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HomeMy WebLinkAboutRDA Packet 1998/02/17 Tuesday, February 17, 1998 Council Chambers 6:00 p.m. Public Services Building (immediately following the City Council meeting) Joint Meeting of the Redevelooment Agencv/City Council of the Citv of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency/Council Members Moot -' Padilla -' Rindone -' Salas -' and Chair/Mayor Horton - CONSENT CALENDAR ( Item 2 ) (Will be voted on immediately following the Council Consent Calendat during the City Council meeting) The staff recommendations regarding the following item listed under the Consent Calendar will be enacted by the Agency by one motion without discussion unless an Agency member, a member of the public or City staff requests thaJ the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 2. a) COUNCIL APPROVING PURCHASE AND SALE AGREEMENTS WITH THE RESOLUTION 18904: RESPECTIVE PROPERTY OWNERS OF 110-130 BEYER WAY AGENCY AND 1771 FOURTH AVENUE FOR SITING THE NEW CITY RESOLUTION 1569: ANIMAL SHELTER AND APPROPRIATING $670,000 THEREFOR--On 7/15/97, Council directed staffto pursue negotiations on several properties for siting a new City Animal Shelter. The Beyer Way and Fourth Avenue properties became the preferred site after analyzing parcel size and availability, acquisition and off-site costs, vehicular access and circulation, as well as visibility and convenience for the public. Staff recommends approval of the resolutions. (Community Development Director) 4/5ths Vote Required. b) COUNCIL REGARDING ITS INTENTION TO ISSUE TAX EXEMPT RESOLUTION 18905: OBLIGATIONS TO FINANCE THE CITY'S ANIMAL SHELTER . . . END OF CONSENT CALENDAR" . ADJOURNMENT TO CITY COUNCIL MEETING At this time, the Redevelopment Agency will adjourn to the Council meeting. ............. - - .. - Agenda -2- February 17, 1998 ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matier within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generolly prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency Members. OTHER BUSINESS 3. DIRECTOR/CITY MANAGER'S REPORT(S) 4. CHAIR/MA YOR'S REPORT(S) 5. AGENCY/COUNCIL MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to the Regular Redevelopment Agency Meeting on March 3, 1998 at 4:00 p.m., immediately following the City Council meeting, in the City Council Chambers. .......... CLOSED SESSION Unless Agency Counsel, the Executive Director, or the Redevelopment Agency states otherwise at this time, the Agency will discuss and deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency is advised should be discussed in closed session to best protect the interests of the City. The Agency is required by law to return to open session, issue any reports of Jim!1 action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency's return from closed session, reports of Jim!1 action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office. Agenda -3- February 17, 1998 6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 a.1. Property: Assessor's Parcel Nos. 565-310-09 and 25; and 567-011-04 Negotiating Parties: Redevelopment Agency (Sid Morris/Chris Salomone), and San Diego Padres Under Negotiations: Price and terms for disposition Property: Assessor's Parcel Nos. 565-010-30; and 567-011-05 Negotiating Parties: Redevelopment Agency (Sid Morris/Chris Salomone), Pearl Development (owner), and San Diego Padres Under Negotiations: Price and terms for acquisition/disposition 2. Property: Assessor's Parcel Nos. 760-048-03, 06 through 08, 16, 17, and 50 through 55 Negotiating Parties: City and Redevelopment Agency of Chula Vista (Sid Morris/Chris Salomone), Port District (owners), and San Diego Padres Under Negotiations: Price and terms for acquisition/disposition 3. Property: Assessor's Parcel Nos. 760-048-05 (portion of), 12, 15, and 59; and 571-330-13, and 17 (portion of) Negotiating Parties: City and Redevelopment Agency of Chula Vista (Sid Morris/Chris Salomone), Port District and Rohr, Inc. (owners), and San Diego Padres Under Negotiations: Price and terms for acquisition/disposition - - . - JOINT REDEVELOPMENT AGENCY/COUNCIL AGENDA STATEMENT Item d.. Meeting Date 02/17/98 ITEM TITLE: A. COUNCIL RESOLUTION 11QO"'¡ AGENCY RESOLUTION I S' foe¡ APPROVING PURCHASE AND SALE AGREEMENTS WITH THE RESPECTIVE PROPERTY OWNERS OF 110.130 BEYER WAY AND 1771 FOURTH AVENUE FOR SITING THE NEW CITY ANIMAL SHElTER AND APPROPRIATING $670,000 THEREFOR B. COUNCIL RESOLUTION 18' q 0 s: REGARDING ITS INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS TO FINANCE THE CITY'S ANIMAL SHElTER SUBMITTED BY: Community Development Director C~ ç. l'lv REVIEWED BY: Executive Directort./1DI1 (4/Sths Vote: Yes...!... No~ BACKGROUND: On July 15, 1997 Council directed staff to pursue negotiations on several properties for siting a new City Animal Shelter. As indicated in the July 15 staff report (Attachment 3), five sites were "short-listed" as follows: The Hazard and Sexton properties on Maxwell Road; 325 Trousdale Drive; 130 Beyer Way/I771 Fourth Avenue; and the southwest corner of Broadway and Faivre. The Beyer Way and Fourth Avenue properties became the preferred site after analyzing parcel size and availability, acquisition and off. site costs, vehicular access and circulation, as well as visibility and convenience for the public. Negotiations for the acquisition of the three parcels, totalling 2.84 acres, (see locator map as Attachment 1) have been completed and the agreements are being presented for approval (Attachment 2). Council is also being requested to adopt a Resolution of Intent which is necessary to reserve the City's ability to be reimbursed for expended Animal Shelter project costs from proceeds of debt obligations that may be issued in the future to finance this project as well as other planned public facilities on the horizon. It is important to note that, although the resolution affirms the City's intent to issue debt, the City is not obligated to do so. RECOMMENDATION: It is recommended that the City Council and Redevelopment Agency adopt the resolution authorizing the execution of Purchase and Sale Agreements for 110.130 Beyer Way and 1771 Fourth Avenue and appropriating $670,000 therefor from the Corporation Yard Relocation DIF (#804.8040) to CIP Project GG.158 for siting the new City Animal Shelter; and adopt the Resolution of Intent to issue Tax Exempt obligations for financing the City's Animal Shelter. d--( Page 2, Item J- Meeting Date 02/17/98 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The three properties recommended to be acquired for the new Animal Shelter are located within the Southwest Redevelopment Project Area at 110 and 130 Beyer Way (Standard Plumbing as owner) and 1771 Fourth Avenue (Dodds as owner) along the northwest corner of Fourth Avenue and Beyer Way just south of Main Street. The properties are currently undeveloped and zoned I-l (limited. Industrial). The site is conveniently located along a heavily travelled connector road that links south San Diego with Main Street and Third Avenue. The Police Department and other appropriate City departments agree that the site is appropriate for an Animal Shelter with the traffic volume and visibility necessary to run a successful shelter operation and pet adoption program. The site is immediately adjacent to industrial uses on the west and mixed commercial/industrial to the north and east. Open Space (future Otay Valley Regional Park) and the Otay River Valley/Nelson Sloan Batching Plant is south of the site. Potential residential impacts on the small subdivision located further east (identified on the locator map) can be mitigated with proper facility design and site planning. The project will be the subject of a Special Use Permit and review by the Design Review Committee wherein any issues will be identified and addressed. The project will then be returned to Council for final approval. Property Acquisition Costs In the July 15, 1997 staff report, an anticipated need of two acres with an estimated acquisition cost of $5.50 per sq. ft. was provided. Staff is presenting to Council negotiated deals that, collectively, fall within the $5.50 per sq. ft. estimate as follows: ADDRESS PRICE ACRES $/SO. FT. 110 Beyer Way $51,685 .27 $4.40 130 Beyer Way 305,085 1.47 4.70 1771 Fourth Avenue 311,450 1.10 6.50 TOTAL $668.220 ... 2.84/ac. = $5.40 / per sq.ft. The difference in the price per square foot is the value attributed to the street and utility improvements installed by the property owner at 1771 Fourth Avenue. The acquisition prices are within the value range established by an appraisal after the necessary adjustments. Although the acreage exceeds the amount of property estimated to be necessary in the prior report, further study during this evaluation process indicated that 2 acres was not sufficient for future growth. In the prior report, a range of $331,000 to $620,700 was provided depending on the final negotiated price and amount of acreage acquired. c;2.-d... Page 3. Item ~ Meeting Date 02/17/98 The .27 acre parcel located at the southwest corner of Main Street and Beyer Way (110 Beyer Way) was previously a service station and there is a possibility that soils contamination may exist. Therefore, staff has included provisions in the agreement that will allow the City to abandon escrow on that parcel without delaying acquisition of the other 1.47 acre parcel (130 Beyer Way), if environmental analyses indicate that soils contamination issues may exist. Staff is confident, based on information learned to date, that the two large parcels should be clean and thus the project can proceed if the small corner parcel has soils issues and ultimately is not acquired. A Phase I environmental analysis is currently underway with the results due within the next two weeks. In the event that escrow is delayed on the corner parcel, the City is obligated to "meet and confer" to determine possible terms upon which the parties would jointly pursue further evaluation and analysis to determine the level of contamination and the cost for remediation. Staff anticipates the closing of escrow by the end of March contingent on the clearance of the Initial Study scheduled for around March 20. Summary of Purchase Agreements The proposed purchase agreements have been reviewed and approved by the City Attorney's office and includes all standard protections and provisions. Below is a summary of the deal points: . 110.130 Beyer Way to be sold for $356,770 . 1771 Fourth Avenue to be sold for $311,450 . Escrow costs/fees are to be divided equally between buyer and seller as is customary. Seller responsible for any and all broker commissions. . City has a maximum 45.day contingency period within which to withdraw from the transaction in the event that circumstances arise, including the physical condition of the property (soils), that results in the City electing not to close escrow. . Both transactions are contingent upon the successful closures of the other. . liquidated damages to the seller are $10,000 for 1771 Fourth Avenue and $20,000 for 110.130 Beyer Way. Architectural Services Staff is proceeding with contracting for Architectural Services to design the project and prepare the necessary bid documents. Staff is also investigating a potential "build. to. suit" whereby an architect is hired to prepare basic level design drawings and specifications (20% of completion including preliminary architectural. structural, mechanical and electrical) sufficient for complete design documents to be prepared by a construction contractor's architect. There are, however, legal and other procurement issues that need further analysis relative to potential conflicts with the City Charter and Public Works project bidding provisions that may preclude this approach. d-,-3 - . . - Page 4, Item ..:b. Meeting Date 02/17/98 Project Schedule and Costs In the July 15, 1997 staff report, a fourteen (14) month timeline (October 98) was established for a site to be acquired, and the facility to be constructed and open for the public. Unfortunately, this timeline is no longer attainable. Site evaluations and negotiations took longer than anticipated primarily since the Hazard/Sexton negotiations and a "lease/build. to. suit" opportunity on Bay Boulevard proved unsuccessful. If the standard process is utilized, (issuing an RFO for Architectural Services and then a construction bid package) the facility could be under construction in eight to ten months depending on a variety of factors, but primarily on how well project design proceeds. This would likely mean a project completion in Summer 1999. Additionally, during the course of site evaluations and negotiations, further shelter programming and potential cost information was obtained. In the July report, a preliminary estimated facility cost of $1.5 million (including staffing and design costs) was provided. However, preliminary programming assumptions used by two architectural firms estimated that facility costs could be in the $2 to $2.5 million range depending on the population to be served and final shelter programming equipment and services. Staff secured the services of ACES Architectural Services which estimated a facility cost of $2.5 million (not including permits, fees and other soft costs) based on a population of 347,000 and the corresponding need of a 16,000 sq. ft. facility and 120 dog runs. The architect working for the property owner on the abandoned lease/build.to.suit proposal, provided an estimated facility cost of approximately $2.3 million based on Chula Vista's projected population at build-out of 277,000 with a corresponding need of a 13,000 sq. ft. facility and approximately 100 dog runs. Staff believes that both estimates are high given the inclusion of equipment and programming services that most likely will not be necessary. As the project progresses, refined project design and construction estimates will emerge and staff will keep Council advised accordingly. The street improvements to be installed along Beyer Way will need to be included in a separate Capital Improvement Program (CIP) project. The current preliminary estimate is $382,000 however, Engineering staff will need to further refine the project scope and estimated costs through the CIP budget process. As currently contemplated, the project includes the standard curb, gutter/sidewalk and street widening improvements, as well as medians along Fourth Avenue, relocation of both traffic signals and landscaped parkways. The street improvements have been in the CIP as a longer range project. the Animal Shelter is merely advancing the timing. Project Fundinq Source The property acquisition costs are recommended to come from the existing fund balance of the Public Facilities Development Impact Fee (PFDIF). However, there are currently a number of planned public facility projects on the horizon that will be competing for the limited funding currently available in the PFDIF. As such, a tax exempt debt financing plan for these projects will need to be formulated so they can be financed and built as necessary by growth demands. These projects include a new Corporation Yard, Police Facility ~-cf Page 5. Item d- Meeting Date 02/17/98 and Fire Station, among others. In addition, our PFDlF consultant is evaluating what the City's share would be for these projects including the Animal Shelter. FISCAL IMPACT: Adoption of the resolution will appropriate $670,000 from the Corporation Yard Relocation DlF for property acquisition and estimated escrow fees to purchase 110.130 Beyer Way and 1771 Fourth Avenue totalling 2.84 acres (gross). Adoption of the second resolution will reserve the City's ability to be reimbursed for acquisition and related project planning costs through the proceeds from future public facility tax exempt financing obligations if they are issued. Street and related traffic control improvements are to be installed along Beyer and Fourth Avenue when the project is constructed. This cost, currently estimated at $382,000, will be included in a separate CIP and evaluated as part of that budget process. Public Works and Police Department staff will be the lead on project design and construction, while Community Development staff will be responsible for completing the acquisition and processing the project land use entitlements. ATTACHMENTS: 1 - Locator Map 2 - Agreements 3 . July 15 Staff Report ILHI H,\HOME\COMMOEV\STAFF.REP\O2.10.98\AnimaI.ShIIFebruary 12.1998 12,O5pmll ~-S" AGENCY RESOLUTION NO. ¡56':; and t/ COUNCIL RESOLUTION NO. ~ JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING PURCHASE AND SALE AGREEMENTS WITH THE RESPECTIVE PROPERTY OWNERS OF 110-130 BEYER WAY AND 1771 FOURTH AVENUE FOR SITING THE NEW CITY ANIMAL SHELTER AND APPROPRIATING $670,000 THEREFOR WHEREAS, on July 15, 1997, Council directed staff to pursue negotiations on several properties for siting a new Animal Shelter; and WHEREAS, five sites were evaluated - the Hazard and Sexton properties on Maxwell Road, 325 Trousdale Drive, 130 Beyer Way/1771 Fourth Avenue, and the southwest corner of Broadway and Faivre; and WHEREAS, the Beyer Way and Fourth Avenue properties became the preferred site after analyzing parcel size and availability, acquisition and off-site costs, vehicular access and circulation, visibility and convenience to the public; and WHEREAS, negotiations for the acquisition of the three parcels, totalling 2.84 acres, have been completed and the agreements are being presented for approval. NOW, THEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency of the City of Chula Vista do hereby approve and authorize the execution of Purchase and Sale Agreements for 110-130 Beyer Way and 1771 Fourth Avenue, in substantially the forms presented, with such minor modifications which may required or approved by the City Attorney, and appropriate $670,000 therefor from the Corporation Yard Relocation DIF (#804-8040) to CIP Project GG-1 58 for siting the new City Animal Shelter. Presented by Approved as to form by CL. ~ . Chris Salomone Director of Community Development [(CHI H,\HOMElCOMMDEV\RESOS\ANIMAl IF,b,""" 12. 1998 110,03,m)] c2-Co RESOLUTION NO. 19 q oS:- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS TO FINANCE THE CITY'S ANIMAL SHELTER WHEREAS, the City Council of the City of Chula (the "Issuer") desires to finance the costs of acquiring certain public facilities and improvements, as provided in Exhibit A attached hereto and incorporated herein (the "Project"); and WHEREAS, the Issuer intends to finance the acquisition of the Project or portions of the Project with the proceeds of the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"); and WHEREAS. prior to the issuance of the Obligations the Issuer desires to incur certain expenditures with respect to the Project from available monies of the Issuer which expenditures are desired to be reimbursed by the Issuer from a portion of the proceeds of the sale of the Obligations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. The Issuer hereby states its intention and reasonably expects to reimburse Project costs incurred prior to the issuance of the Obligations with proceeds of the Obligations. Exhibit A describes either the general character, type, purpose, and function of the Project, or the fund or account from which Project costs are to be paid and the general functional purpose of the fund or account. SECTION 2. The reasonably expected maximum principal amount of the Obligations is $3,200,000. SECTION 3. This resolution is being adopted on or prior to the date (the "Expenditures Date or Dates") that the Issuer will expend monies for the portion of the Project cots to be reimbursed from proceeds of the Obligations. SECTION 4. Except as described below, the expected date of issue of the Obligations will be within eighteen months of the later of the Expenditure Date or Dates and the date the Project is placed in service; provided, the reimbursement may not be made more than three years after the original expenditure is paid. For Obligations subject to the small issuer exception of Section 148(f)(4)(D) of the Internal Revenue Code, the "eighteen-month limit" of the previous sentence is changed to "three years" and the limitation of the previous sentence beginning with ";provided,...." is not applicable. SECTION 5. Proceeds of the Obligations to be used to reimburse for Project costs are not expected to be used, within one year of reimbursement, directly or indirectly to pay debt service with respect to any obligation (other than to pay current debt service coming due within the next succeeding one year period on any tax-exempt obligation of the Issuer (other than the Obligations» or to be held as a reasonably required reserve or replacement fund with respect to an obligation of the Issuer or any entity related in any manner to the Issuer, or to reimburse any expenditure that was originally paid with the proceeds of any obligation, or to replace funds that d--Î are or will be used in such manner. SECTION 6. This resolution is consistent with the budgetary and financial circumstances of the Issuer, as of the date hereof. No monies from sources other than the obligation issue are, or are reasonably expected to be reserved, or otherwise set aside by the Issuer (or any related party) pursuant to their budget or financial policies with respect to the Project costs on a long-term basis. To the best of our knowledge, this City Council is not aware of the previous adoption of official intents by the Issuer that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. SECTION 7. The limitations described in Section 3 and Section 4 do not apply to (a) costs of issuance of the Obligations, (b) an amount not in excess of the lesser of $100,000 or five percent (5%) of the proceeds of the Obligations, or (c) any preliminary expenditures. such as architectural, engineering, surveying, soil testing, and similar costs other than land acquisition, site preparation, and similar costs incident to commencement of construction, not in excess of twenty percent (20%) of the aggregate issue price of the Obligations that finances the Project for which the preliminary expenditures were incurred. SECTION 8. This resolution is adopted as official action of the Issuer in order to comply with Treasury Regulations § 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Issuer expenditures incurred prior to the date of issue of the Obligations. is part of the lssuer's official proceedings, and will be available for inspection by the general public at the main administrative office of the Issuer. SECTION 9. All the recitals in this Resolution are true and correct and this City Council so finds, determines and represents. Presented by Approved as to form by ~~\ ç~ Chris Salomone Director of Community Development IILH} H,\HOMEICOMMOEV\RESOS\ANIMSHEL (Fobm", 12. 1998 ",53pm)] 02-[1 - . .. - EXHIBIT A DESCRIPTION OF PROJECT The proposed Animal Shelter project is necessary to provide current and future animal control and pet adoption service needs for the Chula Vista community. The current facility on Otay Valley Road has been determined to be inadequate. The proposed project site, with an estimated cost of $670,000, consists of three parcels totalling 2.84 acres located on the northwest corner of Beyer Way and Fourth Avenue just south of Main Street in the City of Chula Vista. Final facility design and corresponding construction costs have not been determined. The facility is expected to be planned for the Chula Vista population at "build-out" which is estimated to be 277,000 by the year 2030. Population estimates would dictate a facility of at least 13,000 sq. ft. handling an annual pet population of 8,000-10,000. The maximum estimated total cost of such facility is expected not-to-exceed $3.2 million. c2- 9 ATTACHMENT 1 LOCA TO R MAP ~~f?. -.- ~"""..;;:..;;: ~~~~. CllY OF CHUlA VISTA Animal Shelter Community Development Department Proposed Site 7 LEGEND . Animal Shetter Parcel, 110 Beyer Way 0.27 acre, . Ownec Standard Plumbing Re,idential Propertie, \30 Beyer Way N 1.47 acre' D ~, Ownec Standard Plumbing Light Indu,trial Propertie, 1771 Fourth Avenue 1.10 acre, Ownec Harold Dodd TOTAL: 2.84ACRES S - I ~~~ ATTACHMENT 2 _a.... 6L -.- r- -- ..¡;;;- - - CllY OF CHULA VISfA 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5047 Fax: (619) 476-5310 FAX TRANSMISSION COVER SHEET Date: January 27, 1998 Attention: Mr. Dan Smith Fax: 283-0023 Sender: Lyle Haynes, Assistant to the Community Development Director YOU SHOUW RECEIVE 22 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE AIL THE PAGES, PLEASE CAIL (619) 691-5047. The following is a copy of the draft Agreement which will be presented to the City Council for approval. Please review and contact me with your comments as soon as possible. Thank you. /1~a. -( PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS SELLER: HAROLD F. DODDS, an individual BUYER: CITY OF CHULA VISTA, a municipal corporation ESCROW NO: January , 1998 H: \ home \ attorney\ animpur2. agr ,/1 .:2.q -:;)... PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement"), is entered into effective as of February -, 1998 by and between HAROLD F. DODDS, an individual ("Seller"), and the CITY OF CHULA VISTA, a municipal corporation, ("Buyer") . NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows: ARTICLE 1 AGREEMENT OF PURCHASE AND SALE 1.1 Description of Property. Seller owns certain real unimproved property ("Property") located at 1771 Fourth Avenue in the city of Chu1a Vista, county of San Diego, California (Assessor's Parcel No. 629-060-74) comprised of approximately 1.1 gross acres. The Property is more particularly described on Exhibit "A" attached hereto. 1.2 Offer to Purchase. Seller's execution of this Agreement constitutes an irrevocable offer to sell the Property on the terms and conditions stated herein. Such offer may be revoked by Seller by written notice to Buyer in the event that Buyer fails to (a) accept Seller's offer by approving this Agreement by no later than February 24, 1998 by formal Resolution, and/or (b) deliver an executed copy of this Agreement to Escrow (as provided herein) within ten (10) calendar days after the adoption of such Resolution. 1.3 Purchase and Sale. Buyer's execution of this Agreement within the time period specified in section 1.2 shall create a binding agreement between the parties hereto, effective as of the date of Seller's adoption hereof by formal Resolution whereby Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property from Seller, on the terms and conditions stated herein. 1.4 Purchase in Lieu of Condemnation. Buyer requires the Property for the purpose of construction of an animal shelter thereon, a purpose for which Buyer may exercise the power of eminent domain. Seller is compelled to sell and Buyer is compelled 2 /i .;2. Q, -3 to acquire the Property. Both Seller and Buyer recognize the expense, time, effort and risk to both parties in resolving a dispute over compensation for the Property by eminent domain litigation; and the compensation set forth herein for the Property is in compromise and settlement in lieu of such litigation. 