HomeMy WebLinkAboutStaff Report 4.B 04/15/2013 A It .#4.3
w.0ALty��
155e.
DATE: April 15,2013
TO: Honorable Mayor and Members of the City Council
FROM: John C. Brown, City Manager
SUBJECT: Resolution Repealing and Updating Enabling Legislation for the Animal Services
Advisory Committee
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Repealing and Updating
Enabling Legislation for the Animal Services Advisory Committee:
BACKGROUND
On June 22, 1998 the CityCouncil adopted Resolution 98-126 N.C.S., which established the
Petaluma Animal Services Advisory Committee (the Committee). The Resolution set out the
mission, composition, terms; duties and authorities, and,associated procedures of the Committee.
In August.2007, the City Council;adopted Resolution No 2007-143 N.C.S. (Attachment 2),
which updated, consolidated,_and confirmed the mission, responsibilities and procedures of the
Committee, and provided that one member of the Committee,would be a City Council member
who would serve as a voting member,and a liaison between the Committee and the Council.
Pursuant to the 2007 resolution; the Committee membership is currently'eleven (11) members.
Their duties and responsibilities areas follows:
`...education, public relations and fundraising relating.to:the well-being of animals in the
Petaluma community, providing advice to the City Council regarding such matters; and
other duties as may be prescribed by ordinance, rule, or direction of the City Council.
The Committee's duties do not include oversight of the Petaluma Animal Shelter staff or
operations. The Committee has no authority to employ any person or incur any expense
or obligation without approval of the City Council. The Committee shall have the right
to establish such procedures and regulations alit deems appropriate for the conduct of its.
meetings; the selection of its officers and the performance of its functions, consistent with
applicable law, including all applicable City Ordinances, Regulations, rules and/or
direction;of the City-Council."
At the Committee's December 5, 2012 meeting the role of the Animal Services Advisory
Committee was discussed, now that responsibility fondle Animal Services programs has been
Agenda Revi ,
City Attornd, Finance Director City CThager
transferred to the Petaluma Animal Services Foundation (PASF). When Animal Services
programs were operated by the City,-fund raising was the Committee's primary responsibility.
Committee members questioned their role, now that fund-raising is conducted by the PASF. I
attended the December 5, 2012 meeting and asked the Committee to assume new responsibilities
that would include reviewing and providing advice to the City Council on the sufficiency of the
semi-annual and annual performance reports required of the PASF under its agreement with the
City, as well as for other related areas.
It was also suggested the Committee meetings could provide a venue for the Community to
express concerns'regarding the'Foundation's activities, as they relate to the well-being of the
animals in Petaluma. All of these:additional duties would be consistent with the reporting
provisions of Section 21 (b)of the agreement with the PASF. In addition to its role, the
Committee also discussed the frequency of regular meetings and indicated an interest in moving
to a quarterly meeting schedule, more or less, as dictated by workload.
The matter was to return to the.Committee in early 2013 forfurther discussion. The attached
resolution,and a version of this.staff report were prepared, with intention that the Committee
would consider the proposed changes and provide recommendations to the City Council. The
Committee was also to have been asked to review the PASF's semi-annual report and to provide
comments as appropriate.tol the Council. A quorum of the Committee could not be established
for its March 2013 meeting. In the meanwhile three additional members of the Committee
indicated they wish to resign their positions. A canvas of the Committee indicated a quorum is
not availablefor an April meeting. Inasmuch as three additional resignations reduces the number
of remaining.Committee members to the size Where a quorum will be unattainable unless the
enabling legislation is amended to,reduce Committee size, this matter is brought directly to the
City Council for action without Committee recommendation.
DISCUSSION
Attached for your consideration and approval are revisions to the resolution establishing the
Animal Services Advisory Committee. Changes address the Committee's concerns as stated on
December 5, 2012, eliminate standing vacancies in Committee composition, maintain
consistency between sections when a change in any one section of the document prompts
changes mothers, and provide the City Council the ability to remove incumbents, if required,
during-incumbents' terms of office. The substantive changes from Resolution No. 2007-143
N.C:S., by section, are:
Section 1. Repeal. No changes.
Section 2. Continuance of CurrentTerms. This section is-amended to list the names of
incumbents filling positions on the Committee, and their current terms. Pursuant to changes
made to Section 3, which reduces the composition of the Committee to five, all existing vacant
positions are removed from the roster in Section 2.
