HomeMy WebLinkAbout19G - OC ANIMAL CARE SRVS UPDATEi
CITY COUNCIL MEETING DATE:
APRIL 5, 2016
TITLE:
COUNTY OF ORANGE ANIMAL CARE
SHELTER AND SERVICES UPDATE
(STRATEGIC PLAN GOAL NO. 1, 5)
I
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
19-42001TA i7
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 "a Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file an update on the Orange County Animal Care Shelter and services.
DISCUSSION
On March 24, 2016, Orange County Community Resources notified the City Manager's Office of
the County's decision to move forward with the construction of a new Animal Care Shelter. Given
the conditions of the aging shelter, the County will be expediting the construction of the new
facility with an expected completion date of Fall 2017. The new facility will be constructed over a
10 -acre parcel at the former Marine Corps Air Station Tustin Base for an estimated $35 million.
The cost of the new facility will be shared amongst all participating cities. As such, the County is
requesting that cities who wish to engage services at new Animal Care Shelter to commit and
execute a Participation Agreement and Agreement for Provision of Animal Care Services by April
30, 2016. No cities will be added for a three -year period following the execution of the
agreements.
As part of our due diligence, Police Department staff contacted animal care shelters from
surrounding communities and has determined that other than the County of Orange Animal Care
Shelter, no other animal care shelter in the County has the capacity to address Santa Ana's
animal care needs. The animal care facilities that City Staff contacted include:
• Irvine Animal Care Center
• Laguna Beach Animal Shelter
• Orange County Humane Society (in Huntington Beach)
• Westminster Animal Care Center
• Mission Viejo Animal Services Center
• Dana Point Animal Shelter (in San Clemente)
19G -1
Orange County Animal Care Shelter and Services Update
April 5, 2016
Page 2
In order to participate in the County's new Animal Care Shelter, the City will need to provide a
response no later than April 11, 2016 stating the projected date in which the City Council will take
action on both the Participation Agreement and Agreement for Provision of Animal Care
Services. As such, Staff will bring forward an agenda item for City Council consideration at the
April 1gth City Council meeting.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal # 1 - Community Safety, Objective
#5, (provide high quality Police and Fire /Emergency Medical Services response within the City of
Santa Ana).
FISCAL IMPACT
There is no fiscal impact associated with this item
CaNes'Rojas
Chief of Police
Santa Ana Police Department
Exhibits: 1. Orange County Community Resources letter dated March 24, 2016
2. OC Animal Care Services Summary of Major Terms
3. Maximum Construction Costs and Participation Formulas
4. OC Animal Care Facility Site Parcels
19G -2
0 IR A N G E C O U N T Y
C om:rr uni Resources
Our commun/ty. Our Commitment.
19G -3
March 24, 2018
STEVE FRANKS
Exhibit 1
DIRECTOR
OC COMMUNITY RESOURCES
Dear City Manager;
7ENNIFER HAWKINS, DVM
DIRECTOR
RE: ORANGE COUNTY ANIMAL CARE SHELTER & SERVICES
OC ANIMAL CARE
As you are aware, the County of Orange is moving forward on the construction
RENEE RAMIREZ
of a new Animal Shelter at the former MCAS Tustin Base. This project Is being
INTERIM DIRECTOR
expedited given the condition of our aging Shelter. Considerable progress
OC COMMUNITY SERVICES
has been made, including;
DULIA BIDWELL
. Terms & conditions have been negotiated for Site Control of the MCAS
INTERIM DIRECTOR
HOUSING COMMUNITY
Tustin parcel consistent with the Notice of Intent approved b the
P Pp Y
DEVELOPMENT & HOMELESS
South Orange County Community College District (SOCCCD) and the
PREVENTION
Board of Supervisors last December. The proposed Lease Agreement
and Amended Land Exchange Agreement are scheduled for
STACY BLACKWOOD
presentation to the Board of Supervisors for approval on April 12,
DIRECTOR
2018,
OC PARKS
. Conceptual design and CEQA work is completed, and an RFP for a
Design /Build contract has also been completed. The recommended
HELEN FRIED
firm and proposed Design /Build contract are currently scheduled for
LIBRARIAN
The April 12, 2018 meeting of the Board of Supervisors,
OC PUB
QC PUB LIC LIBRARIES
Over the last several months, County staff and a team from the current
contract cities have been negotiating contract terms for a Participation
Agreement and the Agreement for Provision of Animal Care Services. It is my
understanding that the contract cities have been briefed on our progress by
the city negotiating team and the Mayor terms have been shared,
In summary, the Participation Agreement involves a $35 million dollar project
on the 10 acre parcel at MCAS Tustin. The County is providing the land and
the initial $5 million toward the project, with the cities providing a $30 million
