2. That for and in consideration of the rendition of services pursuant to this Agreement:
a) The total cost to the CITY for Fiscal Year 2024-2025 shall be $779,880.00 offset by revenues collected by SEAACA in performance of this Agreement for license fees and penalties.
SEAACA guarantees that said revenues shall be $138,000.00. If license revenues exceed that amount, 50% shall be returned to the CITY following the close of the fiscal year. b) The net annual cost to CITY for said services shall not exceed $641,880.00 and shall be paid by CITY to SEAACA upon invoice on the following schedule: $320,940.00 on July 1, 2024, and $320,940.00 on October 1, 2024. Said sums shall be paid within thirty (30) days after receipt of invoice. If payment is not delivered to SEAACA within thirty (30) days after CITY's receipt of invoice, SEAACA is entitled to recover interest thereon. Said interest shall be at the rate of ten percent (10%) per year, or any portion thereof, calculated from the last day of the month in which the services were performed. If such payment is not delivered to SEAACA within the time set forth hereinabove, SEAACA may satisfy such indebtedness, including interest thereon, from any funds of the CITY on deposit or to the credit of SEAACA, without giving further notice to CITY of SEAACA's intent to do so.
c) SEAACA shall be entitled to and shall retain all moneys that it collects from residents of the CITY for impounding, boarding, adoptions, spay/neuter fines and other penalties/fines imposed by the State of California.
d) The compensation and financial provisions of subsections a) and b) of Paragraph 2 of Section II, shall be adjusted annually by mutual agreement of the Parties. Prior to the end of each year of this Agreement, the parties shall commence negotiations to determine the compensation and financial provisions to apply for the next year of this Agreement. If the Parties are unable to agree, the parties may extend this agreement in writing on a month-to-month basis based on mutually agreeable written temporary compensation and financial provisions or terminate this Agreement. The compensation and financial provisions agreed upon by the Parties after the first year of this contract shall be reduced to writing and signed by all Parties.
6 _________________________________________________________________________________________________________________________________________________________________ Agreement for Animal Control and Sheltering Services FY 2024-2025 Page 3 e) SEAACA shall retain all fee and/or fines collected resulting from Administrative Hearings conducted by SEAACA.
SECTION III. THE PARTIES AGREE:
1. That the service performed by SEAACA shall only encompass those duties and functions of SEAACA which are rendered by it and which it is authorized to provide pursuant to the provisions of the Joint Exercise of Powers Agreement and the statutes of this State.
2. That the rendition of services performed hereunder, the standard of performance and other matters incidental to the performance of such service and control of personnel so employed shall remain in SEAACA. In the event that a dispute arises between SEAACA and the CITY as to the extent of the duties and functions to be rendered hereunder or the manner of the performance of such services, the determination thereof shall be made by the SEAACA Board of Commissioners.
3. That for the purpose of performing all functions, SEAACA shall furnish and supply all necessary labor, supervision, equipment, and supplies necessary to provide the level of services to be rendered hereunder.
4. That all persons employed by SEAACA in the performance of this Agreement shall be SEAACA employees and no CITY employee as such shall be taken over by said SEAACA, and no person employed hereunder shall have any CITY pension, civil service, or any status or right.
5. The CITY agrees to cooperate and confer with SEAACA regarding changes in service delivery options to assist with implementation of new programs to enhance services to the community.
SECTION IV. INDEMNIFICATION:
1. That CITY shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation for any SEAACA personnel performing services hereunder for said SEAACA, or any liability other than that provided for in this Agreement. Except as herein otherwise specified the CITY shall not be liable for compensation or indemnity to any SEAACA employee for injury or sickness arising out of his/her employment.
2. That SEAACA, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts of said CITY or of any officer or employee thereof, nor for any defective or dangerous condition of City owned real property, and CITY shall hold SEAACA and its officers and employees harmless from, and shall defend SEAACA and the officers and employees thereof against any claim for damages resulting there from.