1.5 Deposit. (a) Good Faith Deposit. Upon Buyer's approval of this Agreement, Buyer shall deposit Twenty Thousand Dollars ($20,000) into Escrow (defined below) as a good faith deposit ("Deposit"). Such deposit shall be made pursuant to the terms of section 3.3 hereof, below. If Buyer proceeds to acquire the Property, Buyer's Deposit, plus any interest earned thereon, shall be applied towards the Purchase Price at Close of Escrow. Buyer's Deposit payments shall be in the form of either a direct wire transfer to Escrow, a cashier's or certified checks drawn on a California bank account payable to Escrow Agent. Buyer's failure to make the Deposit payments when required shall be a material default hereunder, and Seller shall have the right to terminate this Agreement. Escrow Agent shall invest the Deposit amounts in a federally-insured, interest-bearing account approved by Buyer, and all interest earned thereon shall be credited to Buyer. The Deposit shall be returned to Buyer if Buyer elects to terminate this Agreement and the Escrow for nonsatisfaction of any condition pursuant to section 5.2 as a result of Seller's default hereunder. (b) LIOUIDATED DAMAGES. IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY AND SUCH FAILURE CONSTITUTES A DEFAULT HEREUNDER, AND IS NOT THE RESULT OF NONSATISFACTION OF CONDITIONS OR A DEFAULT BY SELLER, THE PARTIES ACKNOWLEDGE AND AGREE THAT (1) SELLER'S DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN, AND (2) THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000) REPRESENTS A REASONABLE ESTIMATE OF SUCH DAMAGES, CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF EXECUTION OF THIS AGREEMENT. THEREFORE, THE PARTIES ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF SUCH FAILURE TO PERFORM BY BUYER, SELLER SHALL HAVE THE RIGHT TO RETAIN $10,000 OF THE DEPOSIT AS LIQUIDATED DAMAGES PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671. SUCH LIQUIDATED DAMAGES SHALL CONSTITUTE SELLER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER, ALL OTHER REMEDIES BEING HEREBY EXPRESSLY WAIVED BY SELLER. ANY REMAINING AMOUNTS OF THE DEPOSIT SHALL BE RETURNED TO BUYER. SELLER WAIVES ALL RIGHTS SELLER MAY OTHERWISE HAVE PURSUANT TO CALIFORNIA CIVIL CODE SECTION 3389 OR OTHERWISE TO SPECIFICALLY ENFORCE THIS AGREEMENT. BY SIGNING THEIR INITIAlS BELOW, EACH PARTY CONFIRMS ITS CONSENT TO AND AGREEMENT WITH THE PROVISIONS OF THIS PARAGRAPH: Seller's Initials Buyer's Initials 3 /i ól.- Ot -4 ARTICLE 2 PURCHASE PRICE 2.1 Purchase Price. The total purchase price ("Purchase Price") which Buyer agrees to pay and Seller agrees to accept for the Property is the sum of THREE HUNDRED ELEVEN THOUSAND FOUR HUNDRED FIFTY DOLLARS ($311,450), payable through Escrow as follows: (a) The Deposit of $20,000 shall be delivered to Escrow Agent (defined below) as provided in section 1.4; (b) The balance of $291,450 shall be delivered to Escrow Agent in cash, in the form of a cashier's or certified check or wired funds prior to the Close of Escrow. ARTICLE 3 ESCROW 3.1 Escrow Aqent. First American Title Insurance Company, located at 411 Ivy Street, San Diego, Ca. 92101, ("Escrow Agent") is designated, authorized and instructed to act as Escrow Agent pursuant to the terms of this Agreement unless otherwise mutually agreed by the parties. Escrow Agent shall acknowledge the opening of Escrow and its agreement to act as the Escrow Agent hereunder by: (a) executing the Consent of Escrow Agent attached hereto; and (b) promptly delivering a copy of the executed Consent to Seller and Buyer. 3.2 Escrow Instructions. This Agreement shall constitute initial escrow instructions to Escrow Agent. Escrow Agent's general conditions shall be attached hereto as Exhibit "B" and made a part hereof, to the extent they are consistent with the provisions of this Agreement. The parties shall execute any additional escrow instructions reasonably required by Escrow Agent to consummate the transaction provided for herein; provided, however, such additional escrow instructions shall not modify the provisions of this Agreement, unless such instructions (a) state the modification in full, and (b) are signed by both parties. 3.3 Openinq of Escrow. within eight (8) business days after execution by both parties of this Agreement, Buyer shall deliver a fully executed copy of this Agreement and the Deposit to Escrow 4 /1.;2. ~ -S- Agent. Opening of Escrow shall be the date Escrow Agent executes the Consent described in Section 3.1. 3.4 Close of Escrow. "Close of Escrow" or "Closing" means the date Escrow Agent records the Grant Deed in favor of Buyer and delivers the Purchase Price to Seller. If all conditions to Closing are satisfied pursuant to the terms of this Agreement, Escrow shall close on the day falling fifteen (15) days after the expiration of the Contingency Period defined in section 5.1 hereof, below; provided, however, if all conditions are satisfied and all funds and documents required hereunder are deposited in Escrow at an earlier date, Escrow Agent shall close the Escrow on such earlier date. The Closing Date may not be extended except by a written escrow instruction signed by Buyer and Seller. If the Escrow does not close on or before the Closing Date for any reason other than non-satisfaction of Buyer's conditions to Close set forth in section 5.2., or a default by Seller, and if the Closing Date has not been validly extended as provided hereunder, then Buyer shall be in material default hereunder and Seller shall have the unilateral right to terminate this Agreement and the Escrow by delivering written notice to Escrow Agent with a copy to the other party), in which event Seller shall have no further obligation hereunder. 3.5 Deliveries to Escrow. Prior to the Closing Date specified in Section 3.4, each party shall timely deliver to Escrow all funds and documents required of such party in order to complete the Closing under the terms of this Agreement, including, but not limited to, prorated amounts and other payments required under section 3.7. 3.6 Completion of Documents. Escrow Agent is authorized: to insert the Closing Date and otherwise complete the documents deposited in Escrow, where appropriate and consistent with this Agreement. 3.7 Prorations. Escrow Fees and Costs. (a) Prorations. The following items shall be prorated in Escrow, as of the date of Close of Escrow: real estate taxes, based on the most recent information available in the office of the taxing entity. All prorations shall be made on the basis of a 30-day month and a 360-day year, unless the parties otherwise agree in writing. If Buyer receives, after the Closing, any supplemental bill for real estate taxes or assessments which relates, in whole or in part, to the period prior to the Closing, such supplemental bill shall be allocated between Seller and Buyer as of the Closing Date, and Seller sha 11 pay the amount due to Buyer within thirty (30) days after Seller's receipt of a statement and request for 5 /!;2q -~ payment. (b) Seller's Pavments. Seller will pay: (1) the County Documentary Transfer Tax, in the amount Escrow Agent determines to be required by law; (2) one-half of the Escrow Agent's fees; (3) the cost of the Title Policy described in Section 4.2; (4) document recording costs; and (5) all other customary "Seller" costs, excluding Buyer's payments provided below. (c) Buver's Pavments. Buyer will pay: (1) any and all non-customary Escrow charges; (2) one-half of the Escrow Agency's fees; (3) the cost of any ALTA Title Policy or title endorsements; (4) all financing costs, if any; and (5) all other customary "Buyer" costs, except for Seller's payments provided above. (d) Default. Notwithstanding the foregoing, in the event of a default by Buyer or Seller hereunder, all cancellation and other escrow charges shall be paid by the defaulting party. 3.8 Existinq Encumbrances. Escrow Agent is authorized to secure beneficiary demands and requests for reconveyance for those monetary liens which are not Permitted Exceptions pursuant to section 4.2 and the Property shall be reconveyed from each of the foregoing at Close of Escrow. 3.9 Distribution of Funds and Documents. At the Close of Escrow, Escrow Agent shall do each of the following: (a) pavment of Encumbrances. Pay the amount of those monetary liens which are not Permitted Exceptions to the obligees thereof, in accordance with the demands approved by Seller, utilizing funds to which Seller shall be entitled upon Close of Escrow and funds (if any) deposited in Escrow by Seller. (b) Recordation of Documents. Submit to the County Recorder of San Diego County the Grant Deed for the Property and each other document to be recorded under the terms of this Agreement or by general usage, and, after recordation, cause the County Recorder to mail the Grant Deed to Buyer and each other such document to the grantee, beneficiary or person acquiring rights thereunder or for whose benefit said document was recorded. (c) Non-Recorded Documents. Deliver by united States mail (or hold for personal pickup, if requested): (1) the Title Policy to Buyer; each other non-recorded document received hereunder to the payee or person acquiring rights thereunder or for 6 /1¿),a. -7 whose benefit said document was acquired. (d) Distribution of Funds. Deliver by united states mail (or comply with other unilateral instructions given by the applicable party): (1) To Seller, the Purchase Price, adjusted for prorations, charges and other credits and debits provided for herein. (2) To Buyer, any excess funds delivered to Escrow Agent by Buyer. ARTICLE 4 TITLE MATTERS 4.1 Preliminary Title Report. (a) Delivery to Buyer. As soon as possible, but by no later than fifteen (15) days, after Opening of Escrow, Escrow Agent shall provide to Buyer, at Seller's expense, a preliminary title report ("PR") issued by First Amer ican Title Company, or such other company designated by Buyer and reasonably approved by Seller ("Title Insurer") reflecting the status of title to the Property. The PR shall include a plat map showing the location of all easements, and legible copies of all items shown as exceptions thereon. The PR will be deemed received by Buyer on the date of personal delivery or three (3) days after mailing by Escrow Agent. (b) Time to Ob-iect. Buyer shall have fifteen (15) days after the date of receipt of the PR to notify Escrow Agent (with a copy to Seller), in writing, of its approval or disapproval of the legal description for the Property or any matters indicated as exceptions in the PR, Buyer shall not object unreasonably. (c) No ob-iection. If Buyer's written disapproval is not received by Escrow Agent within said time period, Buyer shall be deemed to have approved the PR; provided, however, Buyer shall not be obligated to affirmatively object to monetary exceptions to title, all of which must be removed as a condition to Close of Escrow unless Buyer otherwise expressly agrees. (d) Time to Eliminate Exceptions. If Buyer objects to one or more exceptions indicated in the PR, Seller may cure such objection by delivering to Escrow Agent (with a copy to Buyer), within ten (10) days after Seller's receipt of Buyer's objection, 7 /I d.. Q. -~ Seller's written agreement to eliminate such exceptiones) by the Closing Date. (e) Riqht to Cancel or Perform. If Seller does not agree to cure each exception to which Buyer has objected, Buyer shall elect one of the following, by delivering written notice to Escrow Agent (with a copy to Seller) within five (5) days after receipt of notice of Seller's election or expiration of the la-day period described in (d) above (whichever occurs first): (1) to waive its objections, take title subject to such exceptions, and proceed with Close of Escrow; or (2) to terminate this Agreement and the Escrow, in which event neither party shall have any further obligation hereunder and Buyer shall be entitled to recover its Deposit. 4.2 Title Insurance. As of Close of Escrow, Title Insurer shall issue, or be committed to issue, at Seller's sole cost, a standard form CLTA Owner's Form B Policy of Title Insurance ("Title Policy") insuring Buyer's title to the Property in the amount of the Purchase Price, subject only to the following permitted exceptions ("Permitted Exceptions"): (a) current, non-delinquent real estate taxes and assessments; (b) the lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 of the California Revenue and Taxation Code; (c) the matters set forth in the PR and approved by Buyer pursuant to section 4.1(c) or (e); (d) any other matters approved in writing by Buyer; and (e) matters excepted or excluded from coverage by the printed terms of the Title Policy's standard form. City may, at city's sole option and expense, obtain an ALTA extended coverage form of title insurance and/or title policy endorsements. 4.3 Grant Deed. Prior to Close of Escrow, Seller shall deposit in Escrow a Grant Deed, duly executed and acknowledged in recordable form, conveying all Seller's right title and interest in and to the Property to Buyer subject only to all matters of record and the Permitted Exceptions. ARTICLE 5 CONDITIONS TO CLOSE OF ESCROW 5.1 continqencv Period. As used herein, the "Contingency Period" means a period commencing with the Opening of Escrow and ending on the day falling 30 days thereafter; provided, however, if Seller fails to deliver the items described in section 5.2(a) within the 10-day period described therein, the Contingency Period shall be extended on a per diem basis, for each day of delay until all of the items are delivered to Buyer. Buyer shall have the unilateral right to extend the Contingency Period for an additional fifteen (15) days by written notice to Escrow Agent (with a copy 8 ,Ad-CJ..-Cf' . - to Seller) delivered prior to 5:00 p.m. on the date for the initial expiration of the Contingency Period. During the Contingency Period, Buyer shall be permitted to conduct its due diligence with respect to the Property pursuant to the terms set forth in section 7.1 hereof, below. 5.2 Buver's Conditions to Close of Escrow. Close of Escrow shall be subject to satisfaction of each of the following conditions precedent, which are for the benefit of Buyer, prior to expiration of the Contingency Period: (a) Title Matters. Buyer's approval of the PR, or Seller's election to cure each exception disapproved by Buyer, or Buyer's waiver of any remaining disapproved exception(s) , pursuant to section 4.1, and Title Insurer's commitment, upon Close of Escrow, to issue the Title Policy in favor of Buyer provided in Section 4.2 hereof. (b) Seller's Deliveries. Seller's delivery to Buyer, within fifteen (15) business days after Opening of Escrow, of complete, legible copies of the following items relating to the Property: any and all reports, studies, investigations, surveys, agreements, permits or other Property related documents within Seller's possession or reasonably available thereto including, but not limited to, any reports, documents, or records pertaining to the existence and/or removal of any underground storage tanks, and if applicable, remediation of any related soil and/or groundwater contamination. Seller makes no representation or warranties as to the accuracy of any information contained in reports prepared by third parties. (c) Buver's Approval. Buyer's determination, in Buyer's sole discretion, of its satisfaction with (a) the physical condition of the Property; (b) the suitability of the Property for the Buyer's intended use of the Property as the City's Animal Shelter; (c) the status of approval of any and all required development entitlements, including obtaining the necessary environmental clearances pursuant to the California Environmental Quality Act (CEQA); and (d) the items delivered by Seller pursuant to Section 5.2 (b) . In order 'to conduct its analysis of the Property, Buyer shall have the right, after Opening of Escrow, to enter the Property, pursuant to section 7.1. (d) Required Tax Documents. Seller's delivery to Escrow of completed state and federal non-foreign affidavit and/or disclosure documents including, without limitation, those affidavits and/or certificates required pursuant to Internal Revenue Code section 1445 and California Form 590 (Withholding Exemption Certificate). 9 /1 d.. &/. -10 (e) Acquisition of Adiacent Property. The satisfaction of all conditions to Close of Escrow pursuant to that certain Purchase and Sale Agreement and Joint Escrow Instructions dated concurrently herewith between Buyer and Standard Plumbing and Industrial Supply as "Seller" for the purchase of property located at 110 and 130 Beyer Way, Chula Vista, which such property is also necessary for City's development of the City Animal Shelter. 5.3 satisfaction. Waiver of Conditions. Buyer's approyal, wherever required to satisfy a condition, shall be evidenced by written notice delivered to Escrow Agent (with a copy to Seller). If Buyer's written approval is not received by Escrow Agent within the specified time limit, the matter shall be deemed approved. 5.4 Seller's Conditions to Close of Escrow. (a) Buyer's deposit of the Purchase Price for the Property plus any of Buyer's closing costs required hereunder. 5.5 Failure of Conditions. If any of the foregoing conditions is neither satisfied nor waived by the benefitted party within the specified time limit, such party may unilaterally terminate this Agreement and the Escrow by giving written notice of termination to Escrow Agent (with a copy to the other party). In the event of such termination, Buyer's Deposit shall be immediately returned, and neither party sha 11 have any further obligation hereunder; provided. 5.6 Diliqence; Cooperation. Each party agrees to exercise due diligence in satisfying each and every condition to Close of Escrow for which such party is responsible. Each party agrees to cooperate with the other party in satisfying those conditions to Close of Escrow for which such other party is primarily responsible. ARTICLE 6 REPRESENTATIONS AND WARRANTIES 6.1 Buyer's Representations and Warranties. Buyer agrees, represents and warrants, as of the date of its execution of this Agreement and as of Close of Escrow, as follows: (a) Authority. Buyer has full legal right, power and authority to execute and fully perform its obligations under this Agreement, without the need for any further action; and the persons executing this Agreement and other documents required hereunder on behalf of Buyer are the duly designated agents of Buyer and are 10 /I ,;<. ú.. - I ( authorized to do so. (c) Investiqation of Propertv. Buyer will make an independent investigation, to the extent Buyer deems necessary or appropriate, concerning the physical condition (including the existence of hazardous materials), value, development, use, marketability, feasibility and sui tabi li ty of the Property, including (but not limited to) land use, zoning and other governmental restrictions and requirements. Except for Seller's express representations and warranties set forth below, Buyer is acquiring the Property liAS IS, II in its present state and condition solely in reliance upon Buyer's own investigation. 6.2 Seller's Representations and Warranties. Each party comprising Seller, on his or her own behalf, agrees, represents and warrants, as of the date of execution of this Agreement and as of Close of Escrow, as follows: (a) Authority; No Violations. Seller is the owner of the Property and has full legal right, power and authority to execute and fully perform its obligations under this Agreement and to convey the Property to Buyer and the persons executing this Agreement and other documents required hereunder on behalf of Seller are the duly designated agehts of Seller and are authorized to do so without the need for any further action or approval from any other person or entity. Seller's performance of its obligations hereunder will not violate any existing laws, regulations or agreements to which Seller or the Property is subject. (b) Non-Foreiqn Affidavit. Seller represents and warrants to Buyer that it is not a foreign person and is a united States person as defined in Section 7701(1) (30) of the Internal Revenue Code, as amended ("Code"). (c) Condition of Property. To the best of Seller's knowledge (1) there are no hazardous materials on the Property which violate any existing federal, state or local hazardous materials laws; (2) there is no physical condition of the Property which would preyent the reasonable development and Seller's use of the Property for the City's Animal Shelter; (3) there are no existing or pending or threatened lawsuits against Seller involying the Property; (4) there are no existing leases or other agreements with respect to the Property that run with the land. Seller makes no representations or warranties as to the condition of any surface improvements on the Property, all of which Buyer shall be acquiring liAS IS". 6.3 Real Estate Commissions. Each party represents and warrants to the other party that except for Seller's 11 /1 óJ.. q -/~ representative, Dan smith and Dave Snyder with El Derade Preperties, te which the payment .of any cemmissian .or finders fee shall be Seller's sele respensibility, ne brekers .or finders have been empleyed .or are entitled te a cemmissien .or cempensatien in cennectien with this transactien. Each party agrees te indemnify, pratect, hald harmless and defend the ather party fram and against any ebligatian .or liability ta pay any such cemmissien .or campensatian related te this transactien arising frem the act .or agreement .of the indemnifying party. 6.4 Survival .of Warranties. The representatiens and warranties given by Buyer and Seller in this Article 6, and all ebligatians ta be perfermed under the terms .of this Agreement after Clase .of Escraw, shall survive the Clase .of Escraw and delivery .of the Grant Deed te Buyer. ARTICLE 7 ADDITIONAL OBLIGATIONS 7.1 Access te Praperty. Between the date .of Opening .of Escraw and the Clase .or earlier terminatian .of Escraw, Seller shall allew Buyer and its agents free, reasanable access ta the Praperty, upen reasenable netice ta Seller, far the purpese .of inspecting, surveying and testing the same. Seller acknewledges and agrees that Buyer's due diligence may include the cenduct .of sails tests and seils berings as part .of a Phase I .or Phase II environmental analysis. Buyer shall indemnify, held harmless and defend Seller and the Praperty fram and against any and all liens, claims, liability, lass, damages, casts, expenses, suits .or judgments far laber perfermed .or materials furnished ta .or far Buyer, .or far injuries te persen .or praperty damage, arising out .of any accident .or .occurrence in any way connected "lith entry upen, testing .or inspectien .of the Praperty by Buyer .or its agents pursuant ta this sectian. Buyer's due diligence during the Cantingency Periad shall be at Buyer's sole cast and expense. 7.2 Gevernmental Permits and PrecessinG. During the Escrew periad, Buyer shall have the right ta file applicatians far and ta precess, at Buyer's expense, applicatiens far gavernmental permits and apprevals for zening, land use, subdi visien, imprevement, development and constructien relating te the Preperty and Buyer's intended use. Buyer agrees to diligently pursue any and all such necessary apprevals in order to permit the Close to occur prier te the Closing Date. Seller shall execute any applications .or other decuments referenced by applicable governmental autherities te autherize Buyer to precess such permits and apprevals, and shall 12 /1d-.Q. -(3 cooperate reasonably with Buyer in connection therewith. 7.3 Condemnation or Damaqe. If, prior to Close of Escrow, an action is commenced for the condemnation of the Property or any material portion thereof or interest therein, or the Property is materially damaged by fire, earthquake or other cause, so as, in either event, to render the Property unsuitable for Buyer's use, then Buyer shall have the right to terminate this Agreement by delivering written notice to Seller (with a copy to Escrow Agent) within ten (10) days after Buyer receives notice of the condemnation or damage. If Buyer terminates this Agreement within such la-day period, then the Escrow shall be cancelled, neither Buyer nor Seller shall have any further obligation under this Agreement, and Buyer's Deposit shall be returned. If Buyer fails to deliver written notice of termination within said 10-day period, Buyer shall be deemed to have waived and Buyer shall proceed to consummate the purchase pursuant to this Agreement. Buyer shall have no other remedies against Seller as a result of such condemnation or destruction of the Property except as set forth in this section. Buyer shall have no other remedies against Seller as a result of such condemnation or damage except as set forth in this section. 7.4 Possession. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date after recordation of the Grant Deed. Except as expressly provided herein, all risk of loss and damage to the Property from whatever source shall be the sole responsibility of Buyer after Close of Escrow. 7.5 Indemnities. Buyer shall indemnify, protect, defend and hold Seller, its officers, employees, representatives and agents, harmless from and against any and all claims, losses, damages, costs and expenses (including attorneys fees and court costs) arising out of any accident or occurrence after Close of Escrow (collectively, "Losses") excluding those Losses resulting from Seller's negligence or wilful misconduct or the invalidity of Seller's express representations and warranties hereunder. Seller shall indemnify, protect, defend and hold Buyer, its officers, employees, representatives and agents, harmless from and against any and all claims, losses, damages, costs and expenses (including attorneys fees and court costs) arising out of any accident or occurrence after Close of Escrow (collectively, "Losses") excluding those Losses resulting from Buyer's negligence or wilful misconduct. ARTICLE 8 GENERAL PROVISIONS 13 /1d- 4. -Ii 8.1 Assiqnment. Buyer may not assign this Agreement or any of its rights hereunder without the prior written consent of the Seller, which consent shall not be unreasonably withheld; provided, however, Buyer may free ly ass ign its rights hereunder to the Redevelopment Agency of the City of Chula vista. 8.2 Attorneys' Fees. If either party commences legal proceedings for any relief against the other party arising out of this Agreement, the losing party shall pay the prevailing party's legal costs and expenses, including, but not limited to, reasonable attorneys' fees and costs as determined by the court. The prevailing party shall be that party receiving substantially the relief sought in the proceeding, whether brought to final judgment or not. 8.3 Computation of Time Periods. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any act or give any notice or approval shall fall on a Saturday, Sunday or state or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or state or national holiday. 8.4 Counterparts. This Agreement or any escrow instructions pursuant to this Agreement may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one Agreement after each party has signed such a counterpart. 8.5 Entire Aqreement. This Agreement, together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the purchase and sale of the Property. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Exhibits. All exhibits referred to herein are attached hereto and incorporated herein by reference. 8.7 Further Assurances. The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. 8.8 Gender. Number. As used herein, the singular shall include the plural and the masculine shall include the feminine, 14 /y c:2. q -/~ wherever the context so requires. 8.9 Governinq Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the state of California. 8.10 Headinqs. The captions and paragraph headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit or affect the construction or interpretation of any term or provision hereof. 