contribution. The Participation Agreement Includes a schedule of the
distribution of city costs (assuming a $35 million project in total and
participation by all 18 contract cities,) The contract allows for payment of the
city payments over a 10 -year period,
Several cities are exploring alternate service models. Please be advised that
there Is scalablllty In the proposed Design /Build contract. We Intend to work
with the Design team and our contract cities as to address sizing (and related
cost reductions) to reflect the service needs for the actual number of cities that
opt into contracts,
The Agreement for Provision of Animal Care Services involves a 10 -year term,
effective from the date of execution. Neither party may terminate without
OFFICE OF THE DIRECTOR
cause. Further, individualized service levels and fee structures may be
1770 NORTI4 BROADWAY
SANTA ANA, CA 92706•
negotiated by city P r ovidin g that the resultin g service level does not conflict
2642
with existing law or endanger public health,
PHONE: 714,480,2788
PAX: 714,480.2899
At this point in time, we request a commitment from your city in the form of
19G -3
ORANGE COUNTY ANIMAL CARE SHELTER & SERVICES
PAGE 12
MARCH 24, 2016
executing the two agreements. Attached is the final Participation Agreement and the
Agreement for Provision of Animal Care Services, These agreements were reviewed by the
City Attorney for Anaheim and the City of Garden Grove. A summary of Major Terms for both
agreements Is attached, Please note that the exhibits for the Participation Agreement includes
a site map, Initial conceptual design work, a copy of the executed NO[ between SOCCCD and
the County, the maximum construction costs and participation formula (by city), payment
schedule (for the 10 -year city payments), and the Amended Services Agreement,
Although we had initially requested city commitments earlier in April, we are now requesting
cities execute both agreements by April 30th. There will be no cities added after that for a three
year period while design and construction Is completed and the initial operational protocols are
developed at the new site.
Please provide a response by April 11t' with the projected date your City Council will take
action and your planned recommendation as available. This information is important as these
two agreements will be presented to the Board of Supervisors for action on April 12, 2016.
I would also like to take this opportunity to share that the County is taking considerable efforts
to improve and upgrade the services provided by OC Animal Care. Most recently, the County
has secured the services of a Shelter expert to assist in evaluating our current practices, with
the expectation that she and her team will make recommendations regarding "best practices"
for Shelter operations. We expect that you will be contacted as a part of this effort. The final
recommendations will be reviewed with contract cities, animal advocates, rescues, and the
general public in the preparation of an action plan. Dr, Jennifer Hawkins, Shelter Director, is
available to provide details on this project and respond to any questions you may have
regarding the services provided by OC Animal Care,
Thank you for your assistance in expediting this matter. Your continued partnership in
providing Animal Shelter and Field Services is appreciated. Please give me a call at 714.480-
2788 with any questions you may have regarding the two agreements,
Yours truly,
,�. 41,2�y
Date
OC Community Resources
C: Frank Kim, County Executive Officer
Mark Denny, Chief Operating Officer
Attachments: Summary of Major Terms
Participation Agreement
Agreement for Provision of Animal Care Services
19G -4
Exhibit 2
OC ANIMAL CARE SERVICES
NEW AGREEMENTS FOR SHELTER CONSTRUCTION AND
SERVICES
MAJOR TERMS
Participation Agreement (New Shelter)
1. Establishes a Design Advisory Board consisting of three (3) city
representatives. Two of the representatives must be from cities
individually constituting more than 8% of the total usage of the
existing shelter (Anaheim, Santa Ana, Garden Grove or Orange).
2. If at any time the County elects to discontinue providing animal
sheltering services, the cities have an option to take over the operation
of the shelter from the County under a ground lease arrangement.
This option is in play for 50 years.
3. Maximum shelter cost is based on a $35M shelter with the County
contributing the first $5M toward costs incurred after April 1, 2016.
The remaining $30M is divided proportionally among cities based on
the previous 5 years of shelter usage. See attached draft exhibit D.
4. Payments may be made in advance, or at the election of each
individual city, over a ten year period. For those cities electing the 10
year payment period, payments will be due quarterly beginning in
October 2016 and will include an additional funding cost (0.77 %) See
attached draft exhibit E.