3. That CITY, its officers and employees shall not be deemed to assume any liability for intentional or negligent acts of SEAACA or of any officer or employee thereof, and SEAACA shall hold CITY and its officers and employees harmless from and shall defend CITY and the officers and employees thereof against any claim for damages resulting there from.
SECTION V. INSURANCE:
SEAACA is a member of the California Joint Powers Insurance Authority (California JPIA) and participates in self-insurance and commercial insurance programs administered by the California JPIA for its members. Primary Liability Program, including Automobile Liability Coverage Limit is $2,000,000 per occurrence, Annual Aggregate Limit shall be $2,000,000; Workers’ Compensation Program Coverage Limits shall be Statutory, Employers Liability is $1,000,000.
7 _________________________________________________________________________________________________________________________________________________________________ Agreement for Animal Control and Sheltering Services FY 2024-2025 Page 4 SECTION VI. TERM:
1. That the term of this Agreement shall be for the period of five years, July 1, 2024, through June 30, 2029, inclusive, unless the Agreement is terminated as herein provided. CITY and SEAACA may execute an Agreement at its expiration for an additional five-year period by mutual written agreement.
2. Should SEAACA default during the term of this Agreement in the performance of its obligations as set forth herein and fail to cure said default within fifteen (15) days' written notice to do so, then CITY may terminate this Agreement. And upon payment to SEAACA of monies owing to SEAACA, less any credits to the CITY by SEAACA, for satisfactory performances rendered pursuant to this Agreement and through the date of said termination, thereafter, there shall be no obligation of the CITY to SEAACA. Should CITY fail to pay the sums owing to SEAACA as provided hereunder or otherwise default in any provision of this Agreement and fail to cure said default within fifteen (15) days written notice to do so, then SEAACA may terminate this Agreement and upon the effective date of the termination, and upon payment to CITY of monies owing to CITY, there shall be no further obligation of SEAACA to the CITY. Such termination shall not be deemed a waiver of any rights SEAACA may have against CITY for any sums due to SEAACA under the terms of this Agreement.
3. Either SEAACA or CITY may terminate this Agreement by giving the other party ninety (90) days prior written notice.
SECTION VII. AMENDMENT:
This Agreement shall not be amended, or any provision or breach hereof waived, except in writing signed by the parties expressly referring to this Agreement.
SECTION VIII. NOTICE:
That any notice required to be sent hereunder shall be deemed received if addressed to the address of the parties as set forth hereunder and deposited, postage prepaid, in the United States Post Office, or to such other address as the parties may, from time to time, in writing furnish to the other party.
IN WITNESS WHEREOF, THE CITY OF BELLFLOWER, by order of its City Council caused this Agreement to be signed by its Mayor and attested to by its Clerk, and the SOUTHEAST AREA ANIMAL CONTROL AUTHORITY, (a.k.a. SEAACA), by order of its Commission, has caused this Agreement to be signed by its Chairperson of said Commission and attested to by SEAACA’s Executive Director.
8 _________________________________________________________________________________________________________________________________________________________________ Agreement for Animal Control and Sheltering Services FY 2024-2025 Page 5
AGREEMENT WITH SOUTHEAST AREA ANMAL CONTROL AUTHORITY FOR ANIMAL CONTROL AND SHELTERING SERVICES FOR FISCAL YEAR 2024-2025 -Signature Page-
CITY OF BELLFLOWER
BY:____________________________________
Dan Koops, Mayor
ATTEST:
_________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM AND CONTENT
_________________________________
Karl H. Berger, City Attorney
SOUTHEAST AREA
ANIMAL CONTROL AUTHORITY
BY:____________________________________
Tony Ayala, Chairperson
ATTEST:
_________________________________
Denise Woodside, Executive Director
APPROVED AS TO FORM AND CONTENT
_________________________________
Scott Nichols, SEAACA Attorney
9