HomeMy WebLinkAboutR 2025-040
RESOLUTION NO. 2025-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE CONTRACT FOR
ANIMAL CARE AND SERVICES IN SUBSTANTIALLY
FINAL FORM
WHEREAS, the San Luis Obispo County Division of Animal Services has provided the
City with animal care and control functions, including enforcement of ordinances and
State codes, for over thirty years; and
WHEREAS, the City Council approved a contract for services between the City and
County of San Luis Obispo on November 22, 2022 and that contract expires on June 30,
2025; and
WHEREAS, the new Contract provides the provision of Animal Care and Control Services
to the City for the next five years, through June 30, 2030; and
WHEREAS, contracted services will include, but are not limited to: sheltering and medical
care of stray, owner-surrendered, confiscated, and quarantined household animals;
reunification of sheltered animals with owners or adoption into new homes; receipt and
publication of lost and found animal reports; responses to calls for service from the Police
Department or residents for stray or loose animals, dangerous or vicious animals, bite
and neglect/abuse investigations, potential rabies exposure investigations and
quarantines, pick up of deceased animals; regulation of breeders and sales of domestic
animals; animal-related nuisance investigations; enforcement of State and local animal-
related laws; and
WHEREAS, approving the Contract with the County of San Luis Obispo County relates
to organizational or administrative activities that will not result in direct or indirect physical
changes in the environment, and therefore is not a project within the meaning of the
California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section
15378(b)(5); and
WHEREAS, the City will continue to incorporate the funding for Animal Care and Services
in the operating budget, Exhibit “A” provides a review of the compensation by fiscal year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande,
that:
1. The recitals set forth herein are true, correct and incorporated herein by this
reference.
2. The City Manager is authorized to execute the accompanying Contract (Exhibit A)
with the County of San Luis Obispo to provide animal care and services, for a
period of five years, in substantially final form, subject to any minor, technical, or
non-substantive changes as approved by the City Manager in consultation with the
City Attorney.
RESOLUTION NO. 2025-040
PAGE 2
On motion of Council Member Secrest, seconded by Council Member Loe, and on the
following roll call vote, to wit:
AYES: Council Member Secrest, Loe, Maraviglia, Guthrie, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 24th day of June, 2025.
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
RESOLUTION NO. 2025-040
PAGE 3
CONTRACT FOR
ANIMAL CARE AND CONTROL SERVICES
THIS CONTRACT, entered into by and between the County of San Luis Obispo, a
public entity in the State of California, (“County”) and, the City of Arroyo Grande, an
incorporated city in the State of California, (“City”).
RECITALS
WHEREAS, County has established the Division of Animal Services to provide animal
care and control functions including the enforcement of the ordinances of San Luis Obispo
County Code Title 9 and of California state codes pertaining to the care, keeping, and
management of animals; and
WHEREAS, County through Animal Services, maintains and operates an animal
shelter and a humane education program; and
WHEREAS, City is desirous of contracting with County for the provision of such
services;
NOW THEREFORE, in consideration of the covenants, conditions agreements and
stipulations set fourth herein, the parties hereby agree that to the following terms and
conditions.
TERMS AND CONDITIONS
1.Exhibits. The contract consists of the terms and conditions as set forth in the
following exhibits:
a.Exhibit A – Scope of Services
b.Exhibit B – Compensation
c.Exhibit C – Duration of Contract
d.Exhibit D – General Conditions
2.Notices. Notices required in this contract shall be provided to:
COUNTY: CITY:
Eric Anderson, DVM Matthew Downing
Animal Services Manager Arroyo Grande CIty Manager
865 Oklahoma Ave. 300 E. Branch Street
San Luis Obispo, CA 93405 Arroyo Grande, CA 93420
Exhibit A
IN WITNESS WHEREOF, County and Contractor have executed this Contract on the
day and year set forth below.
COUNTY OF SAN LUIS OBISPO CITY OF ARROYO GRANDE
By: By:
Chairperson of the Board of
Supervisors
Matthew Downing
Arroyo Grande City Manager
Date: Date:
ATTEST:
MATT PONTES
Ex-Officio Clerk of the Board of
Supervisors
By: ________________________________________
Deputy Clerk
APPROVED AS TO FORM AND LEGAL
EFFECT:
JON ANSOLABEHERE
County Counsel
Deputy County Counsel
Dated: June 18, 2025
CONTRACT FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT A – SCOPTE OF SERVICES
1) County Obligations. The County shall perform the following duties:
a) Shelter Services
i) Maintain, or cause to be maintained, an animal shelter whereat stray, owner
surrendered, confiscated, quarantined and custodially impounded household
pets are received and provided with appropriate care, housing, and shelter
services in accordance with state regulations, local ordinances, and policies
governing the humane treatment of such animals.