Section-3. Composition. Eligibility fonniembership is expanded to include persons living within
the City's urban growth boundary, rather than limiting membership to persons residing within
2
incorporated city limits. Although Animal Control services in the urban growth boundary area
are not a City responsibility, animals living in.the'immediate vicinity of the City of Petaluma can
still impact demand for Animal Control and Shelter services.. The "Petaluma Community" is
also broader,than the area contained in its incorporated limits, and if concern for the welfare of
animals in the Petaluma Community is one of the Committee's duties, changing the eligibility
requirement as suggested seems appropriate. The number of positions is reduced from eleven
(11)to five (5). Two positions have been vacant for some time, two more vacated in December
2013, and three further resignations'were received in March, 2013. Five positions is a more
manageable number of members„reduces the possibility that positions will remain unfilled for
lack of interested applicants, and,allows the Committee to achieve a quorum from the number of
the group that remains. Staffing for the Committee was provided by the Animal Services
Manager, when the program was operated by the City. Services are now provided through a
contract with the PASF, administered in the City Manager's Office, and this section is further
changed to reflect that responsibility for staffing the Committee is with the City Manager or
his/designee. Whether the Manager's Office retains responsibility forstaffing the Committee or
delegates to the PASF, and only engages when semi-annual and annual reports are to be
presented, is undecided.
Section 4. Mission. No changes.
Section 5. Duties/Authorities. ,Changes add emphasis;to the Committee's education and public
relations duties related to those animals taken into and housed at the shelter, and assigns
authority to review the periodic status reports submitted by the PASF and to provide advice to
the Council with respect.to"those reports. Changes to this section further expand the
Committee's advisory role to`the'Council to include matters related to animal welfare raised by
the public at Committee meetings, and proposed changes to the City's'schedule of fees and
charges for Animal Services and to schedules for fines;and penalties..The section also is
amended to remove fund-raising from the Committee's responsibilities, as the primary
responsibility for those efforts was assumed by the PASF.
Section 6. Terms. No changes.
Section 7. Resignation/Removal. Changes in this section include the,removal of the word
"City", with respect to respect to a loss of residency, reflecting the change to Section 3 that
extends eligibility to persons residing within the City's urban growth boundary but outside
incorporated City limits. Two sentences are also added that clarify that the City Council, by
majority vote, may remove a Committee member with or without cause. This change adds
specificity regarding the City Council's powers to remove an incumbent before their term has
expired, if circumstances outside others delineated in this section support such removal.
Section 8. Vacancies. No changes.
•
Section 9. Meetings. Currently, the Committee is supposed to meet monthly. Changes in this
section provide: or quarterly, meetings, more or less, as needed. It would be the prerogative of
the Committee,through its rules and procedures, to establish the regular quarterly schedule. Any
of those meetings can be cancelled if there is not sufficient business to warrant the meeting.
3
Conversely, if additional business requires the Committee's attention before the next regularly
scheduled meeting, this change allows the Committee to schedule,meetings as needed.
Section 10. Quorum/Action. Presently, the Committee is constituted with eleven members, and
the quorum required to conduct business is six, Quorum in this section is reduced to three.
which represents-amajority of a Committee oFfive, and reflects the changes recommended in
Section 3.
FINANCIAL IMPACTS
There are no net financial impacts associated with the recommended changes. One area with
potential cost,implications is Committee staffing. As indicated, in the past staffing for
Committee meetings was provided by the Animal Services Manager. The cost of that
individual's time, as well as minimal costs associated with meeting Brown Act requirements was
supported by the General fund. Recommended changes include transferring staffing
responsibilities to the City Manager's Office, where staffing costs are greater than they were in
Animal Services. Those cost.differences, however, are expected to be offset by a reduction in
the number of scheduled meetings from twelve to four per year. Costs may be further offset if
staffing duties are shared between the City Manager's Office and the PASF. The City Manager
or a designated City employee will continue to,ensure that Brown Act public noticing
requirements are met for all Committee-meetings.
ATTACHMENTS
1. Resolution Repealing and Updating Enabling Legislation for the Animal Services
Advisory Committee.
2. Resolution No. 2007-143 NCS
4
ATTACHMENT 1
RESOLUTION REPEALING AND UPDATING ENABLING LEGISLATION FOR THE
ANIMAL.SERVICES ADVISORY COMMITTEE
WHEREAS, the City Council created the Animal Services Advisory Committee ("the
Committee") on June 22, 1998, by adopting Resolution 98-126 N.C.S.; and
WHEREAS, from time to time the City Council has identified the responsibilities of the
Committee and appointed members to the Committee, including a member of the City Council as
Council liaison and voting member to the Committee; and
WHEREAS, the City Council most recently updated the enabling legislation for the
Committee on August 6, 2007 by Resolution No. 2007-143 N.C. S.; and
WHEREAS, the City Council, on July 2,2012, by Resolution 2012-106 N.C.S.,
approved a professional services agreement with the Petaluma Animal Services Foundation
(PAST) to provide animal control and shelter services.for the City of Petaluma; and
WHEREAS,the City Council wishes to confirm the mission; amend the composition,
responsibilities, and procedures, of the Committee; and clarify the administrative support
responsibilities of the PASF as they relate to the Committee.