5. After year 5, each city's respective percentage share of the maximum
construction costs shall be recalculated based on the same formula as
set forth in draft exhibit D but using then current statistical data. If any
city's respective percentage share is altered by the recalculation by
more than 5 %, then each city's total share of the maximum
construction costs shall be recalculated so that the originally calculated
percentage shall be applied to one half of the maximum construction
costs and the recalculated percentage shall be applied to the second
half of the maximum construction costs.
19G -5
6. No city will be added to OC Animal Care program for a period of three
years to allow for appropriate sizing and establishment of operational
protocols for the new shelter. New cities will be required to pay a pro
rata portion of the maximum construction costs based on the formula
in draft Exhibit D. New monies will first be applied toward any
necessary shelter expansion and the remainder will be deposited into a
shelter maintenance and repair fund to off -set future costs to all
contract cities.
7. Any excess funds (maximum construction costs less actual
construction costs) shall be credited to cities against future charges
under each city's Services Agreement.
8. Participating cities are making a ten (10) year operational
commitment.
9. Maximum construction costs may increase under the following
conditions:
I. The recalculation under number 5 above. There will be
winners and losers, if applied.
II. One or more cities fail to execute the Participation
Agreement. The maximum shelter cost of $35M is based
on all existing contract cities signing the Participation
Agreement. If any cities do not sign the Participation
Agreement, then the maximum cost to the remaining cities
may increase. While there is built -in scalability in the
County's design -build contract, there are also some fixed
costs that cannot be adjusted.
III. When a city fails to make payment under the 10 year
payment plan. If a city defaults on its payments, the
County will pursue all legal remedies and the remaining
cities may also pursue legal remedies. Should the non-
paying city pay any amount owing, the increased cost to
other cities will be reimbursed.
Agreement for Provision of Animal Care Services
A. Ten year term. County will still issue an annual Notice of Intent.
19G -6
B. May be terminated by County immediately upon default by a city
under the Services Agreement or the Participation Agreement.
C. County will no longer be able to terminate without cause.
D. City and County may agree to individualized services if the resulting
service level will not conflict with state or federal statutes and not
endanger the public health.
E. Cities may adopt fee amounts that differ from the County's fee
schedule.
F. The FOAB is changed to the City Managers Association Animal Care
Committee (CMAAC) and will be constituted at the discretion of the
cities. The County no longer has the right to change the constitution of
the committee.
G. No less than once every three years, the County will engage an
external auditor to review city billings.
H. The Services Agreement must be executed simultaneously with the
Participation Agreement.
IMPORTANT NOTE
The County is requesting that cities approve and execute the agreements by
April 1. If an individual city requires more time, they should contact Steve
Franks directly at (714) 480 -2788.
19G -7
1. Exhibit 3
Maximum Construction Costs and Participation Formula
Maximum Construction Costs
$35,000,000
$5,000,000 County Contribution
$30,000,000 Contract Cities Funding Share
*Costs included are identified in Section 2.1 of the Participation Agreement.
Participation Formula
The total projected cost to the Contract Cities is based on $30.0 million as the total contract city
contribitution. The distribution among the Contract Cities is an estimate assuming participation
by all 18 cities currently contracting with the County for OCAnimal Shelter services. Estimates
do not include Additional Funding Costs associated with a 10 -year Payment Schedule.
Estimated costs for each city are based on a historical five -year average of Animal Charge Days,
expressed as a percentage of the total. Animal Charge Days represents the number of days
animals receive board and care at OCAC.
Calculation of pro rata portion of Maximum Construction Costs for new cities added after initial
contract execution and three year period as set forth in Section 3. of the Participation Agreement
will be based upon comparability to similar sized cities under contract with the County based
upon a five year average annual Shelter Utilization figure using actual admissions and shelter days
for the new city with their current /previous Shelter provider. In the absence of available shelter
data for a new city, the pro rata portion will be based upon comparability to similar sized cities
under contract with the County based upon city population as identified in the most recent
California State Department of Finance publications.
Grove
is Hills
Forest
cho Santa
Juan Capi
Park
Total
19G -8 Page 1 of 1
Distribution of Cities' Share
of Maximum Construction Costs
$
7,017,529
23.39%
$
367,454
1.22%
$
568,874
1.90%
$
777,973
2.59%
$
2,240,317
7.47%
$
4,142,755
13.81%
$
1,829,954
6.10%
$
222,122
1 0.74%
$
555,539
1.85%
$
2,467,472
8.22%
$
548,846
1.83%
$
209,618
0.70%
$
270,168
0.90%
$
6,867,112
22.89%
$
612,821
2.04%
$
791,152
2.64%
$
46,853
0.16%
$
463,442
1.54%
$
30,000,000
100.00%
19G -8 Page 1 of 1
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