HomeMy WebLinkAboutResolution No. 5678RESOLUTION NO. 5678
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT. LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of the
City of San Rafael a contract, lease or agreement with
COUNTY OF MARIN FOR ANIMAL CONTROL JOINT POWERS AGREEMENT
a copy of which is hereby attached and by this reference made a part hereof.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced and
adopted at a REGULAR meeting of the City Council of said City held on
MONDAY the
7th
following vote, to wit:
day of MAY , 1979 by the
AYES: COUNCILMEN: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
A E M. LEONCINI, Cilty Clerk
1/78 -CC
JOINT POWERS AGREEMENT
THIS AGREEMENT, made and entered into this -L7- day of ,
1979, by and between the County of Marin, a political subdivision of the State
of California, hereinafter referred to as "County", and the City of San Rafael,
a duly constituted City within the County of Marin, hereinafter referred to as
11ci tyle
WITNESSETH:
WHEREAS, the parties hereto are duly constituted public agencies and possess
the common power to regulate and control animals within their jurisdiction; and
WHEREAS, it is mutually advantageous to each party hereto to contract for
the cooperation of the parties with the intent of establishing basic and.mutually
agreeable levels of service, reducing costs, improving services, and providing
public benefits;
NOW, THEREFORE, in consideration of the mutual promises and agreements
hereinafter stated and the performance thereof, the parties do hereby agree as
follows:
1. All prior agreements between the parties relating to animal control ser-
vices in Marin County are declared terminated.
2. The County hereby agrees to provide animal control services in accord-
ance with the performance standards hereinafter referred to within City. Said
services shall be rendered by employees of the Marin County Humane Society, with
whom the County may contract for said purpose.
3. County shall provide animal control services which shall be financed
from fees and other revenues directly related to the animal control services and
program.
4. County will maintain the same level of animal control services provided
during 1977-78, as stated below. County may also in its sole discretion provide
funding from County sources other than animal control revenues to maintain the
level of animal control services provided during 1977-78.
County shall maintain during the term of this agreement the same ratio
of animal control services provided during 1977-78, which was: eleven
(11) animal control officers for a population of 226,000. (One (1)
A.C.O./20,545 persons)
County shall to the extent possible set and meet the following goals
and/or performance standards.
License and keep licensed 75% of all dogs in Marin County.
Set license fees at a level to maintain a self-supporting
animal control program.
Establish patrol schedules that insure central business dis-
tricts, and neighborhood parks in each city are adequately
patrolled.
Establish emergency response standards for live animals to
insure response time is held to an absolute minimum.
Prior to any reduction in the above service level, County shall provide City
with 45 days prior notice and written justification as to the reasons for same.
5. County agrees to establish and maintain a door-to-door canvassing and
licensing enforcement service, which shall be conducted throughout the urban
area no less than every two years, to assure that the maximum number of animals
subject to license are, in fact, licensed.
6. County, through the Board of Supervisors, has the sole discretion to
establish all fees related to the animal control program throughout the County
and within City. County, in determining fees, may hold a Public Hearing regarding
same. If a Public Hearing is held, all local newspapers shall be noticed 10
days in advance as to the date, time and place of the hearing and City shall
receive the same prior notice. City shall be formally notified in writing as soon
as possible after any increase is made.
7. County, through the Board of Supervisors, has the authority to advise
the judiciary as to fines and forfeitures related to violations of the animal
control ordinances through the County and within the City. County may hold a
Public Hearing regarding changes in such fines and forfeitures. If a Public
Hearing is held, all local newspapers shall be noticed 10 days in advance as to
the date, time and place of the hearing and City shall receive the same prior
notice. City shall be formally notified in writing as soon as possible after
any increase is made.
8. County will be solely responsible for the sale of licenses and the
collection of license fees throughout the County and within City.
9. In consideration of the rendition of the aforesaid services provided
by County, City agrees that all revenues derived from licensing of dogs and
other animals within the boundaries of City, and all revenues which would accrue
to City pursuant to the provisions of Penal Code Section 1463 in connection
with fines imposed for the violation of any provisions of a City animal control
ordinance, shall be paid to County.
10. County agrees to prosecute through the District Attorney, all County
and City animal control violations under the terms of this agreement and in
accordance with all applicable ordinances in a prompt and, diligent manner.
11. City agrees to adopt and maintain in full force and effect, including
the amount of fees provided, an ordinance identical with the provisions of the
Marin County Animal Control Ordinance set forth in Title 8, Chapter 8.04, 8.08
and 8.12 of the Marin County Code. City also agrees to enact amendments to its
IPA
4
ordinance identical to the amendments to the Animal Control Ordinance adopted
by the Board of Supervisors within 120 days after request to do so by County.
The County Administrator, acting on behalf of the County, may use discretion
and need not request City to adopt amendments which do not apply to City.
12. If, during the term of any renewal hereof, City modifies in any
manner, or fails to amend, its animal control ordinance thereby changing all or
any part of the conditions of this agreement, County shall have the right to
terminate this agreem6nt upon the rendition of 30 days' written notice. In
such case, any fees or fines collected during the term shall be prorated between
City and County on the basis of the percentage of the term of this agreement which
lapsed at the time of termination.
13. For the purpose of this agreement, all officers of the County and/or
the Humane Society engaged in performing any services hereunder, within the
boundaries of any City, shall be deemed to be peace officers for the purpose of
animal control enforcement of the City. Notwithstanding, said persons shall not
be deemed to be employees of the City for any other purpose.
14. This agreement shall be in effect from the date of execution to
June 30, 1979, and shall be considered automatically extended for each year
thereafter, effective July 1 of that year, unless notice is delivered by either
party of non -renewal at least 120 days in advance of the expiration date. Within
60 days following the first year of this agreement, the County Administrator and
City Managers shall submit a written report to the Board of Supervisors and all
City Councils indicating how well the intent of this agreement has been met.
Thereafter, a similar report or response may be made as needed.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
ATTEST:
e
C1 erk
ATTEST: A
_eanne M. Lini, City Clerk -3-
COUNTY OF MARIN
By
Chairman, Boar
CITY OF SAN RAFAEL
of Sutervisors
Lawrence E. Mulrya , Mayor