8.11 Modification, Waiver. No modification, waiver, amendment or discharge of this Agreement shall be valid unless the same is in writing and signed by both Buyer and Seller. The escrow instructions shall be considered a part of this Agreement, and no provision in said escrow instructions shall supersede or contradict the provisions of this Agreement, unless the parties agree in writing to such change. 8.12 Notice. Notice to either party shall be in writing and either personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the party to be notified at the address specified herein. Any such notice shall be deemed received on the date of personal delivery to the party (or such party's authorized representative) or three (3) business days after deposit in the U.S. Mail, as the case may be. Seller's Address for Notice: Buyer's Address for Notice: Harold F. Dodds City of Chula Vista 375 Surrey Drive 276 Fourth Avenue Bonita, Ca. 91902 Chula Vista, CA. 91910 Attn: Community Development Director Either party may change its address for notice by delivering written notice to the other party as provided herein. 8.13 Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 8.14 Successors. All terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties 15 /1,;J.,Q -I ro - - .. - hereto and their respective heirs, legal representatives, successors, and assigns. 8.15 Time. Time is of the essence of each provision of this Agreement, including without limitation all time deadlines for satisfying conditions and Close of Escrow. [Remainder of This Page Intentionally Left Blank] 16 /1;)..0.. -/7 - . . - SIGNATURE PAGE TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above. SELLER: HAROLD F. DODDS, an individual By: Harold F. Dodds BUYER: CITY OF CHULA VISTA, a municipal corporation By: Shirley Horton, Mayor ATTEST Beverly Authelet, City Clerk APPROVED AS TO FORM BY John M. Kaheny City Attorney 17 /I d-~ -( ~ CONSENT OF ESCROW AGENT SELLER: HAROLD F. DODDS BUYER: CITY OF CHULA VISTA ESCROW NO.: The undersigned (" Escrow Agent") hereby: (1) acknowledges delivery of a Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") dated , 1998 between the Seller and Buyer identified above, and delivery of the initial $20,000 Deposit described in section 1.5 of the Agreement; and (2) agrees to act as the Escrow Agent in accordance with the provisions of the Agreement. This Consent is executed on , 1998 which shall constitute the "Opening of Escrow" pursuant to Section 3.3 of the Agreement. ESCROW AGENT: First American Title Insurance Company By: Escrow Officer 18 /I ;).. Q -It:¿ LIST OF EXHIBITS A Legal Description of Property B General Escrow Conditions 19 1l.)..fÃ. -d-O - - EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY [To be provided] A-I ¡ld-Q. -.J-I - . . - EXHIBIT "B" GENERAL ESCROW INSTRUCTIONS [To be provided] B-1 A~q -d.:.L ~~~ ATTACHMENT 2 --6 ~.- "-- -- - --- - :: CllY OF CHUIA VISfA 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5047 Fax: (619) 476-5310 FAX TRANSMISSION COVER SHEET Daie: January 27, 1998 Attention: Mr. Charlie Adoiphe Fax: 498-4567 Sender: Lyle Haynes, Assistant to the Community Development Director YOU SHOULD RECEIVE 22 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE AIL THE PAGES, PLEASE CAIL (619) 691-5047. The following is a copy of the draft Agreement which will be presented to the City Council for approval. Please review and contact me with your comments as soon as possible. Thank you. /1.2 b - ( - . . - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS SELLER: STANDARD PLUMBING AND INDUSTRIAL SUPPLY, a California corporation BUYER: CITY OF CHULA VISTA, a municipal corporation ESCROW NO: January , 1998 H: \home\attorney\animpu," .agr /? .;( b - .;2.. - . ..- PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement"), is entered into effective as of February -, 1998 by and between STANDARD PLUMBING AND INDUSTRIAL SUPPLY, a California corporation ("Seller"), and the CITY OF CHULA VISTA, a municipal corporation, ("Buyer"). NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows: ARTICLE 1 AGREEMENT OF PURCHASE AND SALE 1.1 Description of Property. Seller owns certain real property ("Property") located at 110 and 130 Beyer Way in the City of Chula Vista, County of San Diego, California, comprised of two legal parcels as follows: "Parcell" is located at 130 Beyer Way (Assessor's Parcel No. 629-060-54) and is comprised of approximately 1.47 gross acres. "Parcel 2" is located at 110 Beyer Way (Assessor's Parcel No. 629-060-55) and is comprised of approximately .27 gross acres. The Property is more particularly described on Exhibit "A" attached hereto. 1.2 Offer to Purchase. Seller's execution of this Agreement constitutes an irrevocable offer to sell the Property on the terms and conditions stated herein. Such offer may be revoked by Seller by written notice to Buyer in the event that Buyer fails to (a) accept Seller's offer by approving this Agreement by no later than February 24, 1998 by formal Resolution, and/or (b) deliver an executed copy of this Agreement to Escrow (as provided herein) within ten (10) calendar days after the adoption of such Resolution. 1.3 Purchase and Sale. Buyer's execution of this Agreement within the time period specified in Section 1.2 shall create a binding agreement between the parties hereto, effective as of the date of Seller's adoption hereof by formal Resolution whereby Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property from Seller, on the terms and conditions stated herein. In the event that during the Contingency Period (defined in Section 5.1, below) Buyer detects the existence of, or discovers information that leads Buyer to reasonably suspect the <? 2 ..-c~ 1--<> Y' j " /l J.. h -3 ~ ~ ¡~ J ~ \ fj.,- - - J\.~M 1- ~\ 4~J)- . ~~'l I. . d'tl d exlstence of haza dous materla son, In or lmme la e y aroun Parcel 2 then, i addition to Buyer's right to terminate this Agreement by disapproving the condition of the Property, or Buyer's right to reques5/that Seller cure such condition prior to Close of Escrow, Buyer shall have the right to terminate the Agreement with respect to Parcel 2, and to proceed to Close Escrow with respect to Parcell. In the event of such termination, (a) all other terms of this Agreement shall remain in full force and effect; (b) the Purchase Price for Parcell shall be that specified in Section 2.2 hereof, below; and (c) notwithstanding the foregoing, Buyer and Seller shall meet and confer in good faith in order to determine possible terms upon which the parties may be able further define the Parcel 2 hazardous mater ials condition, allocate responsibility therefor, and proceed with a purchase by Buyer from Seller thereof. 1.4 Purchase in Lieu of Condemnation. Buyer requires the Property for the purpose of construction of an animal shelter thereon, a purpose for which Buyer may exercise the power of eminent domain. Seller is compelled to sell and Buyer is compelled to acquire the Property. Both Seller and Buyer recognize the expense, time, effort and risk to both parties in resolving a dispute over compensation for the Property by eminent domain litigation; and the compensation set forth herein for the Property is in compromise and settlement in lieu of such litigation. 1.5 Deposit. (a) Good Faith Deposit. Upon Buyer's approval of this Agreement, Buyer shall deposit Twenty Thousand Dollars ($20,000) into Escrow (defined below) as a good faith deposit ("Deposit"). Such deposit sha 11 be made pursuant to the terms of Section 3.3 hereof, below. If Buyer proceeds to acquire the Property, Buyer's Deposit, plus any interest earned thereon, shall be applied towards the Purchase Price at Close of Escrow. Buyer's Deposit payments shall be in the form of either a direct wire transfer to Escrow, a cashier's or certified checks drawn on a California bank account payable to Escrow Agent. Buyer's failure to make the Deposit payments when required shall be a material default hereunder, and Seller shall have the right to terminate this Agreement. Escrow Agent shall invest the Deposit amounts in a federally-insured, interest-bearing account approved by Buyer, and all interest earned thereon shall be credited to Buyer. The Deposit shall be returned to Buyer if Buyer elects to terminate this Agreement and the Escrow for nonsatisfaction of any condition pursuant to Section 5.2 as a result of Seller's default hereunder. (b) LIOUIDATED DAMAGES. IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY AND SUCH FAILURE CONSTITUTES A DEFAULT HEREUNDER, AND IS NOT THE RESULT OF NONSATISFACTION OF CONDITIONS 3 /1~b -4 - - OR A DEFAULT BY SELLER, THE PARTIES ACKNOWLEDGE AND AGREE THAT (1) SELLER'S DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN, AND (2) THE AMOUNT OF TWENTY THOUSAND DOLLARS ($20,000) REPRESENTS A REASONABLE ESTIMATE OF SUCH DAMAGES, CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF EXECUTION OF THIS AGREEMENT. THEREFORE, THE PARTIES ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF SUCH FAILURE TO PERFORM BY BUYER, SELLER SHALL HAVE THE RIGHT TO RETAIN $20,000 OF THE DEPOSIT AS LIQUIDATED DAMAGES PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671. SUCH LIQUIDATED DAMAGES SHALL CONSTITUTE SELLER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER, ALL OTHER REMEDIES BEING HEREBY EXPRESSLY WAIVED BY SELLER. ANY REMAINING AMOUNTS OF THE DEPOSIT SHALL BE RETURNED TO BUYER. SELLER WAIVES ALL RIGHTS SELLER MAY OTHERWISE HAVE PURSUANT TO CALIFORNIA CIVIL CODE SECTION 3389 OR OTHERWISE TO SPECIFICALLY ENFORCE THIS AGREEMENT. BY SIGNING THEIR INITIAlS BELOW, EACH PARTY CONFIRMS ITS CONSENT TO AND AGREEMENT WITH THE PROVISIONS OF THIS PARAGRAPH: Seller's Buyer's Initials Initials ARTICLE 2 PURCHASE PRICE 2.1 Purchase Price. The total purchase price ("Purchase Price") which Buyer agrees to pay and Seller agrees to accept for the Property is the sum of THREE HUNDRED FIFTY SIX THOUSAND SEVEN HUNDRED SEVENTY DOLLARS ($356,770), payable through Escrow as follows: (a) The Deposit of $20,000 shall be delivered to Escrow Agent (defined below) as provided in Section 1.4; (b) The balance of $336,770 shall be delivered to Escrow Agent in cash, in the form of a cashier's or certified check or wired funds prior to the Close of Escrow. 2.2 Allocation; Adiustments. The Purchase Price shall be allocated between the parcels as follows: $305,085 for Parcell; $51,685 for Parcel 2. The Purchase Price may be subject to adjustment pursuant to the terms of Section 1.3 hereof, above. ARTICLE 3 ESCROW 4 ,A.;2.h -5"' - - 3.1 Escrow Aqent. First American Title Insurance Company, located at 411 Ivy street, San Diego, Ca. 92101, ("Escrow Agent") is designated, authorized and instructed to act as Escrow Agent pursuant to the terms of this Agreement unless otherwise mutually agreed by the parties. Escrow Agent shall acknowledge the Opening of Escrow and its agreement to act as the Escrow Agent hereunder by: (a) executing the Consent of Escrow Agent attached hereto; and (b) promptly delivering a copy of the executed Consent to Seller and Buyer. 3.2 Escrow Instructions. This Agreement shall constitute initial escrow instructions to Escrow Agent. Escrow Agent's general conditions shall be attached hereto as Exhibit "B" and made a p~r~ hereof, to the extent they are consistent with the provIsIons of this Agreement. The parties sha 11 execute any additional escrow instructions reasonably required by Escrow Agent to consummate the transaction provided for herein; provided, howe;re::, such additional escrow instructions shall not modify the provIsIons of this Agreement, unless such instructions (a) state the modification in full, and (b) are signed by both parties. 3.3 OpeninG of Escrow. Within eight (8) business days after execution by both parties of this Agreement, Buyer shall deliver a fully executed copy of this Agreement and the Deposit to Escrow Agent. Opening of Escrow shall be the date Escrow Agent executes the Consent described in Section 3.1. 3.4 Close of Escrow. "Close of Escrow" or "Closing" means the date Escrow Agent records the Grant Deed in favor of Buyer and delivers the Purchase Price to Seller. If all conditions to Closing are satisfied pursuant to the terms of this Agreement, Escrow shall close on the day falling fifteen (15) days after the expiration of the Contingency Period defined in section 5.1 hereof, below; provided, however, if all conditions are satisfied and all funds and documents required hereunder are deposited in Escrow at an earlier date, Escrow Agent shall close the Escrow on such earlier date, The Closing Date may not be extended except by a written escrow instruction signed by Buyer and Seller. If the Escrow does not close on or before the Closing Date for any reason other than non-satisfaction of Buyer's conditions to Close set forth in Section 5.2., or a default by Seller, and if the Closing Date has not been validly extended as provided hereunder, then Buyer shall be in material default hereunder and Seller shall have the unilateral right to terminate this Agreement and the Escrow by delivering written notice to Escrow Agent with a copy to the other party), in which event Seller shall have no further obligation hereunder. 5 Ad. h - (p - . . - 3.5 Deliveries to Escrow. Prior to the Closing Date specified in Section 3.4, each party shall timely deliver to Escrow all funds and documents required of such party in order to complete the Closing under the terms of this Agreement, including, but not limited to, prorated amounts and other payments required under Section 3.7. 3.6 Completion of Documents. Escrow Agent is authorized: to insert the Closing Date and otherwise complete the documents deposited in Escrow, where appropriate and consistent with this Agreement. 3.7 Prorations, Escrow Fees and Costs. (a) Prorations. The following items shall be prorated in Escrow, as of the date of Close of Escrow: real estate taxes, based on the most recent information available in the office of the taxing entity. All prorations shall be made on the basis of a 30-day month and a 360-day year, unless the parties otherwise agree in writing. If Buyer receives, after the Closing, any supplemental bill for real estate taxes or assessments which relates, in whole or in part, to the period prior to the Closing, such supplemental bill shall be allocated between Seller and Buyer as of the Closing Date, and Seller sha 11 pay the amount due to Buyer within thirty (30) days after Seller's receipt of a statement and request for payment. (b) Seller's Pavments. Seller will pay: (1) the County Documentary Transfer Tax, in the amount Escrow Agent determines to be required by law; (2) one-half of the Escrow Agent's fees; (3) the cost of the Title Policy described in Section 4.2; (4) document recording costs; and (5) all other customary "Seller" costs, excluding Buyer's payments provided below. (c) Buver's Pavments. Buyer will pay: (1) any and all non-customary Escrow charges; (2) one-half of the Escrow Agency's fees; (3) the cost of any ALTA Title Policy or title endorsements; (4) all financing costs, if any; and (5) all other customary "Buyer" costs, except for Seller's payments provided above. (d) Default. Notwithstanding the foregoing, in the event of a default by Buyer or Seller hereunder, all cancellation and other escrow charges shall be paid by the defaulting party. 3.8 Existinq Encumbrances. Escrow Agent is authorized to secure beneficiary demands and requests for reconveyance for those monetary liens which are not Permitted Exceptions pursuant to 6 /I;).b -7 - - . - Section 4.2 and the Property shall be reconveyed from each of the foregoing at Close of Escrow. 3.9 Distribution of Funds and Documents. At the Close of Escrow, Escrow Agent shall do each of the following: (a) Pavment of Encumbrances. Pay the amount of those monetary liens which are not Permitted Exceptions to the obligees thereof, in accordance with the demands approved by Seller, utilizing funds to which Seller shall be entitled upon Close of Escrow and funds (if any) deposited in Escrow by Seller. (b) Recordation of Documents. Submit to the County Recorder of San Diego County the Grant Deed for the Property and each other document to be recorded under the terms of this Agreement or by general usage, and, after recordation, cause the County Recorder to mail the Grant Deed to Buyer and each other such document to the grantee, beneficiary or person acquiring rights thereunder or for whose benefit said document was recorded. (c) Non-Recorded Documents. Deliver by United States mail (or hold for personal pickup, if requested): (1) the Title Policy to Buyer; each other non-recorded document received hereunder to the payee or person acquiring rights thereunder or for whose benefit said document was acquired. (d) Distribution of Funds. Deliver by United States mail (or comply with other unilateral instructions given by the applicable party): (1) To Seller, the Purchase Price, adjusted for prorations, charges and other credits and debits provided for herein. (2) To Buyer, any excess funds delivered to Escrow Agent by Buyer. ARTICLE 4 TITLE MATTERS 4.1 Preliminarv Title Report. (a) Delivery to Buyer. As soon as possible, but by no later than fifteen (15) days, after Opening of Escrow, Escrow Agent shall provide to Buyer, at Seller's expense, a preliminary title 7 /7¿;'b -e - - report ("PR") issued by First American Title Company, or such other company designated by Buyer and reasonably approved by Seller ("Title Insurer") reflecting the status of title to the Property. The PR sha 11 include a plat map showing the location of all easements, and legible copies of all items shown as exceptions thereon. The PR will be deemed received by Buyer on the date of personal delivery or three (3) days after mailing by Escrow Agent. (b) Time to Obiect. Buyer shall have fifteen (15) days after the date of receipt of the PR to notify Escrow Agent (with a copy to Seller), in writing, of its approval or disapproval of the legal description for the Property or any matters indicated as exceptions in the PH. Buyer shall not object unreasonably. (c) No Obiection. If Buyer's written disapproval is not received by Escrow Agent within said time period, Buyer shall be deemed to have approved the PHi provided, however, Buyer shall not be obligated to affirmatively object to monetary exceptions to title, all of which must be removed as a condition to Close of Escrow unless Buyer otherwise expressly agrees. (d) Time to Eliminate Exceptions. If Buyer objects to one or more exceptions indicated in the PR, Seller may cure such objection by delivering to Escrow Agent (with a copy to Buyer), within ten (10) days after Seller's receipt of Buyer's objection, Seller's written agreement to eliminate such exception(s) by the Closing Date. (e) Riqht to Cancel or Perform. If Seller does not agree to cure each exception to which Buyer has objected, Buyer shall elect one of the following, by delivering written notice to Escrow Agent (with a copy to Seller) within five (5) days after receipt of notice of Seller's election or expiration of the 10-day period described in (d) above (whichever occurs first): (1) to waive its objections, take title subject to such exceptions, and proceed with Close of Escrow; or (2) to terminate this Agreement and the Escrow, in which event neither party shall have any further obligation hereunder and Buyer shall be entitled to recover its Deposit. 4.2 Title Insurance. As of Close of Escrow, Title Insurer shall issue, or be committed to issue, at Seller's sole cost, a standard form CLTA Owner's Form B Policy of Title Insurance ("Title Policy") insuring Buyer's title to the Property in the amount of the Purchase Price, subject only to the following permitted exceptions ("Permitted Exceptions"): (a) current, non-delinquent real estate taxes and assessments; (b) the lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 of the California Revenue and Taxation Code; (c) the matters set forth in the PR and approved by Buyer pursuant to Section 4.1(c) or (e); (d) any other 8 /I¿).b-9 - - . - matters approved in writing by Buyer; and (e) matters excepted or excluded from coverage by the printed terms of the Title Policy's standard form. City may, at City's sole option and expense, obtain an ALTA extended coverage form of title insurance and/or title policy endorsements. 4.3 Grant Deed. Prior to Close of Escrow, Seller shall deposit in Escrow a Grant Deed, duly executed and acknowledged in recordable form, conveying all Seller's right title and interest in and to the Property to Buyer subject only to all matters of record and the Permitted Exceptions. ARTICLE 5 CONDITIONS TO CLOSE OF ESCROW 5.1 Continqency Period. As used herein, the "Contingency Period" means a period commencing with the Opening of Escrow and ending on the day falling 30 days thereafter; provided, however, if Seller fails to deliver the items described in Section 5.2 (a) within the 10-day period described therein, the Contingency Period shall be extended on a per diem basis, for each day of delay until all of the items are delivered to Buyer. Buyer shall have the unilateral right to extend the Contingency Period for an additional fifteen (15) days by written notice to Escrow Agent (with a copy to Seller) delivered prior to 5:00 p.m. on the date for the initial expiration of the Contingency Period. During the Contingency Period, Buyer shall be permitted to conduct its due diligence with respect to the Property pursuant to the terms set forth in Section 7.1 hereof, below. 5.2 Buyer's Conditions to Close of Escrow. Close of Escrow sha 11 be subject to satisfaction of each of the following conditions precedent, which are for the benefit of Buyer, prior to expiration of the Contingency Period: (a) Title Matters. Buyer's approval of the PR, or Seller's election to cure each exception disapproved by Buyer, or Buyer's waiver of any remaining disapproved exception(s) , pursuant to Section 4.1, and Title Insurer's commitment, upon Close of Escrow, to issue the Title Policy in favor of Buyer provided in Section 4.2 hereof. (b) Seller's Deliveries. Seller's delivery to Buyer, within fifteen (15) business days after Opening of Escrow, of complete, legible copies of the following items relating to the Property: any and all reports, studies, investigations, surveys, agreements, permits or other Property related documents within Seller's possession or reasonably available thereto including, but 9 IY ,;;¿ b -(0 - . . - not limited to, any reports, documents, or records pertaining to the existence and/or removal of any underground storage tanks, and if applicable, remediation of any related soil and/or groundwater contamination. Seller makes no representation or warranties as to the accuracy of any information contained in reports prepared by third parties. (c) Buyer's Approval. Buyer's determination, in Buyer's sole discretion, of its satisfaction with (a) the physical condition of the Property; (b) the suitability of the Property for the Buyer's intended use of the Property as the City's Animal Shelter; (c) the status of approval of any and all required development entitlements, including obtaining the necessary environmental clearances pursuant to the California Environmental Quali ty Act (CEQA); and (d) the items delivered by Seller pursuant to section 5.2 (b). In order to conduct its analysis of the Property, Buyer shall have the right, after Opening of Escrow, to enter the Property, pursuant to section 7.1. (d) Required Tax Documents. Seller's delivery to Escrow of completed state and federal non-foreign affidavit and/or disclosure documents including, without limitation, those affidavits and/or certificates required pursuant to Internal Revenue Code Section 1445 and California Form 590 (Withholding Exemption Certificate). (e) Acquisition of Adlacent Property. The satisfaction of all conditions to Close of Escrow pursuant to that certain Purchase and Sale Agreement and Joint Escrow Instructions dated concurrently herewith between Buyer and Harold F. Dodds as "Seller" for the purchase of property located at 1771 Fourth Avenue, Chula Vista, which such property is also necessary for City's development of the City Animal Shelter. 5.3 Satisfaction. Waiver of Conditions. Buyer's approval, wherever required to satisfy a condition, shall be evidenced by written notice delivered to Escrow Agent (with a copy to Seller). If Buyer's written approval is not received by Escrow Agent within the specified time limit, the matter shall be deemed approved. 5.4 Seller's conditions to Close of Escrow. (a) Buyer's deposit of the Purchase Price for the Property plus any of Buyer's closing costs required hereunder. 5.5 Failure of Conditions. If any of the foregoing conditions is neither satisfied nor waived by the benefitted party within the specified time limit, such party may unilaterally terminate this Agreement and the Escrow by giving written notice of termination to Escrow Agent (with a copy to the other party). In 10 ¡1.;lb -I ( - - the event of such termination, Buyer's Deposit shall be immediately returned, and neither party shall have any further obligation hereunder; provided. 5.6 Diliqence: Cooperation. Each party agrees to exercise due diligence in satisfying each and every condition to Close of Escrow for which such party is responsible. Each party agrees to cooperate with the other party in satisfying those conditions to Close of Escrow for which such other party is primarily responsible. ARTICLE 6 REPRESENTATIONS AND WARRANTIES 6.1 Buver's Representations and Warranties. Buyer agrees, represents and warrants, as of the date of its execution of this Agreement and as of Close of Escrow, as follows: (a) Authoritv. Buyer has full legal right, power and authority to execute and fully perform its obligations under this Agreement, without the need for any further action; and the persons executing this Agreement and other documents required hereunder on behalf of Buyer are the duly designated agents of Buyer and are authorized to do so. (c) Investiqation of Property. Buyer will make an independent investigation, to the extent Buyer deems necessary or appropriate, concerning the physical condition (including the existence of hazardous materials), value, development, use, marketability, feasibility and suitability of the Property, including (but not limited to) land use, zoning and other governmental restrictions and requirements. Except for Seller's express representations and warranties set forth below, Buyer is acquiring the Property "AS IS," in its present state and condition solely in reliance upon Buyer's own investigation. 6.2 Seller's Representations and Warranties. Each party comprising Seller, on his or her own behalf, agrees, represents and warrants, as of the date of execution of this Agreement and as of Close of Escrow, as follows: (a) Authoritv: No violations. Seller is the owner of the Property and has full legal right, power and authority to execute and fully perform its obligations under this Agreement and to convey the Property to Buyer and the persons executing this Agreement and other documents required hereunder on behalf of Seller are the duly designated agents of Seller and are authorized 11 /I~b-/~ - - to do so without the need for any further action on the part of Seller's Board of Directors or any other authority. Seller's performance of its obligations hereunder will not violate any existing laws, regulations or agreements to which Seller or the Property is subj ect. (b) Non-Foreiqn Affidavit. Seller represents and warrants to Buyer that it is not a foreign person and is a United States person as defined in Section 7701(1) (30) of the Internal Revenue Code, as amended ("Code"). (c) Condition of Property. To the best of Seller's knowledge ( 1) there are no hazardous materials on the Property which violate any existing federal, state or local hazardous materials laws; (2) there is no physical condition of the Property which would prevent the reasonable development and Seller's use of the Property for the City's Animal Shelter; (3) there are no existing or pending or threatened lawsuits against Seller involving the Property; (4) there are no existing leases or other agreements with respect to the Property that run with the land. Seller makes no representations or warranties as to the condition of any surface improvements on the Property, all of which Buyer shall be acquiring "AS IS". 