ii) Provide services allowing sheltered animals to be returned to their owners,
adopted into new homes, or to be humanely euthanized.
iii) Provide for the receipt and publication of lost and found animal reports.
iv) Provide services for the humane euthanasia of household pets and for the
disposal of their remains.
b) Field Services
i) Receive and respond to public calls for service related to alleged violations of
local or state codes pertaining to the care, keeping, treatment, and management
of animals.
ii) Provide for the response to any of the following circumstances 24 hours a day,
seven days a week:
(1) Domestic animals posing an active and present threat to public safety
(2) Domestic animals which are severely injured, sick, or in eminent risk and
whose owner is unknown or unavailable.
(3) Domestic or wild animals demonstrating signs of possible rabies infection.
(4) Calls for assistance from law enforcement or emergency response
personnel.
(5) Reported animal bites where the animal remains in the area unconfined and
whose owner is unknown or unavailable.
(6) Loose livestock roaming on roadways or other public areas.
iii) Provide for the response to any of the following during Animal Services' normal
business hours:
(1) Pick-up and impoundment of unlimited numbers of stray confined domestic
animals.
(2) Pick-up and disposal of unlimited numbers of dead domestic animals from
roadways, parks, and other public areas.
(3) Pick up and transfer to shelter of owned animals for surrender or
euthanasia.
(4) Pick up of dead owned animals for disposal.
iv) Provide for the necessary medical treatment and emergency care for domestic
animals picked up by Animal Services personnel and for those domestic animals
presented directly to veterinarians by private citizens and emergency response
personnel.
v) Provide for the receipt, processing and investigation of animal bite reports as
well as the subsequent quarantine of animals in accordance with state codes
pertaining to rabies control.
vi) In the event that an animal responsible for causing serious bodily injury (as
defined by Penal Code 243(f)(4)) or death to a person dies in the custody of, or is
euthanized by, Animal Services, County shall preserve the bodily remains of that
animal until such time as City has been consulted and approves of their disposal.
Nothing in this requirement shall be interpreted to prevent Animal Services from
collecting and processing any tissue or body samples required to comply with
legally mandated rabies testing requirements or other public health needs.
vii) Request assistance from the San Luis Obispo County District Attorney's Office
Bureau of Investigations when an animal bite results in significant injury causing
death or likely to cause death or in any case Animal Services believes may
require significant criminal investigation beyond the experience of Animal
Services Officers.
viii) Receive and respond to reports of animals, domestic or wild, which are
suspected to be rabid or to have been exposed to rabies infection and attempt
to affect their capture. Captured animals will be processed in accordance with
state codes pertaining to rabies control.
ix) Receive and process all applications related to the keeping and sale of
household pets; inspect and regulate permitted operations in accordance with
local and state codes.
x) Provide for the recording, investigation, administrative hearings, and issuance of
findings and orders related to animal nuisances, animal seizures or
confiscations, and dangerous or vicious animals. Nuisances which remain
unresolved following the issuance of an abatement order will be processed to
court through the District Attorney’s office.
xi) Assist in the preparation and filing of court documents related to the civil and/or
criminal prosecution of cases involving violation of municipal codes pertaining to
the care, treatment, and keeping of domestic animals.
xii) Provide for the preparation, filing and civil or criminal prosecution of cases
involving violations of California state codes pertaining to the care, treatment,
and keeping of domestic animals.
c) Reporting: Provide to the City bi-annual service activity and financial reports
reflecting field services, licensing, and shelter operations, programs. Reports will
detail this information for both the individual quarter and year-to-date.
d) Collaboration: Participate collaboratively with the City regarding matters impacting
the provision of animal care and control services. County shall not append or
modify the provisions of Title 9 of the San Luis Obispo County Code without having
first consulted with the City.
2) City Obligations. The City shall perform the following duties:
a) Ordinance Conformity: City shall adopt by reference Title 9 of the San Luis Obispo
County Code.
i) In the event that City does not desire to incorporate specific provisions of Title 9,
those provisions may be individually exempted from adoption.
ii) In the event that City desires to incorporate additional provisions related to the
care and keeping of animals which are not established by Title 9, those
provisions may be added and individually specified within City’s municipal code.