NOW THEREFORE, BE IT RESOLVED that:
1. Repeal. All previous resolutions relating to the City's Animal Services Advisory
Committee("the Committee") are repealed and superseded by this resolution or to the
extent that they contain provisions that conflictwith this resolution.
2. Continuance of Current Terms. Subject to the provisions of this resolution, all current
members of the Committee shall continue to serve for the remainder of the terms to
which they have been appointed. Current Committee members and the expiration of each
term are:
Albertson, Chris, Council liaison, 12/13
Donovan, Mike 6/14
Richardson, Lynn 6/13
Slager, Christina • 6/13
5
3. Composition.; The Committee shall consist of five members,:one of whom shall be a
member of the City Council who shall serve as jiaison between the Committee and the
City Council and who Thall be a voting/member of the Committee. Members of the
Committee shall be residents of the City of Petaluma; or reside within its urban growth
boundary. The City Manager, or his or-`her designee, shall serve as Committee staff and
advise the Committee as needed in the performance of its duties.
4. Mission. The mission of the Committee is to protect, promote respect for, and enhance
the well-being of all animals in the Petaluma Community.
5. Duties/Authorities. The Committee's-'duties shall include education and public relations
related to the welfare of animals in the Petaluma Community, and particularly as it relates
to those animals taken into and housed at the Animal Shelter.The Committee shall also
periodically review the activities of thotPASF as it carries out its contracted
responsibilities, and provide,advice to the City Council when appropriate on that, or on
any other subject or matter related to animal welfare as may be prescribed by the City
Council by ordinance, resolution, rule, or direction of the Council. Matters for review
shall include reports required of PASF'pursuant to contractual agreement, and concerns
raised by the public at Animal Services,Advisory Committee meeting that are within the
Committee's purview, and may include new orrevised fees and charges associated with:
animal licensing; fees for service; penalties and fines, and'other charges that may be
imposed or revised by the City Councilfrom tune-to-tune. The Committee duties do not
include oversight of PASF staff or operations, finances or°accounting, or administration
of the services contract. The Committee has no authority to employ any person or incur
any expense or obligation without approval of the City Council. The Committee shall
have the right to:establishsuch procedures and regulations as it deems'appropriate for the
conduct of its meetings, the selection of its officers, and the performance of its functions,
consistent with applicable law including all applicable City ordinances, regulations rules,
and/or direction of the City Council.
6. Terms. The term of office of each member, other than the Council liaisonv'shall'be three
years, and shall commence on July 151 of the year appointed. Members appointed after
July 15L`shall serve the remainder of the:term they were appointed to fill. No member
shall serve more:than'three consecutive terms. The Council liaison shall be appointed
annually in January by the City Council. The members' terms shall be staggered such
that the terms of no'more:than three members, not including the City Council liaison,
shall expirein any given year. Notwithstanding.the expiration of'a member's term
pursuant to this provision, and subject to provision 7, members shall serve until a
successor is appointed by the City Council.
6
7. Resignation/Removal. The City'Council maydeclare the office of a member vacant:
upon the resignation, death,-disabilitythat.results in the inability of a member to perform
his/her duties, loss of residency or other status required for the member to be eligible to
serve, or unexcused absence of a member from three consecutive regular meetings. The
City Council may also remove any member of the Committee, with or without cause, in
the sole'discretion of the City Council. Such removal shall require the affirmative vote of
at least four members of the City Council.
8. Vacancies. Upon declaring a Committee office vacant for any reason, the City Council
shall thereupon appoint a qualified peron.to fill the vacancy for the unexpired term.
9. Meetings. Meetings shall be held quarterly, and/or at other times, as necessary at a time
and date convenient to the majority of the members. Meetingsshall be subject to all
applicable requirements of the Ralph M. Brown Act ("the Brown Act", California
Government Code Section 54950 et seq).
10. Quorum/Action. A quorum of three members is required to meet and conduct business.
Fewer than three members„or if no members are present, staff to Committee, may
adjourn the meetings of the Committeein accordance with all applicable requirement of
the Brown Act. All actions or recommendations of the Committee shall be made at a
meeting at which a quorum of the Committee is present and shall be made by majority
vote of the members present. A tie vote shall constitute no action on the motion,
proposed action, or recommendation.
7
ATTACHMENT 2
Resolution No. O 4 N.C.S.
of the City of Petaluma, California.