6.3 Real Estate Commissions. Each party represents and warrants to the other party that except for Seller's representative, Charles C. Adolphe with Voit Commercial Brokerage, to which the payment of any commission or finders fee shall be Seller's sole responsibility, no brokers or finders have been employed or are entitled to a commission or compensation in connection with this transaction. Each party agrees to indemnify, protect, hold harmless and defend the other party from and against any obligation or liability to pay any such commission or compensation related to this transaction arising from the act or agreement of the indemnifying party. 6.4 Survival of Warranties. The representations and warranties given by Buyer and Seller in this Article 6, and all obligations to be performed under the terms of this Agreement after Close of Escrow, shall survive the Close of Escrow and delivery of the Grant Deed to Buyer. ARTICLE 7 ADDITIONAL OBLIGATIONS 7.1 Access to Property. Between the date of Opening of Escrow and the Close or earlier termination of Escrow, Seller shall allow Buyer and its agents free, reasonable access to the Property, 12 ¡l:2.b -/3 - . . - upon reasonable notice to Seller, for the purpose of inspecting, surveying and testing the same- Seller acknowledges and agrees that Buyer's due diligence may include the conduct of soils tests and soils borings as part of a Phase I or Phase II environmental analysis. Buyer shall indemnify, hold harmless and defend Seller and the Property from and against any and all liens, claims, liability, loss, damages, costs, expenses, suits or judgments for labor performed or materials furnished to or for Buyer, or for injuries to person or property damage, arising out of any accident or occurrence in any way connected with entry upon, testing or inspection of the Property by Buyer or its agents pursuant to this section. Buyer's due diligence during the Contingency Period shall be at Buyer's sole cost and expense. 7.2 Governmental Permits and ProcessinG. During the Escrow period, Buyer shall have the right to file applications for and to process, at Buyer's expense, applications for governmental permits and approvals for zoning, land use, subdivision, improvement, development and construction relating to the Property and Buyer's intended use. Buyer agrees to diligently pursue any and all such necessary approvals in order to permit the Close to occur prior to the Closing Date. Seller shall execute any applications or other documents referenced by applicable governmental authorities to authorize Buyer to process such permits and approvals, and shall cooperate reasonably with Buyer in connection therewith. 7.3 Condemnation or Damaqe. If, prior to Close of Escrow, an action is commenced for the condemnation of the Property or any material portion thereof or interest therein, or the Property is materially damaged by fire, earthquake or other cause, so as, in either event, to render the Property unsuitable for Buyer's use, then Buyer shall have the right to terminate this Agreement by delivering written notice to Seller (with a copy to Escrow Agent) within ten (10) days after Buyer receives notice of the condemnation or damage. If Buyer terminates this Agreement within such la-day period, then the Escrow shall be cancelled, neither Buyer nor Seller shall have any further obligation under this Agreement, and Buyer's Deposit shall be returned. If Buyer fails to deliver written notice of termination within said la-day period, Buyer shall be deemed to have waived and Buyer shall proceed to consummate the purchase pursuant to this Agreement. Buyer shall have no other remedies against Seller as a result of such condemnation or destruction of the Property except as set forth in this section. Buyer shall have no other remedies against Seller as a result of such condemnation or damage except as set forth in this Section. 7.4 Possession. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date after recordation 13 /I~b-/'-f - . of the Grant Deed. Except as expressly provided herein, all risk of loss and damage to the Property from whatever source shall be the sole responsibility of Buyer after Close of Escrow. 7.5 Indemnities. Buyer shall indemnify, protect, defend and hold Seller, its officers, employees, representatives and agents, harmless from and against any and all claims, losses, damages, costs and expenses (including attorneys fees and court costs) arising out of any accident or occurrence after Close of Escrow (collectively, "Losses") excluding those Losses resulting from Seller's negligence or wilful misconduct or the inva lidi ty of Seller's express representations and warranties hereunder. Seller shall indemnify, protect, defend and hold Buyer, its officers, employees, representatives and agents, harmless from and against any and all claims, losses, damages, costs and expenses (including attorneys fees and court costs) arising out of any accident or occurrence after Close of Escrow (collectively, "Losses") excluding those Losses resulting from Buyer's negligence or wilful misconduct. ARTICLE 8 GENERAL PROVISIONS 8.1 Assiqnment. Buyer may not assign this Agreement or any of its rights hereunder without the prior written consent of the Seller, which consent shall not be unreasonably withheld; provided, however, Buyer may freely ass ign its rights hereunder to the Redevelopment Agency of the city of Chula Vista. 8.2 Attorneys' Fees. If either party commences legal proceedings for any relief against the other party arising out of this Agreement, the losing party shall pay the prevailing party's legal costs and expenses, including, but not limited to, reasonable attorneys' fees and costs as determined by the court. The prevailing party shall be that party receiving substantially the relief sought in the proceeding, whether brought to final judgment or not. 8.3 Computation of Time Periods. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any act or give any notice or approval shall fall on a Saturday, Sunday or state or national hol iday, such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or state or national holiday. 14 ¡td-D -IS- - - 8.4 Counterparts. This Agreement or any escrow instructions pursuant to this Agreement may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one Agreement after each party has signed such a counterpart. 8.5 Entire Aqreement. This Agreement, together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the purchase and sale of the Property. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Exhibits. All exhibits referred to herein are attached hereto and incorporated herein by reference. 8.7 Further Assurances. The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. 8.8 Gender, Number. As used herein, the singular shall include the plural and the masculine shall include the feminine, wherever the context so requires. 8.9 Governinq Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 8.10 Headinqs. The captions and paragraph headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit or affect the construction or interpretation of any term or provision hereof. 8.11 Modification, Waiver. No modification, waiver, amendment or discharge of this Agreement shall be valid unless the same is in writing and signed by both Buyer and Seller. The escrow instructions shall be considered a part of this Agreement, and no provision in said escrow instructions shall supersede or contradict the provisions of this Agreement, unless the parties agree in writing to such change. 8.12 Notice. Notice to either party shall be in writing and either personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the party to be notified at the address specified herein. Any such notice shall be deemed received on the date of personal delivery to the party (or 15 /1r2h -I" - - . - such party's authorized representative) or three (3) business days after deposit in the U.S. Mail, as the case may be. Seller's Address for Notice: Buyer's Address for Notice: Standard Plumbing and Industrial City of Chula Vista Supply 276 Fourth Avenue 3864 40th Street Chula Vista, CA. 91910 San Diego, Ca. 92105 Attn: Community Development Attn: Norman Bard, President Director Either party may change its address for notice by delivering written notice to the other party as provided herein. 8.13 Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 8.14 Successors. All terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respect i ve heirs, legal representati ves, successors, and assigns. 8.15 Time. Time is of the essence of each provision of this Agreement, including without limitation all time deadlines for satisfying conditions and Close of Escrow. [Remainder of This Page Intentionally Left Blank] 16 ¡/é).b - ( 7 - . .. - SIGNATURE PAGE TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above. SELLER: STANDARD PLUMBING AND INDUSTRIAL SUPPLY, a California corporation By: Norman - Bard, President By: [print Name and Title] BUYER: CITY OF CHULA VISTA, a municipal corporation By: Shirley Horton, Mayor ATTEST Beverly Authelet, City Clerk APPROVED AS TO FORM BY John M. Kaheny City Attorney 17 ¡J.:lb - 1<6 - - ..- CONSENT OF ESCROW AGENT SELLER: STANDARD PLUMBING AND INDUSTRIAL SUPPLY BUYER: CITY OF CHULA VISTA ESCROW NO.: The undersigned (" Escrow Agent") hereby: (1) acknowledges delivery of a Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") dated , 1998 between the Seller and Buyer identified above, and delivery of the initial $20,000 Deposit described in section 1.5 of the Agreement; and (2) agrees to act as the Escrow Agent in accordance with the provisions of the Agreement. This Consent is executed on , 1998 which shall constitute the "Opening of Escrow" pursuant to Section 3.3 of the Agreement. ESCROW AGENT: First American Title Insurance Company By: Escrow Officer 18 jY.;ì-h - Ie¡ LIST OF EXHIBITS A Legal Description of Property B General Escrow Conditions 19 jJ ~ .b -;;¿ó - . ..- EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY [To be provided] A-I /J.;Jb -.;2/ - - . - EXHIBIT "B" GENERAL ESCROW INSTRUCTIONS [To be provided] B-1 Il~b -;;).~ - - ..- ATTACHMENT 3 COUNCIL AGENDA STATEMENT Item Meeting Date 07/15/97 /8'75) ITEM TITLE: /J RESOLUTION RETAINING SHELTER AND ANIMAL CONTROL SERVICE (3/5ths vote). / '?' pIC¡ lJ RESOLUTION APPROPRIATING $2,500 FROM ANIMAL SHELTER DONATIONS AND $2,300 UNCLAIMED CASH BOND FUNDS FOR CONSTRUCTION OF A CATTERY (4/5ths vote). C' RESOLUTION )~7..J' -\RANSFERRING $97,396 FOR STAFFING FROM UNANTICIPATED SALARY SAVINGS AND AMENDING THE FY 97-98 BUDGET TO ADD ONE KENNEL ATTENDANT ($31,624), HOURLY WAGES FOR OFFICE HELP AT THE ADMINISTRATIVE OFFICE ASSISTANT I LEVEL ($30,072); AND PROFESSIONAL SERVICES FUNDS ($35,7001 FOR A PART -TIME VETERINARIAN AND REGISTERED VETERINARIAN TECHNICIAN (3/5ths votel. 'Ø ~:J í) RESOLUTION J 7 -bIRECTING STAFF TO PROCEED WITH THE SITING, -- DESIGN AND CONSTRUCTION OF A NEW ANIMAL SHELTER AND APPROPRIATING $95,000 FROM DEVELOPMENT IMPACT FEES (DIF) FOR CONCEPTUAL DESIGN SERVICES AND FINAL ARCHITECTURAL DRAWINGs~el. SUBMITTED BY: Chief of Po ice Director of Fin nceRp REVIEWED BY: City Manag~ (4/5ths Vote: Yes- No_ ) At its May 20, 1997 meeting, the City Council requested that staff return with a comprehensive Animal Shelter status report to include the status of the existing facility, a plan for a new facility, net City costs for providing animal shelter service, a cost comparison of County and City animal shelter services and an evaluation of contracting with the County for City animal control services. RECOMMENDATION: Staff recommends retention of both Shelter and Patrol Animel Control services and construction of a new facility as well as approval of the following resolutions: Resolution retaining shelter and animal control service. Resolution appropriating $2,500 from Animal Shelter donations and $2,300 unclaimed cash bond funds for construction of a cattery; Resolution transferring $97,396 for staffing at the shelter and amending the FY 97-98 Budget to add one Kennel Attendant ($31,6241, hourly wages for office help at the Administrative Office Assistant I level ($30,072), and professional services funds ($35,7001 for a part-time Veterinarian and Registered Veterinarian Technician. ~ /13 -{ - . Page 2, Item - Meeting Date 07/15/97 Resolution directing staff to proceed with the siting, design and construction of a new animal shelter and appropriating $95,000 from Development Impact Fee (DIF) for conceptual design services and final architectural drawings and feasibility study. BOARDS/COMMISSIONS RECOMMENDATION: Staff's recommendation is supported by the community support group, People Empowering The Shelter (PETS). SUMMARY In May of this year a proposal was made that Chula Vista consider contracting with the County of San Diego for animal control services. Staff recommends against that option because, as this very lengthy report will detail: . Over the last six months, City staff, in concert with an outpouring of community volunteerism, has significantly upgraded its animal control facility. These actions were in response to concerns raised by the Humane Society and by City residents. On June 20, the County Office of Veterinarian Services conducted an inspection of the facility. Their findings were that "methods and standards of operation are adequate, and sometimes better than other city and non-profit animal organizations". We are proud of that achievement and thank the community for its on-going support. In Chinese the word "crisis" is written with two symbols: one stands for "catastrophe" the other for "opportunity". The recent crisis at the City's Animal Shelter created a wonderful opportunity for staff and residents to work together in a new and exciting way! We look forward to continuing that partnership. . The remaining issue from the original Humane Society Report is the construction of a cattery. This report recommends committing $4,800 towards that project, which can be completed within 30 days of plan approval. Staff's recommendation is supported by People Empowering the Shelter (PETS), the community group providing volunteer support at the shelter. . Staff believes that a new animal facility can be open for operation 14 months from tonight. The report from the County Office of Veterinarian Services as well as a recent report from the American Humane Association state that the current facility (with the proposed cattery) has a useful life of two - three years. . The construction of an expanded shelter to handle the City's animal control needs at build- out is a project in the City's Public Facilities Development Impact Fee (PFDIF) program. Funds sufficient to construct a basic $1.5 million facility are available in current, unencumbered PFDIF fund balance. (The City's cost share in the project will depend on the final building design that is adopted by CounciL) . Under the recent County proposal, a contract for a lower level of animal control services would cost the City $29,295 more in annual operating costs than the cost for providing services in-house. A contract for shelter services only would cost $55,160 more. Several important points to note about the comparison are: Æ- :2~ jl 3 -d - - Page 3, Item - Meeting Date 07/15/97 -- The County's proposal is principally a single-year proposal, with costs reevaluated upon renewal. For FY 1997-98, the City of San Diego's initial proposed contract from the County is proposed to increase from $1.4 mil/ion to $2.1 million because of overly optimistic County revenue projections for the preceding year. Staff believes the revenue projections for Chula Vista that were used by the County in their proposals are overly optimistic. .- In each budget year, the County's related capital improvement costs would be spread among participating jurisdictions. If past allocation formulas are used, Chula Vista could end up paying for new facilities in central and north County, even though there would be no direct benefit to local residents. This should sound alarm bens for anyone aware of the problems experienced by south County rate payers in the trash system. Moreover, even if the County "guaranteed" that only the capital costs related to south county would be spread to Chula Vista, the County currently has no methodology to amortize these costs for more than one year. This could lead to significant year-to-year "spikes" in contract costs. .- Also, the City's share of the County's capital costs would come from General Fund revenues, while the City's capital costs for its own facilities would come mostly from the PFDIF. -- In terms of service, the average response time to Priority 1 (i.e., biter, aggressive and injured animals) calls within Chula Vista is 38.5 minutes, essentially identical to the current County rate of 38.4 minutes. For Priority 2 (quarantines, confined strays, cruelty investigations), 3 (dogs running loose, non-venomous snakes) and 4 (public nuisances, barking dogs, relinquishments) calls Chula Vista residents now receive a response within 8 hours. The County service level is to respond to these calls within 12-72 hours. Furthermore, ~ calls are responded to by the City. Approximately 15.6% of calls received by the County are not responded to beceuse of the service by response by priority only system used by the County. -- The County's field patrol operations operate 112 hours per week. Comparatively, Chula Vista has four fully dedicated enimal control officers, each at 40 hours per week. Because City staff are fully dedicated to Chula Vista needs, residents receive faster response times for Priority 2, 3 and 4 calls for service. -- The County shelter is presently open to the public 40 hours per week. Chula Vista's shelter is presently open 43 hours and will provide full day service on Saturday effective September 1. Additionelly, the City will begin experimenting with Sunday hours which would increase public accessibility to 52 hours per week. 0 If the City chooses to contract shelter services, it would delete the animal shelter as a PFùlF project. In essence, the City would be replacing the impect fees to build an expanded facility with general fund monies to pay for the increased operating costs ~ /l3 ~3 - - Page 4, Item - Meeting Date 07/15/97 associated with the County contract. Impact fees cannot be used to pay for operating costs. . The bottom line for any shelter is pet adoption. When the Shelter Manager is hired, staff is hoping to work with PETS to develop creative programs to increase the adoption rate. Possible projects could include: -- a "dog show" whose contestants are all shelter residents. The show could be run at the City's Lemon Festival, Bonitafest and the Harbor Days celebration, with a pet adoption booth staffed nearby; -- a 1 to 3-K run with dog (spayed/neutered entries only), possibly organized as a pre- event to the Arturo Barrios race. . Lastly, staff congratulates the CAO and his staff for their proposal. Many times we hear that government should act like the private sector. Well, the two operating imperatives of private business are to expand market share and to maximize profits and this proposal does both for the County. Similar to the County, we also believe in expanding market share, if for no other reason than to create economies of scale. However, as any economics major will tell you, those economies increase with size only up to a point. At some point largeness creates its own diseconomies. Moreover, monopolies, whether in the public or private sector, operate within their own set of rules. And cost efficiency is generally not the rule of a monopoly. We believe the public interest and most importantly the interests of Chula Vista citizens are best served by competition. We are ready to compete for business with the County; we do not believe we should go out-of-business for the County. BACKGROUND: The City of Chula Vista has been in the business of providing animal control services since 1923. During that time, the City began providing its kennel services to the City of National City, followed by full animal control services to the City of Imperial Beach, and most recently, the City of Lemon Grove. Since then we have received interest from the City of Santee, City of La Mesa and City of San Diego for animal control services. Most recently, concerns have been raised regarding the condition of the Shelter and staffing needs. The process leading to building a new facility in the early part of the nineties slowed down due to an economic downturn, reduction in staffing to address these types of CIP projects and other demands (amphitheater, waterpark) for the property originally expected to house the Corporation Yard and Animal Shelter. Currently, the animal control service provided by the City reflects a concentration of resources placing an emphasis on providing field functions, such as, meeting the goal of the department to provide protection to both the public and animals. The shelter is an older but serviceable facility that has been enhanced with the addition of staff and some physical improvements and the operation will be further enhanced with the construction of a new facility, which would then be the most "state of the art" facility in the County. ¡13-'-/ ,¿8 II. I / - - Page 5, Item - Meeting Date 07/15/97 As Council is aware, during the last five years the City has experienced an economic downturn which has been shared by all City departments through budget cuts and postponement of major projects. Despite the economic downturn, the City has maintained its vehicle replacement program which replaced three of six animal control trucks (including cages) during FY 96-97 and will replace the Animal Control Manager's truck during FY 97-98. Additionally, an Animal Control Officer was added (including all associated equipment and the purchase of a new truck) using grant funds during FY 96-97. Overall, the Shelter's vehicle fleet is young with the oldest vehicle purchased in 1993. The current number of animel control officers is sufficient to cover animal control demands through the yeer 2002. While it has not yet been possible to add additional kennel and office staff on a permanent besis, the depertment, on an interim basis, reallocated its resources to provide an additionel office person. Moreover, despite deleys in the start of the construction for a new animal shelter, funds (described in Pert 2, Strategic Plan for Construction of a New Animal Shelter) continue to be set aside through the Public Facilities Development Impact Fees in the Corporation Yard DIF for the construction of the Shelter. Interim Shelter improvements have recently been completed as discussed later in this report so as to maintain the Shelter in a safe, clean and functionally efficient manner. As we illustrated during this year's FY 97-98 Budget deliberations, the economic downturn seems to have "bottomed out" and the future appears to be more promising for the City of Chula Vista. As a result, we will be able to focus on staffing and equipment (including automation) needs of the Shelter and other facilities throughout the City that may have been placed on hold during the past five years. DISCUSSiON: This report is in response to Council's request for a comprehensive report regarding the existing animal shelter and animal control services, a plan for a new facility and a cost comparison and evaluation of contracting with the County for animal control services. The report has been divided into five sections. The first section will address the conditions of the existing facility and findings of the recent site inspections by both the County veterinarian and the American Humane Association. The second section is intended to address Council's request for a strategic plen for construction of a new animal shelter facility. This section will include staff's research and findings regarding shelter design, construction and costs including available sites and a time line for construction. The third section will address staffing needs at present and build-out for the Animal Shelter. This section includes a description of enhancements to be accomplished by the addition of the staff approved by Council on an interim basis, on May 20, 1997, as well as potential funding scenarios. The fourth section is in direct response to Council's request to explore the alternative of having the County provide animal shelter services, both shelter only and full service. This section will include the cost for provision of these services by the County. The fifth section will provide Council with existing Chula Vista only and Chula Vista with contract cities cost, comparison between City and County animal control services and costs including associated fee schedules, including a discussion pertaining to why it makes sense to retain animal shelter services (local control, level of service, economics, etc.). ¡l3 -oS" I--B ç - . . - Page 6, Item - Meeting Date 07/15/97 ~ CONDITION OF EXISTING FACILITY On January 31, 1997, the San Diego County Humane Society conducted an inspection of the Chula Vista Animal Shelter at the request of the City of Chula Vista. On February 19, 1997, the Humane Society raised 12 points of concern which were identified in a report to Council dated March 25, 1997. A follow-up short-term solution report was forwarded to Council on April 15, 1997. . To date, all of the San Diego Humane Society's points of concern have been addressed with exception of the construction of a separate area for cats. Most recently staff requested two independent inspections, one from the County of San Diego, Office of County Veterinarian and the second one from the American Humane Association to provide an on-site inspection of the Chula Vista facility. The first inspection was conducted by the County of San Diego, Office of County Veterinarian Services on June 20,1997. A copy of the letter describing the County Veterinarian's findings (Attachment 1) is provided for Council's review. . The County Veterinarian's findings were "that methods and standards of operations are adequate, and sometimes better than other city and non-profit animal organizations". Additionally, animals were well cared for by both employees and volunteers at the Shelter. The County Veterinarian's conclusions were that the present infrastructure should be acceptable for another two to three years (for Chula Vista and existing contracts), unless a significant increase of contract cities is added in the immediate future. The County Veterinarian's letter concluded with a few new technical recommendations to be addressed by staff such as modifying certain reporting procedures and labeling the storage of certain chemicals. With the exception of a separate area for cats, these technical recommendations were not raised in the initial inspection conducted by the San Diego Humane Society. However, all of the technical recommendations have been implemented at this time concerning construction of a cattery. Staff is recommending Councii take action tonight to construct a cattery at the existing Shelter until such time as the new animal control facility is constructed. . The second inspection of the existing Shelter was provided by the American Humane Association on July 8 and 9. The verbal indication is that the facility meets industry standards and its overall operations received a favorable rating. A written letter highlighting the findings will be forwarded to staff in the next few days. A copy will be forwarded to Council upon receipt. In addition, a local veterinarian, Ken Upton, stated that he has never seen an animal suffering unattended in this facility and describes the Chula Vista Shelter as "a suitable place to keep animals awaiting for adoption". (See Attachment 2.1 .A E -fe, I~ ¿, - . . - Page 7, Item- Meeting Date 07/15/97 A letter dated July 9, 1997 was received from Mary Sessom, Mayor of the City of Lemon Grove, one of the cities contracting with Chula Vista for animal control services. She indicated that on June 18, she and Mayor Pro Tem Thomas Clabby toured the facility and were pleased to see the improvements installed at the shelter, as well as witnessing the "genuine care for animals by Chula Vista staff..." She stated, "After touring your facility, we are satisfied the animals at Chula Vista Animal Shelter are being cared for properly and humanely." She adds that. "The level of services we are receiving in Lemon Grove has been exceptional." In addition, she states, "When compared to the level of services we received from the County, the last two years with the City of Chula Vista has been a dramatic improvement." (See Attachment 3.) The Bahia Sur Kennel Club of Chula Vista President, John Bowen, wrote July 10, "The current conditions we found at the shelter were exemplary, with the exception of the cat accommodations." He adds, "It is a well run facility and even our Show Dogs would fare well there." (See Attachment 4.) In summary, inspections by the Mayor and Mayor Pro Tem of Lemon Grove, a local veterinarian plus recent inspections by the County Veterinarian and the American Humane Association have determined that the present condition of the Chula Vista Animal Shelter meets standards for a safe, clean facility where animals are cared for properly and humanely with exception of the need to construct a cattery. Additionally, both agencies have concluded that the presant infrastructure is acceptable for another two to three years. During that timeframe staff recommends immediate construction of a cattery, enhancement of services (to be discussed under staffing), maintenance of the existing contracts and construction of a new animal shelter facility within 14 months. Construction of a Catterv As described above, the only area of non-compliance is the need to construct a separate area for cats (cattery) at the existing Shelter. Staff is recommending construction of a wall in the existing Shelter which will accommodate a separate area for cats. The area will hold the existing amount of cages which is sufficient and cost $4,800. Construction can be completed within 30 days. This is a more cost effective alternative than construction of a separate cattery as originally proposed to Council in April and could be built in half the time frame (30 days instead of 60 days). The proposed cattery would meet the County Code, 62.645.12(d), requirement to house the cats in a separate enclosure from the dogs. The total cost includes a separate room for cats, electrical lighting upgrades, and heating and ventilation. To accomplish the work Staff recommends appropriating $ 2, 500 from unanticipated Animal Shelter donations and ($ 2. 