Animal Services will not be responsible for enforcing any added provisions which
are substantially outside of the Animal Service Division’s normal scope of
operations.
b) City shall immediately notify the County upon determining that any animal in the
custody of Animal Services is believed to have caused serious bodily injury (as
defined by Penal Code 243(f)(4)) or death to a person and request that the body of
that animal be preserved in the event that it dies or is euthanized while in custody.
c) Assistance: Provide such assistance and support to Animal Services personnel as
may be reasonably necessary to safely and effectively execute the operations
required by this contract within the City limits.
d) Collaboration: Participate collaboratively with the County regarding matters
impacting the provision of animal care and control services. City shall not append or
modify the provisions of its municipal code related to animal care and control
without having first consulted with County.
3) Animal Care and Control Coordination Group: The County and City agree that Animal
Services is a shared interest of all parties and that all participating jurisdictions will
share in the cost and revenue generated based on actual costs and fees generated in
each jurisdiction. Further, policy-setting, procedural changes and ordinance
development will happen in a collaborative manner, with all participating jurisdictions
having input into the best way to conduct these services in San Luis Obispo County.
a) To coordinate efforts, the participating jurisdictions, including the City and County
agree to meet and confer periodically to discuss current issues as they relate to the
fiscal and practical application of this contract, along with other potential items
identified by the group. Such meetings shall be coordinated by the County Animal
Services Manager from time to time as necessary, but no less than twice yearly.
4) As part of this commitment, the County agrees to develop performance benchmarks and
communicate them quarterly to the group on the following:
a) Cost of Services/per Capita (by City) overtime.
b) Cost of services/per City over time.
c) Number of Full-Time Equivalent (FTE) positions within Animal Control over time.
d) Number of field FTE within Animal Control over time.
e) Geographical Information Service (GIS) heat maps of calls for service over time by
City (requested development from County IT Department, maps to be provided
when available).
f) Average response times for priority calls over time by City.
g) Percentage of animals licensed by the City over time.
h) Other data points charted out over time that were used to spread out the Animal
Shelter costs.
CONTRACT FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT B – COMPENSATION
1) First Year Service Fee: The City agrees to pay to the County the amount of $178,541 for
services provided under this Contract during the first year of service.
2) Subsequent Years’ Service Fee: The County shall compute on an annual basis a service
fee assessed to the City for services provided under this Contract.
3) Timing of Service Fee: The County shall calculate annual service fees and provide them to
the City prior to April 15th of each year, with service fees becoming effective on July 1st
of that year. No further action by either party is necessary to implement new fees in
subsequent years.
4) Service Fee Methodology: The County shall use a service-based methodology for
determining city service fees. The service-based methodology shall be based on three
key facets of Animal Services' operations:
• Field Service
• Licensing
a) Determination of Cost of Service - The cost of providing services to the City will be
calculated by determining the average percentage of service allocated to the City
over the preceding three years for each of the four facets of operations and
multiplying this percentage against Animal Services operational budgeted expense
for each facet. Combined, this then represents the City's total service cost in
proportion to the County and all other contracting parties.
b) Credit for Fees - The average annual revenue generated from fees or fines assessed
directly to residents of the City by Animal Services over the preceding three years
will be applied against the City's total service cost.
c) Determination of Service Fee - The fee assessed to the City for provision of services
outlined in this contract shall be determined by subtracting the average revenue as
determined by item 4b of this exhibit from the average cost of service as
determined by item 4a of this exhibit.
5) Billing: County shall bill City for contracted services in quarterly increments. City shall
remit payment to the County within thirty (30) days of receipt of billing.
6) Year End Variance – In the event that Animal Services’ net operational costs for any fiscal
year are less than projected in the calculation of the service fee methodology (Item 4 of
this exhibit), the City’s proportionate share of that savings shall be applied as a credit
against the calculated service fee for the subsequent fiscal year.
In the event that Animal Services net operational costs for any fiscal year exceed
projections in the calculation of the service fee methodology (Item 4 of this exhibit), the
City’s proportionate share of the overage shall be added to the calculated servic e fee
for the subsequent fiscal year.
CONTRACT FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT C – DURATION
1) Effective Date: This contract shall be effective July 1, 2025, or fifteen (15) days following
of the date of the signature of the County, whichever is later. The County shall be the
last to sign this contract.
2) Service Date: City and County acknowledge that the services provided under this
contract are a continuation of those established during the preceding contract term
and that these services may have been provided continually and without interruption
between July 1, 2025, and the date of execution by the County in order to ensure the
interest of public service.
a) Both City and County expressly and retroactively authorize the provision of these
services.
b) For the purposes of billing and determination of the First Year Service Fee as
provided in Exhibit B, the first year of service will be presumed to have begun on
July 1, 2025.
3) Duration: The term of this Contract shall expire June 30, 2030, unless terminated sooner
as provided in Exhibit D.