A RESOLUTION OF THE CITY COUNCIL OF>THE CITY OF PETALUMA
REPEALING.AND UPDATING ENABLING'LEGISLATION'FOR
THE ANIMAL SERVICES ADVISORY COMMITTEE
WHEREAS, the City Council created the,AnimallServices Advisory Committee ("the
Committee") on June22, 1998, by adopting Resolution 98-126 N.C.S:; and,
WHEREAS, from tithe to time the City Council has identified,the,responsibilities of the
Committee and appointed members to the Committee; and,
WHEREAS, the'CityCouncil wishes to formally add,a member of the City Council as a
Council liaison and voting member of the Committee; and,
WHEREAS, the City Council wishes to consolidate and confirm the mission,
responsibilities and procedures of the Committee.
NOW,THEREFORE, BE IT RESOLVED that:.
1. Repeat. All previous resolutions relating:to theiCitys.Animal Services
Advisory Committee-("the,Committee") are repealed and superseded by
this resolution to the extent that they contain provisions that conflict with
this resolution.
2. Continuance of Current Terms. Subject.to.the provisions of this
resolution, all current members of the Committee shall continue to serve
for the remainder of the terms to which they have been appointed. Current
committee members and the expiration date of each term are:
BOYD,-Patricia 6/10
CARTER, Matthew, D.V.M. 6/08
ELIOT, John G., Jr. 6/08
EARL, Grant 6/10
LONG, Jonathan 6/09
MORRIS, Pamela 6/08
NAU,:Karen, Council Liaison 12/07
SEBRING,-Sharon 6/10
3. Composition. The Committee shall consist of eleven members, one of
whomshall be'a member of the.City Council, who.shall serve as liaison
between the Committee and the'City Council and who shall'bea voting
member of the Committee. Members of the Committee shall be residents
Resolution No.217UZ21*J3 N:C.S.
'
of the City of Petaluma. The City's Animal-Services Manager or her/his
designee"shall serve as Committee staff'and advisesthe•Committee as
needed in the performance!of'its•duties.
4. Mission. The mission of the Committee is to innovatively protect,
promote respect for and enhance the well-being of all animals in the
P eta l uina'c o mmuni ty.
5. Duties/Authority. The Committee's duties shall include education,
public relations and fundraising relating to the well-being of animals in the
Petaluma,community; providing advice to the City Council regarding such
matters, and such other duties as may be presented by ordinance,
resolution;'rule or direction of the City Council, The Committee's duties
do not include oversight of Petaluma Animal.Shelter staff or operations.
The Committee`has no authority to employ any person or incur any
expense or obligation without approval of the City Council. The
Committee shall havethe right to,establish such procedures and
regulations as it deems appropriate for tle,conduct of its meetings, the
selection of its officers and;the performance of its functions, consistent
with applicable law, including all applicable City ordinances, regulations,
rules and/or direction of the City Council.
6. Terms.. The term of office,of each member, other,than the Council
liaison, shall be three years,commencing on July Fs' of the year appointed,
and no member shall serve=for more than 3 consecutive terms. The
Council liaison shall be appointed annually in January by the City
Council. The members' terms shall be staggered`such-that the terms of no
more-than five members, not including:the City Council liaison, shall
expire in any given year. Notwithstanding the expiration of a member's
term pursuant to this provision, and subject to provision 7, members shall
serve until a successor is appointed$ythe City Council.
7. Resignation/Removal. The City Council may declare the office of a
membervacant: upon the resignation, death, disability that results in the
inability of a member to perform her/his duties;.loss of permanent City
residency or other status required for the member to be eligible to serve;
unexcused absence,ofa member from three consecutive regular meetings
of the Committee; or for any other reason in the'Council's sole discretion.
8. Vacancies. Upon declaring a.CoMmittee office vacant for any reason, the
City Council shall thereupon appoint a qualified person to fill the vacancy
for the unexpired term.
9. Quorum/Action. A quorum of six members is required to meet and
conduct',business. Fewer than six members, or if,no'members are present,
staff to the Committee, may adjourn meetings of the Committee in
accordance with all applicable requirements of the Ralph M. Brown Act
(California Government Code Section 54950 et seq.). All actions or
Resolution No.ZOO7t.43 N.C.S. Vnq
1
recommendations,of the Committee shall`be,made at a Meeting at which
quorum of the Committee is present and shall be.made by majority vote of
the members-present. A tie vote shall constitute'no action.on.the motion,
proposed'action or recommendation.
•
Under the power and'authorityconferred upon this Council by.Ihe.Chartcr:of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the t ppr e a 'to
Council ol1the City of Petaluma at a Regular meeting on the 6th day of August, rn-
2007,by the following voter
City mey
AYES: Barrett,Freitai,Harris,Vice Mayor Nau,Rabbits,Mayor Tertian
NOES: None r�
ABSENT: O'Brien
ABSTAIN: None _ • e��
ATTEST: �'�'l � Its /" f�.i i
City Clerk I Mayor �.
Resolution No.2007£7$7 N.C.S.
to