300) unclaimed cash bond revenues to pay for the construction. The proposed appropriation will provide the funding necessary to build a separate room for the cats. The issue of the cost of the cattery vs. contracting with the County for shelter only services is discussed in Section 5 of this report. The alternative originally presented to Council in April proposed an interim cattery which would occupy 612 square feet along the north side of the existing structure. It would housa the current 24 cat kennels and 12 additional cages, to be purchasad for an approximate total of $6,000. The structure itself was proposed to be built from donations, and donated materials and labor (which has been tentatively arranged) or if necessary, through available balances of contractual impound fees. The expensa of buying additional cat kennels need only be incurred once, since these kennels are on wheels and may be easily relocated to the new site. Thus, under this scenario, to ,Ii 3 -7 18- 7 - . . - Page 8, Item - Meeting Date 07/15/97 the extent that donations are available for the building itself, there will be no lost city investment when the cattery is relocated. The third alternative which is not recommended by staff is that the County provide interim shelter services at the County facility until the City's facility is ready to occupy. While this is certainly an option, if Council is interested in constructing a shelter, it is not worth the turmoil caused by laying off the kennel staff and have them hired (below their current wage levels) by the County for what would amount to a 14 month period of time. Adding to this is the fact that the County Veterinarian and American Humane Association have inspected Chula Vista's shelter and found it to meet standards for another 2-3 years. Again, staff would not recommend this course of action. Most importantly, the cost for County shelter services is $55,160 above Chula Vista's shelter service cost. . Staff's cattery recommendation is supported by the community support group, People Empowering the Shelter, (PETS) assembled for the purpose of helping with the overall conditions at the Animal Shelter. Additionally, both the County Veterinarian and the American Humane Association have indicated that the proposed cattery would bring the Shelter into compliance. ~ STRATEGIC PLAN FOR CONSTRUCTION OF A NEW ANIMAL SHELTER Among the issues which staff has been working hard to address are the capital facility concerns raised by the Humane Society. Among these were: lack of kennels for large animals, insufficient heating, lack of impermeable barricades between kennels (to prevent nose-to-nose contact through fencing material), lack of a separate area to house cats, and potentially inadequate drainage within the kennels. All but the cattery have been addressed. The cattery is presented again tonight for an appropriation to be authorized. The kennel drainage will be most effectively addressed via construction of the new facility, but in the interim, it is be addressed via raised pallets for dogs to stay dry during cleaning and through close oversight to prevent any puddling. The completion of the requisite work was verified in reports issued by the County Veterinarian (Attachment 1) and by the American Humane Association. Other items on which staff continues to make improvements are the installation of new automatic feeders mounted on the kennel doors (ongoing) and an automatic watering system (pending). As the debate on the animal shelter issue has continued, involving various legislative bodies and the press, there may have been some public perception that Chula Vista's shelter problems extend beyond these identified issues. The terms used have sometimes been quite emotional and exaggerated. By contrast, the County's facility as an alternative may have been perceived as a "perfect" solution. The fact is, both facilities are about 20 years old, and while neither is perfect, both offer an appropriate level of shelter to the animals in their care. The following (Table A) is offered not as a criticism of either facility, but rather as an indication that both the City and County are typical of the style of facility provided in Southern California and both meet the requirements of County law: [Table A on next page] ¡l 3; -<ð ~-8 - . . - Page 9, Item - Meeting Date 07/15/97 Table A: Protection from Various Weather Protection Weather conditions: Chula Vista South County Rain All rows of kennels and interior Separate roof over each back- walkways under a single roofed to-back set of 2 rows of structure, with 3 foot overhang kennels with open air and waterproof canvas curtains to walkways between. Roof has keep animals dry in rain 9 inch overhang to keep animals dry in rain Cold In-floor and overhead radiant In-floor heating heating Wind Reinforced canvas curtains on Open air walkway between building exterior. Stainless steel on each row of kennels. three sides of each kennel Landscaped 6-foot fence surrounds the property, approx. 12 feet away from kennels. Stainless steel on 3 sides of each kennel. Heat I Curtains may be opened in hot Open air design weather to allow greater airflow through the facility Some may argue that an indoor, air-conditioned facility is more humane. Nevertheless, considering the mild San Diego climate, the accommodations listed above for rain, wind and cold and heat are both reasonable and appropriate. The options costed below for the construction of a new shelter include: 1) outdoor construction along lines similar to those at the South County shelter, 21 indoor construction, for reasons of both climate and noise control. Neither of these options is considered a "cadillac" proposel. They are intended, however, to meet the City's needs, the needs of our animal population, and all applicable lews and industry standards. Master Plan/Corooration Yard Issues: In looking at the various shelter options, staff started with a Corporation Yard relocation and expansion master plan that was completed in 1991 by RNLllnterplan, Inc. This master plan assumed that the animal shelter would be co-located with the corporation yard, with its square footage, site specifications and construction cost also included in the calculation of public facilities development impact fees. This plan called for a 1.49 acre facility to serve Chula Vista's needs and those of National City and Imperial Beach.' Those acreage figures also included space to serve Bonita, but not the Otay Ranch. ¡The City's needs will be partially paid from DIF, other funding sources will be used to pay for contract cities. /I -,d - Cj /c(j1 £¡ r - - . - Page 10, Item - Meeting Date 07/15/97 At one time, it was anticipated that the animal shelter and corporation yard could be accommodated on a single parcel and thus share certain parking, construction and infrastructure costs. However, there is no requirement (either financially or operationally) that these facilities be co-located. It is also not necessary that the two proceed on the same timeline. Among the joint-location sites that have been evaluated are two which are no longer deemed feasible or are too distant in the future: the Otay Rio business park (site of water park and MCA amphitheater) and the Sunbow industrial area (which could not be developed until Orange Avenue is extended). A third site which would be too constrained in its layout and size for co-location is the SDG&E corporation yard along Maxwell Road. Thus, based on continuing evaluation of corporation yard options (to be addressed in a separate report), staff has identified a variety of available parcels, specifically to accommodate the shelter. The parcels discussed below range from 1.7 to 10 acres. If additional space is available beyond what might be needed for the shelter, this space may be appropriate for consideration of future city needs (e.g. satellite office space or equipment storage, vehicle impound, K-9 training course, or certain retail partnerships to sell animal products or supplies). For the purposes of cost comparison, however, staff has priced only the acquisition of the required animal shelter acreage. land Acquisition: Based on the existing master plan and a preliminary needs assessment, staff estimated a facility need of approximately 2.0 acres. Community Development Department Staff identified a list of 12 possible sites. Thesa sites were selected taking into account site size, availability, location, zoning, land use compatibility, and site features. The sites were all located in industrial areas of the city including the Otay Valley Road area, areas along Main Street in the southern part of the city, and the industrial area in the northern part of the city along Highway #54 east of Fourth Avenue. Based upon further field analysis, the potential site list was narrowed to the following five sites (Attachment 5): 1. Sexton Property located on Maxwell Road north of Otay Valley Road, this is the 10 acre parcel that the city recently permitted for a solid waste transfer station and which was acquired by Sexton. The transfer station proposal is currently on hold due to low tipping fee rates at the County landfill. The Sexton Company located in Illinois is also currently up for sale. One of the advantages of this site is its proximity to one of the city's corporation yard possibilities, the SDG&E Corporate Yard. The Sexton site is vacant, with a purchase price estimated at $4.00-$4.50/s. f. 2. Hazard Property located on Maxwell Road north of Otay Valley Road, this is an 8 acre site. The property has the same basic locational and site advantages as the Sexton Property. The site contains some minimal storage of wood and iron beams as well as a temporary office trailer. The purchase price is estimated at $4.00-$4.50/s.f. ;13 -I () /f!; /0 - - Page 11, Item- Meeting Date 07/15/97 3. Trousdale Property Located on the north side of Trousdale Drive east of Glover Drive, (up Glover Drive north and east of the Department of Motor Vehicles! this is an approximately 3 acre site. One advantage of this site is its proximity to the South Bay Freeway. Any potential noise impacts of the animal shelter on the surrounding area might be offset by the adjacent freeway traffic. The site is vacant. The purchase price is estimated at $6.50-$7.50/s.f. 4. Beyer Way Property Located on Beyer Way between Main Street and Hermosa Avenue, this is an approximately 1 .74 acre site and therefor slightly smaller than needed. However, the site can be expënded to 2.0 acres by adding some available vacant land to it to the west. The site is vacant and has excellent access and visibility from a major thoroughfare. The purchase price is listed at $5.95/s.f. 5. Faivra Street Property Located at the southwest corner of Broadway and Faivre Street, this is approximately 2.47 acres. The site is vacant and has excellent access and visibility from a major thoroughfare. The purchase price is listed at $6.00/s.f. For the five different properties, a 2.0 acre property purchase price would vary from $331,000 to $620,700 depending upon the particular property selected and the outcome of negotiations with the property owner. Using a middle-range price of $5.50/square foot, staff has estimated a figure of approximately $455,200. In summary, all of the sites are for sale and available and we would be prepared to return to Council in 30 days with a final preferred site for which to pursue purchase. Community Development staff has been assigned to facility negotiate with prospective property owners. Indoor vs. Outdoor: One of the concerns that has been raisad about the Chula Vista shelter is its semi-outdoor natura. The shelter consists of a roofed structure with finished acoustic ceiling and chain link fence outer walls. Reinforced curtains on these fences provide flexibility to open the shelter for maximum airflow during the summer and shield the animals from nighttime or winter winds. The wind is further cut by stainless steel walls that have been added to three sides of each kennel. 2 The overhang of the roof also provides a covered 3' perimeter around the kennel area to keep the animals dry during the occasional rain storm. Although this is not the same as having an enclosed building, in combinëtion with in-floor and radiant heaters, it generally serves to keep the animals comfortable. It is a standard practice in the Southern California climate to build outdoor shelters. Among those built on an outdoor model 2 The steel barriers have also reduced the incidence of barking, since as the view of most other animals or people walking through the shelter is eliminated. Cats are also shielded from having visual contact with the dogs (one of the issues raised by the Humane Society). -II ;13 Æ--// - . . - Page 12, Item - Meeting Date 07/15/97 are the County's Central and South Bay shelters, the Humane Society's San Diego shelter, and other shelters in Southern California. The County facility provides roofs over the kennels themselves, but only a minimal overhang in the aisles in between. Thus, the front of each row of kennels is open to both sun and rain. While an indoor facility can mitigate some of the concern over exposure to the elements, it also carries with it potential for increased spread of airborne diseases, greater indoor noise, and higher cost. Suc qested Desiqns: Rather than proposing just one option to build a new shelter along either one of these lines, staff has prepared cost estimates for both as shown in Table C: Estimated City Facility Costs. The dimensions and costs assume initial capacity to serve Chula Vista and all of its contract cities (Lemon Grove, National City and Imperial Beach) through the year 2005, with additional kennels and other improvements to be added through build-out (projected in 2030). The outdoor design assumes construction along the lines existing at the County South Bay shelter, but with rooflines overhanging the kennels and a block wall fence surrounding the kennel area to block the wind. The site could be set up as either parallel rows of kennels (as with the current Chula Vista and County shelters) or a square design around a central courtyard (See Attachment 6.) The indoor design would be a tilt-up kennel building with appropriate acoustic improvements to mitigate noise, ventilation to provide complete air exchanges, separate ventilation for the animal quarantine areas, and roll-up or hangar-style doors to provide fresh air on temperate days. Tilt-up buildings can be built for a range of prices and construction styles. Generally, this would accommodate any use which does not require extensive indoor framing. One attractive local example of a tilt-up structure is the Community Youth Center on L Street. The indoor design would potentially include two rows of kennels back to back, with a service corridor between them. Both designs would include in-floor heating, sloped concrete floors, impermeable surfaces to inhibit bacterial growth, and solid walls between kennels to prevent injuries from chain link fencing. The administrative offices in both cases would include examination facilities and capacity to add future surgical facilities (see discussion of Services). While such designs were considered in staff's preliminary analysis, there is no limit to the number of possible space configurations. The final design will be a factor of Council's direction on the type of facility to be built and the design consultant's input on how best to accommodate that direction on the selected site. Other options that may be considered include: combined facilities in which each kennel has both an indoor and outdoor area for animals to wander back and forth, and public/private facilities that incorporate retail space for pet supply vendors. In summary, staff's recommendation would be to implement the outdoor design because it can be done in a more cost effective, timely manner; but, still offer very high quality service in a healthy environment for the animals. ¡J3 -j 2- æ P-. - - Page 13, Item- Meeting Date 07/15/97 Construction Timetable: In an attempt to fast track the construction of a new shelter, staff is proposing to pursue a design- build process. This would involve a combined bid process for a construction firm and a subcontracted architect. Estimated timelines are as follows: Table B: Construction Timetable Complete site acquisition and concurrent consultant assistance to I 3 months refine the proposed build out animal shelter program and master plan as well as prepare alternative concept layouts for the selected site Conduct any needed environmental review, secure any needed 3 months discretionary land use approvals and provide for a public review process. Complete final design and working drawings Go out to bid, advertising the project as a design/build in order to 2 months save time Begin and complete animal shelter construction 6 months TOTAL TIMELlNE: I 14 months' . While this is a very ambitious schedule, staff is comfortable estimating 14 months until project completion. It may also be possible to acquire the buildings as pre-fabricated construction and save as much as 4-8 weeks on the construction time. Desion Process: If a decision is made to move ahead with facility construction, staff has already been in contact with several design professionals who have worked on other area animal shelters. The ballpark price for conceptual design services is from $8,500 to $25,000. Final architectural drawings are estimated to cost an additional $70,000. Staff would circulate an RFP for design of a shelter which takes into consideration the suggested designs discussed above, Council input, and a public workshop process. One consultant with whom staff discussed the timeline for such design work indicated a turn around time for completed plans of approximately three months, depending on the level of public participation involved. Interim Faciiities: Since the new Chula Vista shelter would not be ready to occupy for approximately 14 months (See timeline above), staff has been carrying out a number of interim improvements. These have included repair of in-floor heating, installation of ceiling mounted radiant heaters, replacement of chain link kennel walls with stainless steel sheeting, and design of an interim cattery. These upgrades wera noted by both the County Veterinarian and American Humane Association in their favorable raports for the continued use of our current facility while design and construction of a new facility is ongoing. ¡¡ 3 -/3 , "6 /-:3 Ê - . Page 14, Item- Meeting Date 07/15/97 Proposed New Chula Vista Shelter Costs: The estimated cost to build a new facility to serve the Chula Vista and its current contract cities' is shown on the following Table (C): Table C: Estimated City Facility Cost BASE COSTS Initial Cost Phase II Cost* Total Concept and Final Design $80,000 $80,000 land Acquisition $455,200 $455,200 Administrative Offices, Work Rooms, Storage $373,200 $83,200 $456,400 Cattery Building $40,250 $14,500 $54,750 Exterior Storage/Corrals $4,000 $4,000 Parking/landscaping $146,750 $146,750 Furniture, Office Equip. $50,000 $50,000 Staff Time $114,940 $9,770 $124,710 Contingencies $114,940 $9,770 $124,710 SUBTOTAL $1,379,280 $117,240 $1,496,520 . Phase II costs wouid oniy relate to additional space needed to serve contract cities. Each city would be proposed to bear a percentage of the total project cost. See further discussion below. Note: These costs represent rough estimates developed by Public Works staff based on prior master plan documents and current construction rates. Actual costs will vary w/final program definition and design. KENNEL BUILDING ALTERNATIVES (Including staff time and contingencies) Initial Cost Phase II Cost Total #1 Roof only, metal sidewalls (Similar to County 1,595,280 171,240 1,766,520 facility) #2 Roof only, masonry sidewalls 1,685,280 193,740 1,879,020 #3 Enclosed structure, metal walls 1,667,280 189,240 1,856,520 #4 Enclosed structure, masonry walls 1,757,280 211,740 1,969,020 The Alternative #1 construction cost shown includes construction of kennels with three solid walls and a fence gate. The base construction cost assumes only that there would be a roof over the shelter (as exists at the South County shelter) with an overhang to shield animals from the rain. Alternatives #2-#4 show expenses to provide an improved quality of construction or to enclose this area in a building rather than just providing a roof. These initial costs should cover all of Chula Vista's needs through build-out. As conceptual and final design are completed, these cost estimates can be refined, with additional reports to Council as information becomes available. The Phase II cost of additional construction would be incurred if Chula Vista continues to provide shelter space to other cities (Imperial Beach, Lemon Grove and National City) as well as revisiting ;13 ~('-I cities. 'The City's needs will be partially paid from DIF. Othe'lunding Sources will be used to pay for contract l'fl- /; - - ..- Page 15, Item- Meeting Date 07/15/97 the City's growth projections over time. It is proposed that these cities be assessed a share of the overall facility cost (Initial and Phase 11, including land, administrative offices, etc.), amortized over a projected 40-50 year facility depreciation. Since other City contracts are for much shorter time periods with no guarantees as to their renewal, the spread of costs between Chula Vista and anyone else for Phase 11 improvements will need more discussion as we get closer to that need. By the time Chula Vista reaches build-out, if the City is still providing shelter space to these other cities, there would be an additional expense as shown above. If no other cities are contracting at that time, there would not be a need to build phase II. Neither the initial or phase" estimates include the cost of providing shelter services for any additional cities. If Santee, La Mesa, South San Diego or any other agency were to contract for shelter space, these costs would need to be adjusted accordingly. The above costs include an examination and treatment room and interior space for a future surgical suite. They do not, however, include the equipping of this surgical area. This is for three reasons: 1) it is possible and maybe even advisable to continue providing spay, neuter and emergency care off-site; 2) the County facility to which this shelter is being compared also lacks a sterile surgery room and 3) it is possible to lease this space to a private vendor and provide surgical services at no cost to the City. On the first point, the provision of a full, sterile surgical area is a significant expense and one which might not be justified given the number of spay/neuter procedures to be performed. Currently, Chula Vista provides for these procedures through a voucher system and a volunteer veterinarian, who performs approximately 5-7 operations per week. This is anticipated to be sufficient to serve most of the animals considered likely for adoption. People adopting other unaltered animals pay a deposit to the shelter, which is refundable upon presentation of a voucher showing that they had the pet spayed or neutered at a local veterinarian. Spay/neuter "clinics" can be carried out regardless of whether the operating room is on site at the shelter or at a private office. Recuperation time for such an operation is short, so the animals can be dropped off by the owner at the shelter, transported to the veterinary clinic, spayed or neutered, and returned to the shelter until their release to the owner the following day. This alternative provides the same level of services without the cost of equipping a duplicate surgical facility. On the second point, the County has proposed construction of a sterile surgical room in their CIP. The estimated cost of this facility is $58,000, but no schedule is offered for when this facility might be built. In the meantime, what spaying/neutering is performed on-site is done in the examination room. The remainder of the procedures are either handled off-site by the adopting owners (approximately 65% are done by voucher) or are performed at private vets due to potential complications with performing the procedures on younger animals. On the third point, in preliminary discussions with local vendors, interest has been expressed in a private/public partnership to provide animal control services. The costs on Table C increases administrative space from approximately 1,500 to 2,000 square feet and adds a conference room/large community room for classes or volunteer meetings. ;;3 -/~ /9 -/5 - . ..