CONTRACT FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT D – GENERAL CONDITIONS
1) Termination: Either party may terminate this contract at any time by giving the other
party thirty (30) days written notice of termination. Termination for convenience shall
have no effect upon the rights and obligations of the parties arising out of any services
provided occurring prior to the effective date of such termination. County shall be paid
for all work satisfactorily completed prior to the effective date of termination. In the
event that the contract is terminated prior to the conclusion of a quarterly billing cycle,
the City shall remit to the County a prorated amount based upon the number of days of
service relative to the total number of days in the billing cycle.
2) Indemnification: Nothing in the provisions of this Contract is intended to create duties or
obligations to, or rights in third parties not party to this contract or affect the legal
liability of either party to contract, by imposing any standard of care respecting the
regulation and enforcement of laws regarding animals different from the standard of
care imposed by law.
a) It is understood and agreed that neither City, nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by the County under or in connection with any work, authority
or jurisdiction delegated to the County under this Contract. It is also understood and
agreed that pursuant to Government Code 895.4, County shall defend, indemnify
and save harmless the City, all officers, and employees from all claims, suits or
actions of every name, kind, and description brought forth or on account of injuries
or death of any person or damage to property resulting from anything done or
omitted to be done by the County under this Contract except as otherwise provided
by Statute.
b) It is understood and agreed that neither County nor any officer or employee
thereof, is responsible for any damage or liability occurring by reason of anything
done or omitted to be done by the City under or in connection with any work,
authority or jurisdiction delegated to the City under this Contract. It is also
understood and agreed that pursuant to Government Code Section 895.4, the City
shall defend, indemnify and save harmless the County, all officers and employees
from all claims, suits or actions of every name, kind and description brought forth
on account of injuries or death of any person or damage to property resulting from
anything done or omitted to be done by City under connection with any work,
authority or jurisdiction delegated to the City under this Agreement except as
otherwise provided by Statute.
3) Notices: Any notice, payment, statement, or demand required or permitted to be given
hereunder by either party to the other shall be affected by personal delivery in writing
or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the
addresses appearing below, but each party may change its address by written notice in
accordance with this section. Mailed notices shall be deemed communicated as of three
days after mailing.
COUNTY CITY
Eric Anderson, DVM Matthew Downing
Animal Services Manager Arroyo Grande City Manager
865 Oklahoma Ave. 300 E. Branch Street
San Luis Obispo, CA 93405 Arroyo Grande, CA 93420
4) Status of the Parties' Officers/Employees/Agents: Neither party’s officers, employees,
agents, partners, other contractors or subcontractors shall be deemed to be employees
of the other party at any time. Nothing in this contract shall be construed as creating a
civil service employer - employee relationship or a joint venture relationship. No officer,
employee, agent, partner, other contractor or subcontractor of the other party shall be
eligible for membership in or receive benefits from any plan for hospital, surgical, or
medical insurance, or be eligible for membership in any retirement program, paid
vacation, paid sick leave, other leave, with or without pay, collective bargaining rights,
grievance procedures, appeals to the Civil Service Commission or any other benefits
which inures to or accrues to an employee of the other party. The only performance
and rights due the other party are those specifically stated in this contract.
5) Governing Law and Venue: This Contract shall be governed by and construed in
accordance with the laws of the State of California. Additionally, this contract has been
formed and shall be performed in San Luis Obispo County; the venue for any legal
action on the contract shall be in San Luis Obispo County.
6) Entire Agreement: This Contract embodies the complete agreement of the parties
hereto, superseding all oral or written previous and contemporary agreements
between the parties relating to matters herein; and except as otherwise provided
herein, cannot be modified without the prior written agreement of the parties.
7) Severability: In case any one or more of the provisions contained in this Contract shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision thereof and
this Contract shall be considered as if such invalid, illegal, or unenforceable provision
had never been contained in this Contract.
8) Successors and Assigns: This Contract shall be binding upon and insure to the benefit of
the parties hereto and their respective heirs, executors, administrators, successors and,
except as otherwise provided in this Contract, their assigns.
9) Captions: The captions to the various clauses of this Contract are for information
purposes only and shall not alter the substance of the terms and conditions of this
Contract.
10) Authorization: Each of the parties represents and warrants to the other that this
Contract has been duly authorized by all necessary corporate or governmental action
on the part of the representing party and that this Contract is fully binding on such
party.
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the
attached Resolution No. 2025-040 was passed and adopted at a regular
meeting of the City Council of the City of Arroyo Grande on the 24th day of June,
2025.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day
of June, 2025.
JESSICA MATSON, CITY CLERK