City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Ken Irwin, City Manager
MEETING DATE: August 15, 2023
ITEM NO: 7.8
SUBJECT: Approve the First Amendment to the Stanislaus Animal Services Agency Joint Powers Agency Agreement.
RECOMMENDATION
Motion to Approve the First Amendment to the Stanislaus Animal Services Agency Joint Powers Agency Agreement.
BACKGROUND
The Joint Powers Agency (JPA) Agreement establishing the Stanislaus Animal Services Agency (SASA) was made and entered into by and among the cities of Patters, Ceres, Hughson, Modesto, Waterford, and the County of Stanislaus on October 27, 2009. Under the powers and functions of the JPA agreement, SASA JPA board members are authorized to act on behalf of SASA in all matters necessary to carry out the SASA’s purposes. This includes the authority to employ staff, enter into contracts, acquire property, cooperate with other agencies, incur debts, accept funding, sue and be sued, adopt bylaws, and do all other acts that are reasonable and necessary to achieve SASA’s goals. The Board’s authority is broad and comprehensive, and it allows the Board to take all necessary steps to ensure that SASA is able to fulfill its mission.
ANALYSIS
On March 16, 2023, the JPA board voted to direct County staff to bring a draft amendment to section 3.3 of the SASA JPA Agreement with respect to the Agency’s manner of exercising its powers currently subject to the restrictions applicable to the City of Modesto being replaced by restrictions applicable to the County of Stanislaus. The proposed draft amendment was presented to the SASA JPA board and unanimously approved on May 18, 2023.
The attached First Amendment to the JPA Agreement updates the following section as follows, with the previous verbiage stricken for clarification on what has been removed.
3.3 Powers and Functions. The Agency shall have the common power of the Member Agencies to plan, establish, and exercise all government functions necessary to provide animal services for the benefit of the Member Agencies. Pursuant to Government Code Section 6509, the Agency’s manner of exercising such powers shall be subject to those restrictions applicable to the City of Modesto County of Stanislaus.
The terms of the original agreement remain in effect unless they conflict with this amendment.
The signatures of the parties to this agreement may be on separate pages or in counterparts, which, when attached to this amendment, constitute one complete amendment.
The SASA JPA Agreement First Amendment was approved by the County of Stanislaus Board of Supervisors at its regular meeting on June 20, 2023. The amendment will be fully executed upon 2/3 approval of the JPA Board members.
FISCAL IMPACT
There is no fiscal impact associated with the recommended Board action.