- Page 16, Item- Meeting Date 07/15/97 Obedience classes would also be accommodated within the landscaped "get-acquainted" areas or courtyards of the proposed facility. Automation is another area to be upgraded as part of the new facility. The shelter currently has an inventory of three microcomputers and uses a computerized dispatching system. The computerized dispatch system currently in use at the shelter allows for tracking of calls for services and other animal shelter statistics. Additionally, as part of the Computer Aided Dispatch bid from Unisys, the City also obtained a unit price bid to add a remote dispatch station and mobile data computers for the animal shelter ($22,500). While this would offer some improved level of service via the computerized automated dispatch system, it may not be a necessary step beyond networking of the computerized system already in place. This issue will be evaluated further in the conceptual design process. Implanted microchip reading is a service already performed at the shelter via hand-held scanners used on all impounded animals. The County uses a walk-by scanner for this service to scan all parts of the animal, since microchips can drift in the body after injection. Such an installation may be worth evaluating if the existing equipment reaches the point of replacement or if recommended via the conceptual design process, but it is not recommended at this time. In the meantime, staff would recommend continuing to use hand held scanners and simply pass them over the length of the animal as is done with hand held metal detectors at airports. Microchip implantation is a service provided by the County to pet owners for a fee. If the City were to invest in such equipment, it would also charge a fee for its use. Thus, this item would not be a City cost in either a City-operated or County-contracted shelter and it is not included in the capital cost projections. Staff recommends referring microchip implantation to the new Animal Shelter Manager for a recommendation. Facility Financinq: The Public Facilities DIF was established in 1989 and the City has been collecting monies since that time for various public facilities. The DIF includes approximately $22 million for the Corporation Yard relocation project. This includes approximately $727,000 for the animal shelter and kennels, with associated costs for land, parking lots, design, equipment and contingencies bringing the total amount funded to approximately $1.7 million. The DIF is divided into two types of funds: those designated for a specific project and those which are collected in a pooled account, capable of being loaned from one project to another as the need arises. To date, the corporation yard/animal shelter portion of the DIF has accumulated approximately $1 million. These funds may 2.!l!:i be spent on corporation yard/animal shelter- related projects. The remainder of the DIF (for all Public Facilities DIF projects combined) includes $2.6 million which may be allocated on an interim basis to any DIF project. Of this total, $2.4 million was actually collected from corporation yard/animal shelter fees. The primary concern with the expenditure of these funds is that a sufficient balance remains available to fund pending DIF projects, such as fire stations and libraries. For 1997-98, these other projects' funding was taken into account before arriving at the $2.6 million remaining balance. /13 -/(P ~ Page 17, Item - Meeting Date 07/15/97 In addition to PFDIF funds, animal shelter construction can be financed through three other funding sources: 1) sale of the existing property, 2) advance of other non-OIF portions of the project (e.g. transit or sewer), or 3) payments by contract cities. In the first case, it has been estimated that the current 0.71 acre site could sell for $5.50 per square foot or $170,000 (Jess approximately $25,000 in demolition and closing costs). Non-DIF portions of the corporation yard project might be appropriate contributions if a shared facility were planned, such as if a joint parking lot were to be built. Since the shelter and corporation yard are currently being viewed as stand-alone facilities, staff does not recommend use of any of these funds toward the shelter. Finally, in terms of contract cities, the appropriate share of capital costs, amortized over the life of the facility, would be a topic for discussion in contract renegotiations as current agreements expire in the next 1-3 years. In the short run, there is not anticipated to be significant cash flow from these contracts to support the up-front construction cost. This leaves available funds of: Table 0: Avaiiable Funds Corporation Yard/Animal Shelter OIF $1,040,000 Combined Avaiiable OIF Balances $2,600,000 Net Prooertv Sale $145.000 Total Avaiiable: $3,785,000 As mentioned previously, the shelter replacement costs vary from an estimated $1.4 million to $1.9 million depending on the option. Thus, adequate funding is available for the project funding needs. . If Council were to decide to contract with the County rather than build a new shelter, there could be potentially a loss of DIF funds from the seven years in which the fees have been collected. Currently the funds are set aside for construction of a new shelter and cannot be used for defraying operational costs associated with contracting for shelter services. Thus, contracting with the County may result in a loss of OIF funds. Contract Cities' Share of Caoital Costs: In the long run, the initial facilities to be constructed will serve Chula Vista's build-out needs. As such, they can be financed by OIF funds with City contribution of the proceeds from the sale of the existing property. To the extent that the space is provided ahead of its need, the rental income paid by contract cities would be used to rebate the OIF. The proposed faciiity rental rate is based on the overall cost of the facility, the percentage of the build-out facility projected to serve the contract cities" and the city's customary amortization of building depreciation over a 40-50 year period. 4 Using the built-out shelter as the benchmark actually reduces contract cities' casts in that Chula Vista's continued growth wiil decrease their percentage share of the shelter in future years. This is also seen as a more appropriate measure than Current year percentages of shelter space based an the 40-50 year time line for payment of capital costs. ;4..3-/7 /f.) r T J-/ - - . - Page 18, Item - Meeting Date 07/15/97 As additional expansions are required, for instance to serve the build-out of the Otay Ranch, the accumulated funds from the contract cities can contribute to the expansion. If those contract cities were not to stay with Chula Vista, then the facility as built would continue to accommodate new development without additional expansion. The exact share to be borne by those other cities would depend on how many cities are accommodated at the built-out shelter and what could be negotiated. If the number of contract cities remains the same, it is estimated that they would occupy approximately 31.5% of the shelter. The projected facility share of the current contract cities are as follows: Table E: Potential Contract Cities' Facility Shares (Subject to Negotiation) AnimalslYear (projected in City 2015) Percentage Cost Annual Cost Chula Vista 4,460 68.5% 1,210,066 24,201 Imperial Beach 708 10.9% 192,551 3,851 Lemon Grove I 476 7.3% 128,956 2,579 National City 869 13.3% 234,947 4,699 TOTAL 6,513 100.0% 1,766,520 35,330 If Chula Vista were to add additional contract cities, they would bear a portion of the facility cost as well. Each annual facilities charge will be subject the terms of the individual contracts and their provisions for renegotiation. By way of comparison, Chula Vista could look at renting space in the County shelter for the next forty to fifty years. The shelter space could be provided for $227,695 during the first year of the contract, but the price remains subject to annual recalculation and additional County CIP financing, therefore, it is preferable for the City to build its own shelter for a predictable cost rather than paying annual. fluctuating lease rates. County Capital Costs: To enable a true comparison to be made, City and County staff exchanged lists of questions on existing facility capacities, staffing levels, kennel dimensions and boarding policies, anticipated animal populations and capital improvement plans. Animal population figures are based on current statistics and SANDAG's Series 8 population growth projections, Attachment 7, (adjusted for the recent Otay Ranch annexation)" As the County staff indicated at the May 20 Council meeting, this comparison process is somewhat hindered by the fact that they had just done their first capital improvements plan in several years. At this time, they mention a need to double the size of their cattery facilities, and complete certain other CIPs detailed on Table F. There was no indication that the Capital Improvement Plan is funded or that South, Central or Eastern facilities would need to be expanded /13 - 1<6 ~-- /0 - - . - Page 19, Item- Meeting Date 07/15/97 to serve Chula Vista or other contract cities. The County's CIP would need to be reevaluated in that context. If South County expansion were required, the existing 18 acre site should have sufficient capacity to absorb those additions. However, the expansion costs would be shared by all cities participating in the pool. The only commitment the County has made to staff is to try to maintain a single animal per enclosure (as Chula Vista does, unless the animals are from the same litter or pack or are nursing), but during periods of high shelter population, it may sometimes be necessary to "double-up." The County has also indicated a willingness to guarantee that the South Bay shelter would be the location where Chula Vista animals are housed, unless there is an issue of the animal's health or welfare. In any event, if expansion of the County facility did prove to be necessary, either to serve Chula Vista or Chula Vista and all the contract cities, that cost would be passed along later. In staff's opinion, this initial proposal from the County for a one-year contract (or for a long term contract on general operational terms only) would in effect lock the City into a service contract without disclosing the true long-term cost. Nevertheless, the survey questions and responses did attempt to address this capital improvement need and also speak to questions of who would pay for system-wide construction costs. Cost estimates were requested for capital expenditures through the years 1998, 2000, 2002 and 2015 (the last year for which SANDAG population data are available). Although it is difficult to project service costs for such an extended period of time, staff felt this timeline was appropriate to determine the comparable capital needs of both the City and County and to attempt to answer Council's questions about staffing. The County did not have figures available for any of these milestone years---for either construction, repair, vehicles or other upgrades. At this point, the County does not have a timetable outlining when various improvements would need to be made or an estimate of how that schedule would change with the eddition of new contract cities. Among the capital improvements thet the County hes identified so far are $8.8 million in facility expansions or improvements and miscellaneous other projects for which no funding or cost estimates are available. These include: [Table F on next pagel I!J ,-¡q I 7 ;13- /q - - . - Page 20, Item - Meeting Date 07/15/97 Table F: County CIPs Shelter Projects (identified 3/31/97) Estimated Cost South Enlarge Cattery (proposed to increase from 54 kennels $12,200' to 120) Add Sterile Surgery room (surgery currently done in $58,500 treatment room) Add 1O new adoption kennels $95,400 Add: information/public service booth, reptile room, $94,800 livestock barn, office space, waiting area Central Replace existing shelter. To be negotiated with City of $4.2 million San Diego for payment of most of this cost. Add 12 new kennels $114,500 Add automatic watering system $ not available North Replace/remodel facility $1.5 million Replace chain link w/ solid dividers between kennels to $21,400 curb transmission of disease Upgrade lighting $30,500 ¡:¡*ì?ƧR§Æ1iŒtY Expand automatic watering system $ not availablë Expand roofing with overhead heating $ not available East/South New shelter for East County and "extreme South $2.1 million County" " The cattery project%IêK%Rgtfj~QgiiRf!ß1~ßm!~tl Rao since been appropriated at a total of $50,000. Countv Cost-spread Methodoloqv: The capital improvements plan which the County has provided itemizes some of the projects slated for the three shelters. With the exception of those items which they are successful in negotiating with the City of San Diego, these costs would be spread to all participating jurisdictions according to an as yet undetermined formula. Previous capital improvements were reported to have been spread on the methodology used for direct departmental costs, which would mean an allocation of 50% of the cost based on population and 50% based on calls for service. The highest cost items in the County's CIP are for replacement or rehabilitation of the 50-year old Central Shelter and 30-year old North County Shelter and for the construction of a new East County/far- South County Shelter. . If any of these costs were passed along via the County's 50% / 50% formula, Chula Vista could end up paying for new facilities in the county's shelter network even though there would be no direct benefit to Chula Vista residents. Furthermore, the County does not ;13 _]..D currently have a methodology for amortizing capital costs over more than one year---this too would be subject to reevaluation. Thus, even if the repair and construction bill the city would receive TS/~ ,2- C) included only those items listed for South County, there could be - . . - Page 21, Item - Meeting Date 07/15/97 even if the repair and construction bill the city would receive included only those items listed for South County, there could be considerable spiking in contract costs as new surgery facilities or kennels are added. Taken together with the significant service cost variation that has been the experience of other cities contracting with the County, it is difficult to say that the County can offer anything more than a one-year contract with an unknown price for future years. Where costs are discussed in the County's response, they are qualified as subject to being recomputed annually. Thus, potentially, the City could enter into a contract, layoff its employees, sell its animal control vehicles, and be faced with a significant capital improvement lump sum billing and service cost increase the following year. In this sense, by contracting with the County, Chula Vista would not be getting a 20 year old shelter in the South County, but full participation in the cost of a larger, older and more costly network of shelters. . In 1995, Lemon Grove's cost analysis revealed a 36% increase from FY 89-90 to FY 94-95, as much as 14% a year. This year, the City of San Diego's bill from the County is proposed to rise from $1.4 million to $2. 1 million (50% increase) based on overly-optimistic 1996-97 revenue projections. Conclusion: In evaluating the capital question alone. staff is indicating that sufficient funds are available to build a new shelter and that it can be completed in approximately 14 months. By way of comparison, this shelter could be built to a "state of the art" standard. If, based on cost and level of service and other factors, Council concurs in staff's overall recommendetion to proceed, the resolutions presented tonight would appropriate funds to build the cattery, begin the conceptual design process and architectural drawings. Staff has already been in contact with a number of companies experienced in animal shelter planning and design. A conceptual design has been priced at between $8.500 and $25,000, which is within the City Manager's purchasing authority. With the approval of tonight's recommendation, staff would be prepared to hire a design firm and begin negotiations on the purchase of the land immediately. ~ STAFFiNG NEEDS - PRESENT TO BUILD-OUT Staffing levels at the Shelter at present consist of the following: 1. Six animal control officers (4) to cover Chula Vista, (1) Imperial Beach and (1) Lemon Grove. 2. Two kennel attendants. 3. One ,l\..dministrative Office Assistant II, one part-time (20 hours per week) AOAI. 4. One temporary part-time veterinarian, one kennel attendant and hourly office staff. (The Temporary Registered Veterinarian Technician position is in the process of being filled at this time.) ~I /1.3-.:2..( - . . - Page 22, Item - Meeting Date 07/15/97 Enhanced Staffinq In response to staff's May 20, 1997, animal shelter report, City Council authorized Police staff to fill on a part-time basis for 45 days additional staffing to be added to the Animal Shelter kennel and office in addition to a part-time veterinarian and registered veterinarian technician. A total of four positions were authorized to be filled and $12,000 was appropriated for this purpose. Since Council's action on May 20, staff has hired the additional kennel and office staff and the part-time veterinarian. The hiring of the interim staff has enhanced the Shelter services. The veterinarian is able to examine animals on rounds each day, treat and vaccinate animals as needed and is in the process of helping staff develop community outreach programs as well as monthly or bi-weekly vaccination clinics at the Shelter. Additionally, the enhanced staffing will allow for expanded Saturday hours at the Shelter. There has been interest expressed by the community that the Shelter be open longer on Saturday. Currently, the facility is opened Monday through Friday, 9:00 a.m. to 5:30 p.m. and Saturday, 9:00 a.m to 12 noon. Staff proposes extending Saturday hours to 5:00 p.m. beginning September 1, 1997, and experimenting with Sunday hours 10-2 p.m. to provide community outreach programs. The existing staffing, including the additional positions authorized by Council, provide the coverage needed at the Shelter and the coverage needed for Saturday hours. Staff recommends paying for these positions from unanticipated salary savings until such time as new revenues can be implemented. The following is a summary of recommended staffing levels from FY 98 until the year 2002 based on projected population and average number of animals per household for the City of Chula Vista and existing contract cities. Animal Control Officers (ACO) There are no additional ACO positions recommended at this time. A new ACO was added in FY 96-97 to enhance services in the field and provide community outreach. The first year's cost of this position and truck were paid for by the Federal Local Law Enforcement Block Grant secured by the Police Department. Furthermore, because of the temporary enhanced staffing added on May 20, 1997, ACO's have more time for field and community outreach activities as a result of added staff to the kennel and office. Prior to the additional temporary staff, ACO's were used to backfill in both the kennel and office and transport all animals to Bonita Pet Hospital. This has been eliminated by the staffing enhancements, increased volunteer support and an on-site part- time veterinary care. Kennel Staff Temporary staff approved by Council has enhanced kennel and office services. This has helped relieve current staff duties as well as provide the additional customer service, extended coverage and backfill for time-off due to illness and vacation. The result is an enhanced level of service at the facility. /1.3 -ø7~ /'8 ;.&:2 - - " - Page 23, Item - Meeting Date 07/15/97 In the past, the Kennel Attendants overlapped for a 5-hour period daily. This, coupled with staff shortages, as a result of illness or leave, was insufficient for regular kennel duties, preparing for those animals incoming to the facility (i.e., clean, feed, set-up kennels, clean cat areas, prepare adoption kennels, daily inventory, euthanasia). These issues have been eliminated as a result of Council's action to add a third Kennel Attendant, plus employees coming off of illness or injury leave. Offica Staff Basad on operational needs as temporarily approved by Council, staff determined that a minimum of two office employees are required at all times. The office is currently staffed with one AOAII, a Transcriptionist currently on loan from the Police Department, and a part-time AOAI dedicated to the Spay/Neuter Program. Staff is recommending budgeting hourly wages for three non- benefitted part-time employees at the AOAI level. Budgeting the AOAI on an hourly basis will give the Shelter Manager flexibility and the opportunity to make staffing adjustments during peak workload periods. This will provide enough office staff to provide customer sarvice (both phone and counter sarvice), fill in for staff shortages, coverage for extended hours on Saturdays and potentially Sundays to help provide proactive community outreach. Veterinary Staff Staff recommends continued funding of a part-time Veterinarian and a Registered Veterinarian Technician. Both enhance veterinarian services at the shelter and provide expertise on critical triage of animals brought into the faciiity. Additionally, the part-time veterinarian could be usad to vaccinate incoming animals, host and supervise community outreach programs and conduct vaccination clinics. Based on the above, it is recommended that: a part-time Veterinarian and Registered Veterinarian Technician, one Kennel Attendant and three non-benefitted part-time Administrative Office Assistants, be permanently added to the Animal Shelter. Table G below shows the staffing additions recommended to be permanent and associated benefits for Council action. These positions are proposed to be paid from projected salary savings and new program revenues. New program revenues will be forwarded for Council review upon evaluation by the new Shelter Manager. Even with the additional costs associated with these positions, based on the level of service provided and enhancements made, staying in the animal shelter business is a more cost effective alternative than contracting with the County as discussed in sections 4 and 5. The addition of staff described in this report will also allow for extended weekend hours to the public at the Shelter. [Tab/e G on next page! 113 -.23 ;>/ [3 - ,;! 3 - . . - Page 24, Item - Meeting Date 07/15/97 Table G: Recommended Enhanced Staffing FY 97-98 Position Days Hours/Week Total Cost w/Benefits Part-time Veterinarian 5 15 $32,000 Kennel Attendant 5 40 $31,624' Registered Veterinarian Technician (RVT) 2 6 $3,700 Administrative Office Assistant I (AOAI) 5 20 $30,072 (Hourly) to provide customer service, dispatching and assist with phones and records, coverage on weekends. TOTAL $97,396 Staffinq Forecast A complete staffing forecast at build-out will be provided to Council sometime this summer by the consultant hired to update the Masterplan. In the interim, staff has used SANDAG Series 8 the projected population and average number of animals to be housed per day through the year 2030 to project staffing needs. Table H summarizes staff's findings. Table H: Staffing Forecast POSITIONS Animal Animal Projected Shelter Office Control Kennel YEAR Population Manager Staff Officer Attendant Total 1998 265,325 1 2.5 6 3 12.5 2000 292,291 1 2.5 6 3 12.5 2002 305,971 1 2.5 6 3 12.5 2005 326,491 1 3.5 7 4 15.5 2015 382,380 1 4 8 6.5 19.5 2030 277,034' 1 4 8 7 20 5The cost for the kennel position will be offset by an estimated $3,000 savings in overtime. óPoPulation for City of Chula Vista only. POP")i"3 ~'1"'iactual cities not available. /D-~ - . . - Page 25, Item - Meeting Date 07/15/97 ~ SERVICE ALTERNATIVE - CONTRACTING WITH THE COUNTY As directed by the Council on May 20, 1997, City staff met with County staff to explore animal control service options (shelter only, field service only, or full service). A proposal, subject to negotiations, has been provided by the County for each COmponent. All of the proposals received are for a one year duration. The County was unable to provide a fixed price proposal or multi-year proposal with caps. County staff believes that the numerous variables (fuel, supply costs, salary increases, etc.) surrounding animal shelter services are difficult to predict. Using County staff's own words, "The County cannot offer a multi-year contract at a predetermined set rate, it is impossible to accurately project cost and revenue changes over time and obtain full recovery of COSts for services provided by contract." Furthermore, as we indicated on our May 20, 1997 report, the County Animal Control Department is currently undergoing a reorganization and restructure of methodology used to calculate costs for services. As a result, all existing contractual agreements with the County are for the duration of one year. Thus, if the City elected to co'ntract with the County, the contract would be subject to an interim agreement subject to renegotiation. Absent, a long-term commitment for service, multi-year contracts or price caps, entering into an agreement at this time is not a desirable altemative. Countv Contract Costs The first year's contract cost for full service, shelter service only, patrol service on a priority basis, is as follows: Table I: County Contract COSts Full Services Shelter Only Patrol Only Direct Costs $362,185 $177,8521 $169,920 Dept. Overhead 54,621 I ., 26,822 25,626 External Support 46,880 I 23,021 I 21,994 ['::~ ^.:-.' , -I pI:'; :.;~ :-.d 22,000 o 22,000 Pcc;:-c: t: 'I:i:o g¡§~ij?t: kŒ~2ðmíìI%! Total Cost $485,686 I $227,695 $239,540 Despite the County's efforts to provide a contract, inclusive of all associated costs, specific dollar COSts associated with facility expansion, repairs, maintenance, vehicles, etc., are not included. 7Dead animal pick-up --" --.;:so.- -- ca.- ---¡o'_'__- --":1#!lQ.! provided by County ,o.nimal Control;';: -.,-- "'-..--.. "--- -- - -I ,-- ""'_,__- - ..h~X~IqM~§!i~JK\yitfi ~ A 3 -.:2S - - . - Page 26, Item - Meeting Date 07/15/97 Therefore, this cost component will be subject to change as the County further defines and tries to fund its capital improvement plan prepared this fiscal year. Two more areas of concern involve the argument that "economies of scale" savings will be realized by joining the County animal control program and that the City will avoid liability costs. . Staff has not received information regarding "economies of scale" that will illustrate a benefit to the City or other jurisdictions currently in the County pool. (See general discussion of this topic at the beginning of this report in the "Summary" Section.) . In terms of liability avoidance, it is a false assumption to believe that the transfer of animal control services to the County will eliminate all liability costs from claims filed against the City. To date, City liability costs resulting from claims associated with animal control services have been nominal. liability costs under the county's methodology are shared among all jurisdictions in the pool. Not only would the City be subject to liability costs arising from animal control services in Chula Vista but to those liability costs occurring in other cities over which we have no control. According to our Risk Management staff, Chula Vista has had nominal liability costs associated with animal control services. Therefore, absent any information on the liability costs by jurisdiction served by the County, staff can only assume that our liability costs will increase. Countv Full Animal Control Services The cost for full animal control services provided by the County for a one-year period is $485,686. This cost provides a different level of service than Chula Vista. The County of San Diego is proposing to provide animal control services which include 24-hour a day, 7 days a week, field response to citizens request for service. . Patrol service is provided on a priority call for service and after hours on a call-out basis. Thus, not all calls for service are responded to by the County, based on the County's priority response system. . While a total of 112 County staff hours are available to patrol the entire South Bay area, they do not equate to four dedicated (40 hours each) animal control officers responding to calls for service or available to do proactive animal control services in the City of Chula Vista city limits. . Currently average response times are reported to be comparable 38.5 minutes for the City and 38.4 minutes for the County for Priority 1 calls. The County's average could potentially increase if additional ACO staff is not added to meet service demands for Chula Vista and potentially National City and Imperial Beach. ¡l E -;2.(, ;;/~ ,~?b - - .. " Page 27, Item - Meeting Date 07/15/97 . Approximately 15.6% of calls received by the County are not responded to due to the County's response by priority only system. Specifically, . .4% of Priority 1 calls receive !1Q response due to no time because of service by response priority. . 1.2% of Priority 2 calls receive no response due to no time because of service by response priority. . 14% of Priority 3 calls receive no response due to no time because of service by response priority. .. ... Table J: Definition of Priority Leve!s Priority I Examples 1 êq~R¡g¡t¥i.9i;¡;¡rabid or biter animal at large, dangerous animal or vicious ä,iiiïïäfâiïarge, injured animal, threatening feral or wild animals, cruelty to animals, fighting animals, animals secured in vehicle, venomous snakes and Police cover. 2 I Quarantining of animal, confined strays, minor injured animals, checking the welfare of animal for possible abandonment, g~c:ys :~ '"r:c. 3 I Dog running loose, non-venomous snakes, strays 4 Dead animals, barking dogs, public nuisances, relinquishments, delivery of cat traps, and proactive patrol. Additionally, the City is contractually obligated until year 2000 to provide service to Lemon Grove. The County's cost proposal does not reflect the potential cost from litigation or settlement should the City elect to contract with the County. Shelter Services The County proposes to provide 5 day per week (Tuesday through Friday, 9:30 am to 5:30 pm; Saturday, 9 am to 5 pm! public access to three shelters for reclaiming and adopting animals. The Shelter that would be designated for housing Chula Vista animals would be the Shelter located in Bonita. According to County staff, this shelter currently has excess capacity to accommodate the current Chula Vista animal population, exclusive of contractual cities. Economics of scale can only be accomplished if excess capacity exists. Thus, if Chula Vista folds into the County, jurisdictions currently serviced by Chula Vista will have no choice. Due to the lack of excess capacity, the result will be an increasa in costs associated with facility expansion and improvements. The County methodology used to calculate costs and revenues (with the exception of dog license revenues) for full animal control services are allocated among the participating jurisdictions using the following formula: 50% of the costs and revenues are allocated based on each jurisdiction's 7Y"~ì rJ 3 -.;) 7 - - -. - Page 28, Item - Meeting Date 07/15/97 proportional share of the total service area population; 50% are allocated based on each jurisdiction's proportional share of the total licenses sold (revenues). Shelter Services Onlv The shelter service only component for the County of San Diego cost is $227,695. This cost will fluctuate based on the actual number of impounds. County Contract Conditions While, the County will not provide a fixed price multi-year contract with a cap, they are willing to enter into contracts for up to 5 years, using the cost sharing methodology of 50% of costs and revenues allocated based on relative population and 50% based on relative requests for services. Based On this formula, each year's cost during the 5-year period would be recalculated and possibly negotiated prior to start of each contract year. Each year's contract charge for Chula Vista would be based on the City's allocated share of anticipated costs of providing services, and allocated share of the prior year's actual revenue. The variables that could change in each year's contract are as follows: . Changes in costs due to negotiated salary increases, increases in supply cost, necessary capital improvements, etc. Again, there are no guarantees being made or price escalators included in contracts to keep changes in costs in this category from occurring. . Changes in revenue receipts. The County's proposal includes a revenue estimate for the first year of $260,321 which staff believes is an extremely high estimate based on current revenue receipts and the City of San Diego and Lemon Grove experiences. . In 1995, Lemon Grove's cost analysis revealed a 36% increase from FY 89-90 to FY 94-95, as much as 14% in one year. This year, the City of San Diego's bill from the County is proposed to rise from $1.4 million to $2.1 million (50% increase) based on overly- optimistic 1996-97 revenue projections. Furthermore, there are no revenue guarantees for subsequent years. Therefore, the second year's contract charge which will be based on the City's volume of request for services and share of the prior year's actual revenues will undoubtedly increase. Changes in each jurisdiction's relative population and request for service. This does not only include Chula Vista but other jurisdiction's population and request for service, prior year experience. Changes in the number of jurisdictions participating in the County's regional animal control program. According to County staff, the County's first year costs have been made under the assumptions that Chula Vista's residents are at the median level for the current jurisdiction's service by the County. Therefore, the degree to which our residents behavior differ from the median will affect subsequent contract costs. For example, if our residents are high requesters of service, as they have been accustomed to and have a moderate rate of compliance with dog license regulations, our share of costs in subsequent years will increase. /i 3 -:¿~ -18-;28 - . . - Page 29. Item - Meeting Date 07/15/97 Transfer of Citv Staff to County The County has indicated that they are willing to absorb all animal shelter staff into current and vacant positions. However, they have not made any guarantees as to whether these staff positions will retain the same classifications. All classifications of existing County animal staff are currently under review and proposed to change by mid-October. In fact, our employees would not only be subject to a reclassification; but, a loss in salary at a minimum of approximately 2% because Y-rating is prohibited by County Charter, Section 501.2. In regard to benefits, City staff would receive comparable level from the County with few exceptions: . Retirement benefits - The City of Chula Vista is a PERS agency, under which an employee is vested at 5 years of service. The County has their own independent system, (1937 act system), under which an employee is vested after 10 years of service. A reciprocity agreement exists between the two systems such that an employee may defer retirement with the City and enter into the County system and retire from the City using the highest pay earned from the County. . County employees are subject to paying social security. £, WHY RETAIN PATROL AND SHELTER SERVICES IN CHULA VISTA? The City can provide animal control services more economically and efficiently than the County of San Diego. While this is more specifically discussed in this section, the major differences are in the areas of the level of patrol service, shelter service, costs, fees and revenues. Patrol Service . The City provides a higher level of patrol service, Currently, the City provides 24-hour a day emergency service on a call-out basis, 7 days per week to citizens requests for services. This includes four (41 dedicated Animal Control Officers to patrol Chula Vista exclusively. . While the County's response time is reported to be the same, response time will increase unless the County adds field staff to service Chula Vista and any other new contracts. . The City responds to 100% of calls for service in comparison to the County whose response on a priority basis means no response to 15.6% of calls received by the County. Shelter Service . As discussed earlier, the facility is in compliance with State and Federal reguletions and both the County Veterinarian and American Humane Association projected a useful life of approximately 2 years. The City shelter is currently open more hours to the public than the County shelter. Nevertheless, staff is recommending extending hours on Saturdays and experimenting with Sunday hours to provide educational programs, clinics and other A.3-;¿~ -f8 :2~ - . . - Page 30, Item - Meeting Date 07/15/97 community outreach programs. The total hours open to the public will far exceed the County's hours. . In terms of shelter staffing, the additional enhanced staffing approved by Council on an interim basis and recommended by staff, provides the additional staff required to run shelter operations and provide enhanced services, coverage on weekends and community outreach. . Additionally, there is a revenue stream generated by the shelter, which partially offsets the costs associated with running this program. In addition, to the contracts with Imperial Beach and Lemon Grove, the shelter collects impound fees, daily fees for the time an animal has been housed, adoption fees and licensing fees. Thus, entering into an agreement with the County would result in a loss of revenue control and a higher fee schedule which would be managed by the County. This coupled with a loss in expenditure control and local home rule, makes the County alternative a more expensive, less desirable option. The following Table K provides Council with FY 98 City costs for all animal control services (including contract cities), City costs for animal control services for the City of Chula Vista only and a comparison of costs to the County. Table K: Comparison of City Cost and County Contract Proposal for Animal Control Services Full Service Shelter Only Patrol Only Licensing Only County Contract proposal $463,686 $227,695 $217,540 $56,944 City Cost (enhanced) $562,762 $262,840 $298,172 $1,750 Cost (Savings) from ($99,076) ($35,145) ($80,632) $ 55,194 Contracting Net Revenue from $75,150 $69,250 $3,450 $2,450 Contract Cities Grant Revenue $53,221 $21,055 $32,166 II Net Cost (Savings) from $29,295 $55,160 ($45,016) $57,644 Contracting Table K focuses on the bottom line and it excludes common revenues since revenues under both contracting out and the City scenario were considered to be equal. It breaks out the net benefit from the City providing services to the three cities currently under contract, Table K includes contract revenues from other cities that would disappear if we contracted with the County. The revenues are shown to illustrate the true cost to the City. This is a comparison factor that needs to be included because the City currently receives a net benefit for providing services to other jurisdictions. Line 4 is the excess of revenue that we charge over the actual cost of our services (i.e., the net figure of $75,150 is the City's net income from contracting out). Table K concludes that the City actually saves approximately $29,295 by operating the full services in-house over the County proposal. ¡ld -~ J-6 - .:]V - - . - Page 31, Item- Meeting Date 07/15/97 The total cost for Chula Vista is a comprehensive service cost which includes: the cost of dead animal pick-up, response to animal noise complaints, vehicle replacement, and recent service enhancements and staffing additions. Furthermore, to be able to make a fair comparison of the costs between the City and the County, it was necassary to eliminate revenues. Once revenues ara removed, the tables show the Citv is able to provide an eauallevel of shelter services and a hiGher level of field service for $29,295 annuallv less than the Countv. Again, it is important to note that the County proposal is a one year proposal subject to annual increasas. The capital costs are not included in the cost comparison because the County did not provide any costs in the proposad contract for facility expansion/construction. Chula Vista has an established Development Impact Fea Program which partially pays for facility construction. Obviously, if the City contractad with the County and overtime paid for a portion of the County's capital costs, that expense would be from the City's General Fund. The City's capital costs; however, if it still provided animal control service, would primarily come from the PFDIF. Other Reasons for RetaininG Patrol & Shelter Services The City of Chula Vista is the second lergest city in the County. The City long ego achieved e level of urbenization at which it assumed greater responsibilities, including a high degree of local representation and control over services, regulations and revenues. Despite the costs savings of staying with the City, there are five compelling reasons for keeping animal control sarvices within the City of Chula Vista. . Services - By keeping animal control services, the City retains the ability to improve and deliver animal control services in the community. . Revenues - The City retains all revenues to support operations. . Representation and Local Control- The City retains the ability to represent its residents and give the community control over the delivery and costs of animal control sarvices and the level of fees charged. Furthermore, contracting with another Agency will not necessarily avoid complaints. Cities receive complaints whether they provide services directly or by contract. In fact, complaints may increase if the level of field services diminishes. . Liability - The City eliminates the potential to be driven by the performance of other jurisdictions, and polices (i.e., performance liability for another jurisdiction) of another jurisdiction. . Competition - The City is the only alternative for many jurisdictions. Competition eliminates monopolies of sarvice which often result in higher prices and lack of accountability in regards to efficiencies achieved. In regards to "economics of scale", once the new facility is constructed the City can benefit from its own economics of scale by expanding services to additional jurisdictions and benefiting from associated savings in costs. This is an optimal method of service provision in that it ensures competition in a local market by breaking up a concentration of economic power in one agency which can ultimately drive both service levels and costs. Besides costs, these are compelling reaSOns to stay in the animal control business. ~ 3 -3/ Ie 3/ - - . - Page 32, Item - Meeting Date 07/15/97 Revenues/Fee Schedules Under the City's current fee structure, $90,400 is collected annually. Historically, the City's fees especially in the area of animal control licenses, have been kept low with the goal of encouraging a higher level of animal licensing. Based on a comparison of estimated County and City licensing rates, the City's lower fee structure has apparently not succeeded in accomplishing this as both jurisdictions estimate licensing to be hovering around 50%. Therefore, staff will be bringing forth a combination of proposed ~ revenue generating programs and small fee increases to increase the City's revenue from $90,400 to approximately $200,000 annually. The new revenues will be used to offset the costs of the recommended enhanced staffing and services. The combination of new revenues and small fee increases will include enhanced revenue from rabies vaccination clinics, community outreach to identify unlicensed animals and ensure compliance with health and licensing laws, increased license fees and a special licensing program to encourage adoption of animals at the shelter. While staff will begin developing some of these programs, it is recommended that a total program approach for proposed revenues be brought forward for Council's consideration by the new Shelter Manager. As stated earlier, the City is in the process of recruiting for a Shelter Manager and anticipates hiring of this position by mid-September, 1997. The following chart provides a breakdown of revenues collected by the City for animal control operations: Table M: Chula Vista Revenues Current FY 98 Estimated Revenue from Contracts $172,400 Current FY 98 Estimated Revenue from Fees $90,400 Proposed Programs & Fee Increases $109,600 Spay/Neuter Staff Reimbursement $21,055 Total City Revenues for Animal Control Operations $393,455 In comparison, the County's projected revenues from fees are $260,321. This assumes adoption of the County's fee schedule which results in higher fees to residents. The following tables provide a summary of fees currently collected by both the City of Chula Vista and County of San Diego. Staff proposes that these fees be evaluated by the new animal shelter and that a total revenue program be provided to Council for consideration mid-year. [Table N on next pagel ¡1d -3;¿ r6 _J~ Page 33, Item - Meeting Date 07/15/97 Table N: Summary of Fees Item CV Current I San Diego County Impound Fees $20.00 first impound $25.00 first $40.00 second $45.00 second, Dogs $60.00 third & subsequent $65.00 third $20.00 Cats $30.00 Exotics, Farm Animals Board Fees Dogs & Cats - $5.00 per day $6.00 per day - Cats & Dogs Exotics & others - $7.00 per $12.00 - Farm Animals day $15.00 - Equine/Bovine Vaccination Clinics I None I $i~.oo plus cost of license Table 0: Summary of Fees Chula Vista San Diego County Item I Altered' Unaltered' Altered Unaltered Dog License Fees $9.00/yr $18.00/yr $10.00/yr $25.00/yr $12.00/2yr $24.00/2yr $17.00/2yr $41.00/2yr $14.00/3yr $28.00/3yr $23.00/3yr $53.00/3yr Puppy License Fee $8.00/yr $2" ""1i§I9þ/yr $3.00 Late Charges $3.00 $10.00 $10.00 License Inspection I None None I~ ~ ¡:¡WY~19§IîlW ß~~gg;jj¡)!î!~ Potential Litiaation Matters The City currently provides full animal control services to the cities af Imperial Beach and Lemon Grove and shelter services to the City of National City. Based on the City Attorney's review, termination of these contracts would be subject to the following and could in the case of Lemon Grove result in litigation if the contract is terminated prior to its expiration date. This is an additional cost that would need to be added if the City chooses to contract with the County, 1t.3 -33 "/;5 :13 8 Altered refers to animals which have been spayed or neutered. 9Unaltered refers to animals which have D2l been spay or neutered. - . . - Page 34, Item - Meeting Date 07/15/97 Table P: Contract Cities CITY PROVISION National City The contract may be terminated at any time. Imperial Eeach I Th~ contract may be terminated within 180 working days of notice. Lemon Grove The contract may be ten:ninated for cause by either party or at renegotiations in the year 2000. Thus, there could be potential litigation involved if the City terminates the contract prior to the year 2000. FISCAL IMPACT: The fiscal impact of retaining both Patrol and Shelter animal control services including contract cities is $29,295 minus $4,800 for construction of a cattery. The operational costs are partially offset by animal control revenues. The cattery costs would be offset by $2,500 in donations and $2,300 in unclaimed cash deposit funds. The cost for a new animal shelter (including site acquisition, design, construction) is estimated to be $1.4 million to $1,9 million depending on design. This cost is partially offset by DIF funds, the proceeds for the sale of the existing animal shelter property and contract cities. Attachments: Appendix /J.. 1. County Veterinarian Report 2. Letter from Ken Upton, DVM 3. Letter from Mary T. Sesson, Mayor of Lemon Grove 4. Letter from Bahia Sur Kennel Club of Chula Vista, Inc. 5. Potential Sites 6. Courtyard Concept NOT SCk.'~'En 7. SANDAG Series 8 Population Forecast/Animal Population Projects li,lI C,\wp51\",',113,.""',¥.113 !J,lv 10. 1997 17,04pmll ;13-Y{ ¡-&-- 3 ¥ - . . - APPENDIX A ANIMAL CONTROL OPERATIONS FACT SHEET Field Patrol "On-Duty" Hours: 9 am - 5 pm 6 am - 10 pm CV: 4 dedicated Days: Mon through Fri 7 days per week ACO's for 40 hours Number of Staff: 4 dedicated ACO's 2 ACO's assigned - each Area of Coverage: assigned one would cover west County: 112 hours CV, 1 Imperial Beach and of 1-805 & the other 1 to Lemon Grove would cover east of 1- 805 including unincorporated areas Patrol Response Times 38.5 minutes 38.4 minutes - South The County average Priority 1 Average Priority 1 County Average could potentially Priority 1 increase unless additional staff is Priority 2, 3, 4 Within 8 hours of 12-72 hours response added to deal with receiving report the increase in demand for service Percent of no response 6!! calls are responded to The County responds from Chula Vista and by the City regardless of to calls for service on other contractual priority level. a priority basis. As a cities. result 15,6% of calls received are not responded to by the County. Vehicle Replacement I Yes Yes Program Dead Animal Pick-up I Yes I No Provided by another County department at an additional cost. Animal Noise I Yes No I Provided by the Complaints County at a cost. ¡l3-3'S' 18 -3) I . - . ..- Shelter Open to Public Hours: 9 am to 5 pm 9:30 am - 5:30 pm County: 40 hours Days: Mon - Fri; Sat., 9-12 Tues - Fri; Sat., 9-5 CV: 43 hours Proposed Hours: Saturday 9-5 CV: 52 hours Sunday 10-2 Saturday Staffing 1 Kennel Attendant 5 clerical Shelter remains open 24-hr Vet on call 6 kennel attendants during Saturday Volunteer staff 1 reg. vet. tech. hours. Proposed: "On Call" ACO to handle call-outs, 1 RVT 1 Clerical On-Site Veterinarian Yes, Part-time Yes, Part-time Microchip Implants of No Yes Pet Identification Adoption Animals System - can be easily implemented in Microchip scanning Yes Yes Chula Vista with no cost to the City, Low Fee Spay/Neuter Yes Yes Referral Program Program with private vets Volunteer Auxiliary Yes (PETS) Yes (FOCAS) Shelter Yes No-County's first CIP So, County Shelter Replacement/Expansion Program in years adequate for Chula Program begun PY 1996-97, Vista impounds. 80th Chula Vista & County need a new cattery. Selling of Animals for No Yes Research "One Stop" Licensing I No, however applications I Yes, at veterinarians At veterinarian's through private vets. given by vets. discretion, discretion. Permanent Tags, year- No Yes License fees are I to-day licenses much higher with County I~ 3&- ;43 -~ - - .. - Activity/Program Chula Vista County Comments License Canvassing No Yes For generating Program revenue. Chula Vista does not provide canvassing due to negative community reaction. Rabies Vaccination No Yes Veterinarians Notification Program required to forward rabies vaccination Proposed new program Yes information to DAC Automated Animal Yes Yes Management System Internet Web Site No Yes Used for advertising services, adoptions, lost and found pets. Television access Yes, Channell 0 Yes, County television Used for adoption coverage for adoption network purposes and advertising services. Monthly Activity Yes Yes. Reports by City Integrated Voice No . '. ' Yes I Automated telephone Response information retrieval system Yes, field officer handles with appropriate judicial support. Special Events I Yes Yes Training Academy Yes Yes All officers receive Academy training. Department Newsletter Yes. Access to City- Yes. "Paws for wide Newsletter, Thought" quarterly Joint Alert Program Yes Yes All officers are with Social Services mandated to report regarding child and both child and animal animal abuse abuse. /-ff :3 7. ,A.3-37 - - .. - ATTACHMENT 1 HUSE" JOHNSTONE. DVM <ITnunt~ nf ~nn ~i.e£1J JEAN OREEK, "" (ASO'I COUN'" mE"NA"'" M'C"O"OlOO' KERR'S. MAHONEY, DVM DEPARTMENT OF AGRICULTURE, WEIGHTS & MEASURES OFFICE OF THE COUNTY VETERINARIAN MARGARET STEWART. AHT "'HOlOG' """"'NA"' TECHN""'" S555 OVEALAND AVENUE. BlOG 4. MIS D52S '-'AOY N. MILLER, DVM. MPH SAN DIEGO. CALIFORNIA 92123-1274 J. ALFONSO GUAJARDO, MVZ =""N'"' ,",LlC HEALTH PHONE, (6191694.26'6 FAX' (6,gI57H2.8 "EO'CO """"NAR'O ZOOTiC""" A June 20,1997 TO WHOM IT :MAY CONCERN: On June 20, 1997 at 9:30 a.m. I conducted an on site inspection for the Animal Shelter of the city of Chula Vista, at 690 Otay Valley Rd.Chula Vista 91911. I met with Captain Dan Wolf, Chula Vista Police Dept., Officer. Corina Culver, Shelter Supervisor, and Officer Juan Estrada fÌ'om Chula Vista Animal Control. The shelter has 72 chain linked dog mns, that measure 8 feet long by 3 feet wide, 60 are used for regular impounds, and 12 used only for quarantine animals. In case of impounding a very large dog, or a whelping bitch with puppies, there is a converted mn, which measures 8X6. There are 12 smaller nms for adoption dogs that measure 6 feet long by 3 feet wide. There are 24 separate stairùess steel cages for cats, 18 for regular impounds and six used in the quarantine section. Stairùess steel baITicades are placed at the end of all the runs to protect impounded dogs from weather and cat cages are next to concrete brick walls. Between rows ofthe dog mns, there is 6 inches "v'ide by 1 foot tall cement wall, whjch serves as a splash guard, so feces or urine does not go fÌ'om one nlll to the other, while it is being cleaned and washed off with a hose. The facility is totally covered, and the suITotmding walls are made of chain linked fence, with heavy duty plastic curtains on all four sides, which can be adjusted by opening or closing as needed, depending upon the weather. This is a better method than a totally enclosed facility, since air circulation is maximized and odor control is at minimum. Quarantine section is next to the regular impounded section, separated by a locked gated entrance. ,If 3 ,3-r ~ - - .. - ATTACHMENT 1 Male dogs and cats have a blue cage card, and females are identified by a pink colored card. A folded cage card, means a cage needs to be disinfected. The current . method of disinfection is bleach, at AI: 5 dilution, and a high pressure steam cleaner are also used for the inside premises. The shelter has two small cages suitable for rabbits, rodents and other smaller impounded animals, and two glass covered enclosures (aquarimTIs). Most of the dogs impOlmded at the time, had a sleeping plastic cot, with a removable carpet liner, which is 6-8 inches raised from the concrete floor. The carpet liner is washed daily with detergent, bleach and an ammonium chloride based disinfectant (A-33). All of the cats housed in cages, including the quarantine section hàd the same setup. All of the Occupied cages had food and water available, and were clean. In the adoption section, located Ùl the west entrance, there is also a covered plastic receptacle with dog treats so the public can use to feed the dogs. The floors are made of concrete, and heated on the first section next to the cage door. Stairùess steel bowls for food and water is provided in each individual mn. Seventy two-automatic stainless steel feeders, with a five-pound capacity, have been recently purchased, and to be installed soon. There is also an overhead heater system, which keeps the temperature at 72 degrees Fahrenheit t)1roughout the shelter. The shelter's dog food is stored in a separated shed. Dry cat and dog kibble is stored in plastic bins. Dry dog and cat food is obtained every two weeks to avoid spoilage. Canned food is also kept in stock, and is used on a daily basis to improve palatability mixed with kibble. Food for other type of animals (rabbits, chickens, hamsters, guinea pigs, etc.) is also kept in small quantities in small containers, and bedding in the storage shed. The plastic bins used for dry food storage are cleaned, washed and dried before they are placed again in a dog run. Next to tlle quarantine section on the outside building, there is an exercise area so vohmteer and kennel workers used with the dogs kept in the facility. The floor is totally made of concrete and is well fenced. There is a separate building, which is totally enclosed, which is used for several other activities. There is a sink to wash and disinfect stainless steel bowls. Some small dogs and cats are bathed as well by volunteers in there. There are also an enclosed washing machine and dryer. A stairùess steel table is used for euthanasia. A walk in refrigerator next to this room, is used to store bodies for the animal disposal company. Pickups are made once a r~ ¿j22J? - - ATTACHMENT 1 week, and the room is cleaned and disinfected after the bodies are taken by kelmel personnel weekly. A small refrigerator is used for vaccine storage and other refrigerated biologicals. All dogs impounded receive a Distemper-Hepatitis- Parainfluenza-Parvo virus vaccine. Cats adopted receive a Rhinotracheitis- Calicivirus-Panleukopenia vaccine, and both dogs and cats that are up for adoption, get a fecal parasite exam and dewormed accordingly. Dogs impounded are scanned for any evidence of a presence of a microchip. Contract and vohmteer veterinarians who visit the shelter, have a treatment board in this multiple use room, leaving specific instructions on each patient on the schedule. There is a Euthanasia log kept on premises, and the euthanasia solution is kept in separate storage room in a locked safe. All syringes and bio-hazardous materials are placed in approved containers, and sent to the Police Dept. crime lab for proper disposal. The Chula Vista Animal Shelter also has adequate grooming supplies, and has arranged with a local grooming school to provide services for shelter for adopted animals at no cost. A daily inventory report, specifying the number of dogs and cats on premises is issued and remarks are pointed out such as if the animal is eating or is exhibiting any signs of illness. If any evidence of ill health, it is put in the quarantine section, or in an emergency, it is taken to a contract veterinarian for examination. The Dept. Of Animal Control ofChula Vista, has presently 10 employees; Six field officers, four kennel workers, two are permanent fì.lll-time, and two temporary full- time positions. Two kennel officers are scheduled at a time. For the fiscal year 1995-96 the department has licensed a total of2,290 animals. The Shelter has 17 registered unpaid volunteers, which aid in the general maintenance of the shelter. A separate section next to the kennels is provided for their use, as an office and related paperwork, and posted schedules are visible. DISCUSSION: After thoroughly inspecting the physical aspects of the facility, reviewing the written policies of the daily operations, and speaking with shelter's supervisors, field personnel, kennel attendants, office personnel and contract veterinarians, I personally feel that methods and standards of operation are adequate, and sometimes better that other city and nonprofit °'f¡;ed animal organizations. /1.2- 0 ߥ8' )- ATTACHMENT 1 There are no signs the health and welfare of the animals under their custody, or that of the employees and volunteers that work in the shelter is taken for granted. I still would like to mention a few technical aspects that should result according to other state and federal governmental agencies. The present infrastructure should be acceptable for another two to three years, UIÙess a significant increase of contract cities is added in the immediate future. RECOMMENDA nONS: 1. - Legal controlled substances, such as sodium pentobarbital solution, used for euthanasia, needed not only to be logged each time is used, but also keep a numing total per bottle, and recorded after each entry. 2. - All spray bottles are currently labeled, but in cases of disinfectants or other potential hazardous chemicals, full description of contents must clearly be written on the container itself. A book describing and listing Material Safety Data sheets should be easily available for all personnel, and reviewed and sign every six months. 3. - Keep a thermometer in the walk in refrigerator always. 4. - Written protocols on disinfection procedures on mns, equipment, refrigerator, utensils, etc. 5. - Keep a copy on premises of biohazard waste containers transported to the police laboratory. 6. - Ideally, house cats and dogs in different buildings. 7. - Increase the amount of light capacity in kennel area. Please feel free to call me about any questions you have on any of the above situations at (619) 694-2562 s;nœœ¡(1 J J. Alfonso Guaj do, MVZ, DVM Veterinary Public Health ¡1d -t(( /ß- r// { , ATTACHMENT 2 Jur.e 2, 1997 - -- De:JI Lieuten3..'1t ,,-lil.çe Becker: I have bee;; examining the animals at the Chula Visl:t ."'.njmal SheIkr t\';o times a week tor the past couple of months. The Kenrlel Stan anei Officers at the shelter have demo:!Sërateå a sincere concern for the well being of the animals a:-¡å also a solId knowledge base for identiíìcaIion of in.feCT.ious dlse:!ses. In the time that I have spent at t.fJ.e shelter, I h;lve never fourld an animal suffering unaüendèd or ex-pired in its cage. The animals have had food and w:ner anå the cages have been kept reasonably clean. Du'-:u'1g the past month, t.!-¡cre have been two ver:-: positive changes at the shelter. FirSë, Ü1e :ulimals now have elevated stanås to lie on so t.'1ey are not on the cold ceme;~t. ..J...s well as. th~ cag~s can be cleaned without getting the animal \Vel. Secondly, and most importantly, a sheet met:ll barrie, is being placed bdween the c:lges to help prevent common air borne dise~es, (i.e., Kennel COll~'1- DiStemper. etc.). These changes should dramatically cut down the prevalerlce of disease at the shelter anå make it a more suitable environment for the anÏ.,'11als. Overall, the Chula ViSëa Ani.rnal Shdter is a suitable plaœ to keep animals waiting for aåoption. Respectfi.!lly, ¡iU~ I~Ú~ Ken CptorJ, 0\"),1 ;13 - 4;L IØ r/,~ : '",""-,,,,:,: CO":c:".::: ,'oc . . - - -- - .. " .. . ".' . "" "'. ......- '- - - -.. u...... -..- - ATTACHMENT 3 July 9, 1997 Macy Teres" S<S,"," ~¡,:-o, 3:3, Main Sou, The Honorable Mayor Shirley Horton [,.,¡¡1On Gmvo. CA 9!945 City of Chula Vista (619) 4M-693~ '276 Fourch Avenue 1',,(619)460-3716 Chula'Vista, CA 91910 Dca¡ Madam Mayor: Ie h:1S been broughT TO my aUentioD tn", in the V<ry n~ac fut\1ce, you and your fellow Council members will be deciding on wheLf:ter or not :he City of Clnùa Vista should begin comrac!i.m: animal control services \\11.:'1 me CountY of SPJl Diego. I know for the p2...<:ï. -several months, the prim2...-Y issue has be::n 1he condition of your animal shdter aIle; me 1r~a¡¡¡¡em of t.\¡e a..'lim2.ls. The purpose of t.iús lecter is to let you know that on June 1 S, 199ì, Leme>n Grove's Mayor Pro Tern, Tom Cb.bby, and mysslÏ tOured yoU! shelter facility. We were very pleased to ss< improvements inst:::lì::d at me she!ter, such 2S seed barriers between kennels, heated pads. an e;;panded ke:ln£l size foe large dogs o:!1d 2.:.1imals, and a separaTe area for quaramind and sick 2...'1imals. \\:e a1",0 Witn"3sd genuine C3re for 6e a:1.irnals by Chu]a.Vista s-..aff mat inc1uded weltàre j¡¡\'entory inspections, a!1.ÍmaJ c:xarninaÜons by. a veterinarian, a.!]d vOlunteers gi\1ng ¡he 2..c'1irn2.1s their daily exercise. Chula Vista City Council and staff should be commended for ü1e improvements made at the shelter and me sincere concern for me weE bein,g of the animals. After touring your facility, we are satisfied me animals at Chula VisTa .A.lJimaJ Shelter are being card for properly and hurna.c'1e1y. ,"-1so, I wanted 1:0 assure you that me k\'e1 of services we are receiving in Lemon Grove has been exceptionê.1. When compETed to the ¡eye] of seryices WE: received fì'om me Coum}', the las, two ye:'-,s with Chula Vista have been a dra,natic jmprove:nem. The aI1.Ír::1al control of rice,s desil!nared to work iI, Lemon Grove ar: alWê.ys c.Q1J;'tee>:J.S, professional and d"dicat;d 10 their jobs. L<:mon Grove truly appreci?,tes ¡he dedication to our community by your animal control officers. ;13 -c.f3 rB- 7~3 - - ..- -.- - - _c.,..., -...' - "" .. ----- .. Mayor Shirley Horton City of Chlùa Vista July 9, 199í Page 2 In collc1usion, I am confidem the IL'limal shelter will r~m2.in in standard working conditions and that our animals wil1 be in good haD.ds under Chula Vista's custody. I surely hope our m'o cities will continue working together \vell into the next millenium. ~::Lt~ City of Lemon Grove Mayor -_. Chula Vista City Co:lncil Chula Vista Cily Manager C2.?tn Wolf, Police De?2.!'trnent ;13 ~~ /-fj -If¥- -. ..- ATTACHMENT 4 BAHIA SUR KENNEL CLUB OF CHULA VISTA, Inc. LICENSED BY AMERICAN KENNEL CLUB P.O. BOX 877 TELEPHONE CHULA VISTA, CA 92012 (619)420-8404 10 July 1997 Mayor Shirley Horton and Members of the City Council The recent adverse publicity received by the Chula Vista Animal Shelter created concern among the members of Bahia Sur Kennel Club of Chula Vista, Inc. This is a twenty three year old association of professionals, skilled experts and highly trained hobbyists wlthin the dog community, recognized and sanctioned by the American kennel Club, for the purpose of furthering and _improving the state of dogs in the human community. The concern' prompted the Board of Dlrectors of the Club to meet at the shelter on Monday 7 July for a fact finding tour of the facility. The following is a synopsis of the findings of the Bahia Sur Kennel Club Board of Directors. The current conditions we found at the shelter were exemplary, with the exception of the cat accommodations, The procedures described were comparable to, and in some cases superior, to other shelters in the county. We toured the facility after hours when no clean-up could have been done for at least two hours, and the place was spotless. It is a ~ell run facility and even our SHOW DOGS would fare well there, Since the City Council has been pushed to the point of deciding whether to continue providing local service, or abandoning a seventy year tradition and contracting with the county, we ßS a corporate citizen, expert in the care and keeping of dogs, interested and knowledgeable in the keeping of cats and other species, feel qualified in offering our collective opinion. That opinion is for the City of Chula Vista to "stay the course" and keep this part of government and community service local and personal. Our citizenry is up to the task, we feel our government is also. We further commend the City Council, The Police Department, Chief Rick Emerson, Captain Dan Wolf, Lieutenant Mike Becker and the shelter personnel for their outstanding effort and community cooperation in resolving needed capital improvements and embracing the volunteer efforts previously needed by the shelter, We feel that continued community involvement will be forthcoming /l .3 - t.ls- If? ~'5 - . ..- and accepted in spirit by the City for the betterment of the entire area. !n looking to the future, and the continuing prospects for the éle"'l ,~.f an animal shelter, it sh'Jul.i be noted that the nationwide trend of a reducing number of animals served by shelters applies her",> 3.150. This consideration in no way should diminish our regard for the need to continue to treat the animals served humanely with compassion, nor to diminish the current need to provide adequately for the cats. It is urged that the City continue to implement plans for a new cattery to fill the interim need, and to plan,construct and utilize a complete new facility. In the face of diminishing need and effective community involvement, such a new facility may well be the last ever required in our community. p:'Y. ~ C? hn Bowen, President ahia Sur Kennel Club of Chula Vista, Inc, JE: jb CC City of Imperial Beach City of Lemon Grove City of National City /13 -4~ I~ a N a - a ~ "" - aJ - I ~ì ~ 8 0 5 I ""õ "".15 e>15 "'!15 "'.15 - ;8. ~ó ~~ :;¡~ ~ri . "' 8~ ~g; g ~ ~ e ~;; ~~ ~ ~ ~ , a a 0 15. g N aJ Lt1 ~. ~ 4th Ave. E-; ~ ~ If' ~ z..-ü, 3rcadw.y :::: 15 ~ ~ ð ~ """""'" ;s:"' ~ O.~. N- "'- °. I \\ ;: E-' ~ ~ ~ ~ ;;; E-' a '" ~ N ~ """ow^, 5-1 .<; ",- ... ... ... ... , . 0: <00....0 ON "'0 E J 00 ....... "'... aJ""""" :S.c, ~ "I ~:;. ¿ ~ ;.~ ~ 6~ ~ ~I\ ~ '" "" ~ <0 ..,.... '" "0 , ~... ~ ;; ~~;; t - ~ ... 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'" r- r- <' "'-."'-....-....-. ...-. -g ~ð! ----- c ~ ... ,g ~ õ : N N...-."'-."'-. ----- .§ 2 ð ~ ~ N"'-.",,~, ~ N '" N N N U ¡;j u =- ~ ~ .i< § ~ .t uo ~ ~ ~§~~I~ ~ ~~.. ~~Gil~ ~ - ~ ~~~g~ ~ E 8 .§§ :5 <=.. <=.. ë E Z Z f- ~ ~ ~~¡::¡;;:,;:::;~ ~ ¡::;:¡r- --NNNN ~ C r-"'..,.o""C C N- . ð ~~~~~ 0 C 6 6 >-~ g, 5 5 ¿ 65 M r-~"""'M~ M r-Nr- ~ OM~r-M'" ~ £ !!59S~ Æ ~;:::;- ~ NN"NMM! -¡;¡ NMMMM -¡;¡ a "0 î ~ = 5 ,§ :<,§ <= ð ~ z """-<"""" ~ - N - e o..,.r-o",..,.;, *rftb~ ê : ~~~~~~ ~i ~§~ ~i MM"""'~~ ~ ~~~ J > ~~~~~Ñ ~> $> 6 ~ .g f::.g ~.;~ J;¡ ¡; a "" ¡:: "" z "" c ~, "0 ~ U ~u ;uo ~ ~ ê §888~~ $ ~ ~§§g~~ ~ ~~ [) "';¡;:',NN1?,¡?':: <.:I :""'NN¡;:',¡?' ~ E~ ~ A,3-<.{.Q 3 :S "" E 'ë~ Õ /' I ~ ~h~ ~ ¡;; ~h ~ ~ 10 ~v. ~ ~ - - . - ~ :3 c !5,~~,,3'~ < t ~ 8 ð õ M CRCY CRUSAOf;, INC, ANIMAL 'WÇLi=ARÇORGANIZATION July 11.1997 Letters to the Editor San Diego Union-Tribune P. Ö, Bo~ 191 . San DieZo, CA 92112-4104 RE: Chula Vista A!Ùrrull Shelter Adequate County Vet Reports by KaL1ujln Ba!int July 8, 1997 The county veœrinarian ref"ITed to in this article is Dr, J: ,ðJfonso Gunjardo n pathologis< Wiü1lhe County's Deparlment of Agriculture, Weights and Measures. One of their functions is to protect the public health from diseased and dead Ill1imals such as a suspected rabid animaI. Why this depar..-nent was called upon by Chula Vista Mirna! Control is a mystery. This is the FIRST TIME such a request has ev~ been made by an animal shelter. This is NOT their field of expertise A$ a county employee it is incredulous that Dr. Guajardo did this inspection with the approval of his supervisor without talking to Mr, Hector Cazares, Director of County Anima.l Control or the County Supervisors. According to Dr. Guajardo. he was not aware that Chula Vista and the County were cum:nùy negotiating regarå.i.ng animal control services, If he know he "would not have done the inspection." This issue has been i¡¡ the Sar¡ Diego Union-Tribune for the p~t four months, all reporting done by Kathryn Balj¡¡t. A quote from Dr. Guajardo's report "I personally feel that methods ar¡d standards of operation are adequate. and in some cases better than other city and no¡¡-profit owned anim.cl sheJrers." What shelters is he referring to? Was this at someone's request, in what capacity and what were his credentials?"1 personally" implies a private opinion, so why was his report done on County stationery? Why was it ad~ssd "TO \VHOM IT M.A.. Y CONCERN"? . Dr. Guajardo worked for the County Department of Animal Control as a field officer. he worlced at the South County Shelter. He had only high praise for the deparnnent. "San Diego's CoUnty Animal Control is one of L1)e most efficient and professional in the State." The Departme:¡t has re:;eiv~ several prestigious awards for their outstanding accomplishments, ;A 3 -57) 619-278-1745/ P.O. 8ox 17784/ SAN DIEGO, CALIFORNIA 92177 "..y<led ~ p,.., HI 310 Mf;RCY CRUSADf;, INC. ANIMAL "WÇL+=ARÇORGANIZATION - 2 - The Chula Vista Shelter has had the dubious distinction of being tbe harshest and most run down of all city shelters. For the past dozen years it has been rapidly deteriorating with little or no repairs being made. The . city grew rapidly, the shelter remained the same. mired in a state of despair and disrepair. There was always the proITÚse that a new shelter was to be built. In February of 1996, the complaints and horror stories came to light. All letters and documents were giyen to the San Diego Humane Society and SPCA. An inyestigation was started. Chula Vista was told to start making immediate changes for the welfare of the animals in the shelter. Very little was done for eight months. The Humane Society went back to the shelter and put a scathing 26 page report together. Changes are being made, but they are woefully inadequaœ. One thing is fIXed and another breaks down. because of all the years of neglect. Heavy tar¡:>s act as walls, Dr. Guajardo remarJœd in his report that ..this is a good method." On cold, windy, rainy days, the tarps are not suitable. How would Dr. Guajardo like to live in a house with tar¡:>s as protection and insulation? Tne Chula Vista Shelter has had no availabk records for several years. This includes Chula Vista and the contracting cities. Lemon Grove, Imperial Beach and National City, Did Dr. Guajardo question this? How could he possibiy k.ìOw the fate of thousands of animals without this information? Since the Chula Vista Shelter knew that Dr. Guajardo wås' coming. there was pIe my' of time to a.rrange things and put the shelter in order. '. Since the Department of AgricultUre. Weights and Measures has never inspected an animal shelter before. what can they compare it to? This is not part of their job, their expertise is in other areas. Because of this I put very little merit in Dr. Guajardo's report. ~'v\.\~:1) \~~'(¡\: Toni DiMaggio, Director Mercy Crusade - Animal Welfare 4328 M!. Putman, San Diego CA 92117 (619) 5ò5-7960 ,A 3 -~ I 619-278-1745/ P.O. Box 17784/ SAN DIEGO, CALIFORNIA 92.177 R.",I.d ~ P'r" /ø,.s, , 63 Ic\e-ces; J-,'.t ::'.5: L,ge'.'""",cL Co'",',oo SO112-5i 17 303'792-9900 ,,-, 303.'792-5333 July 9, 199ï The Honorable Shirley Honon 2ï6 4¡h Avenue Chula Vista. CA 91910 Your Honor: The American Humane AssociaÜon (AHA), this country's oldest and largest humane federarion, conducted a shelter evaluation of ¡he Chula Vista Animal Shelter on July 8 and 9, 199ï. We found ¡he animal shelter ro be clean and organized, however, ¡he physical pI am has reached ¡he end of its service life, The AHA strongly recommends ¡hat a new animal shelter be consm.lcted ro replace ¡he current facility. While ¡here has been criticism of shelter operations and staff procedures in ¡he media recemly, AHA found instead a caring. professional a:¡d humane staff who showed compassion and willingness ro make changes ro improve services and operations, While the operarion is nor perfect, i¡ can and should be able ro humanely a:¡d responsibly serve both the animals a:¡d the Chula Vista cons¡imems well until a new shelter can be constructed, AHA cannot recommend that the Ciry of Chula Vista contract with the County for animal housing services since ¡hat shelrer voluntarily releases animals ro laborarory research, AHA is unalrerably opposed to shelters ¡hat voluntarily release animals to research. American Humane Associa¡ion is oprimisric that the Chula Vista Animal Shelter can maintain humane services for animals, continue its fine field services and operations, and construct a new animal shelter for ¡he citizens for Chula Vista within the next 18 to 24 months, AHA is funhermore willing ¡o help, guide, or advise ¡he City in any way appropriate during ¡his rime of improving services on behalf of ¡he animals and public of Chula Vista. Sincerely. '-,:,.:..:'- -,::':'~.\;:'i'~~l:'~ Nicholas Gilman Direcror of Field Services American Humane Association NG:sm /I .8 -$':.2- Prorec:ing Childre, and ,-'-,nime.!s Since 1877 #~ fi?- RESOLUTION NO. /3'73/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RETAINING SHELTER AND ANIMAL SERVICES WHEREAS, recent inspections by the County veterinarian and the Þ~erican Humane Association has determined that the present condition of the Chula vista Animal Shelter meets standards with the exception of the need to construct a cattery; and WHEREAS, staff is recommending construction of a wall in the existing Shelter which will accommodate a separate area for cats to comply with County Code 62.645.12(d)¡ and wnEREAS, both the County veterinarian and the American Humane Association have concluded that the present infrastructure at the Shelter is acceptable for another two to three years; and WHEREÞ.S, additional staffing at the Shelter has enhanced Shelter services; and wnEREÞ.S, a new Þ.nimal Shelter is proposed to be constructed within fourteen months¡ and wnEREÞ.S, the city is a more cost effective alternative than contracting with the county of San Diego; and WHEREAS, the city provides a higher level of field services and comparable level of shelter services to the county of San Diego. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby retain providing full Animal control Services. Presented by Approved as to form by Richard P. Emerson, Chief of John M. Kaheny, city Attorney Police C:lcslshelter /I J -53 'ftB/l-j RESOLUTION NO. ¡I¿r~7I}? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $2,500 FROM ANIMAL SHELTER DONATIONS AND $2,300 UNCLAIMED CASH BOND FUNDS FOR CONSTRUCTION OF A CATTERY wnEREAS, County Code 62.645.12{d) requires cats to be housed in a separate primary enclosure from the dogs¡ and wnEREAS, staff is recommending construction of a wall in the existing Shelter which will accommodate a separate area for cats¡ and WHEREAS, the estimated cost of $4,800 includes a separate room for cats, electrical lighting upgrades, heating and ventilation; and WHEREAS, construction can be completed within 30 days. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby appropriate $2,500 from Imimal Shelter donations and $2,300 from unclaimed cash bond funds for construction of a cattery. Presented by Approved as to form by ~ -yv{ Á~~ 'rt~ Richard P. Emerson, Chief of John M. Kaheny, City torñey Police c:\rs\cattery )13 -~~ -1-88 / I RESOLUTION NO. /Y73;¿ - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $97,396 FOR STAFFING FROM UNANTICPATED SALARLY SAVINGS AND AMENDING THE FY 97-98 BUDGET TO ADD ONE KENNEL ATTENDANT ($31,624) HOURLY WAGES FOR OFFICE HELP AT THE ADMINISTRATIVE OFFICE ASSISTANT 1 LEVEL ($30,072) AND PROFESSIONAL SERVICES FUNDS ($35,700) FOR A PART-TIME VETERINARIAN AND REGISTERED VETERINARIAN TECHNICIAN WHEREAS, at its May 20, 1997 meeting, Council authorized Police staff to fill on a part-time basis for 45 days additional staffing to be added to the Animal Shelter kennel and office in addition to a part-time veterinarian and registered veterinarian technician; and WHEREAS, a total of four positions were authorized to be filled and $12,000 was appropriated for this purpose; and WHEREAS, since Council's action on May 20, staff has hired the additional kennel attendant and office staff and the part-time veterinarian which has enhanced the Shelter's services¡ and WHEREAS, additionally the enhanced staffing will allow for expanded Saturday hours at the Shelter. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby transfer $97,396 for staffing from unanticipated salary savings and amending the FY 97-98 budget to add one Kennel Attendant ($31,624), hourly wages for office help at the Administrative Office Assistant I level ($30,072) and Professional Services Funds ($35,700) for a part-time veterinarian and Registered veterinarian Technician. Presented by Approved as to form by Richard P. Emerson, Chief of John M. Kaheny, city Attorney Police c, \rs\cattery /I 3 -SS- }f{C / / RESOLUTION NO. /2"733 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO PROCEED WITH THE SITING, DESIGN AND CONSTRUCTION OF A NEW ANIMAL SHELTER AND APPROPRIATING $95,000 FROM DEVELOPMENT IMPACT FEES (DIF) FOR CONCEPTUAL DESIGN SERVICES AND FINJI.L ARCHITECTURAL DRJI.WINGS WHEREAS, in an attempt to fast track the construction of a new shelter, staff is proposing to pursue a design-build process which would involve a combined bid process for a construction firm and a subcontracted architect; and WHEREJI.S, the total estimated construction time is fourteen months until project completion; and WHEREAS, if a decision is made to move ahead with facility construction, staff has already been in contact with several design professionals who have worked on other area animal shelters; and WHEREJI.S, conceptual design services is estimated to be from $8,500 to $25,000 and final architectural drawings are estimated to cost an additional $70,000; and WHEREJI.S, staff would circulate an RFP for design; and WHEREJI.S, the Public Facilities DIF was established in ~989 and the city has been collecting monies since that time for various public facilities and includes approximately $727,000 for the animal shelter and kennels, with associated costs for land, parking lots, design, equipment and contingencies bring the total amount funded to approximately $~.7 million. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby direct staff to proceed with the siting, design and construction of a new Animal Shelter and appropriating $95,000 from Development Impact Fees (DIF) for conceptual design services and final architectural drawings. Presented by Approved as to form by ~~~CJ j 'rlh Richard P. Emerson, Chief of John M. Kaheny, city Attorney Police C:\rs\cattery /I ~ - ~--r;, -If/!) / I - . . - COUNTY OF SAN DIEGO INDEX OF HANDOUTS TO CHULA VISTA CITY COUNCIL JULY 15, 1997 Points of Issue with City Staff Report General Information Charts - Animal Control Service Providers within the San Diego Region Animal Control Costs for Cities Contracting with the Cqunty I , Animal Control Costs for Cities Contracting with Chula Vista Shelter Animals Used for Medical Research City Contracts which Preclude Use of Shelter Animals for Medical Research Animals to Research Fact Sheet State Statutory Provisions re: Rabies Clinics. /I ..3 -57 MAJOR POINTS OF ISSUE WITH THE CITY STAFF REPORT REVENUES . City staff claim the County's revenue estimates are "overly optimistic". On the other hand, they acknowledge that City revenues are artificially suppressed in a failed attempt to encourage dog licensing. Our projection of $260,321 - never revealed in the City staff report - is not vastly dissimilar to the City staff projection of $221,055 under a revised fee structure (Table M page 32 without contract revenue). City staff imply our revenue projections cannot be trusted because the City of San Diego's recent projections have been overly optimistic. This is unfair - San Diego's projections included pilot revenue generation programs that were not as successful as hoped. We base estimates for Chula Vista only on our experience with established programs. Time-limited grant revenues are used to lower the City's apparent costs. This is misleading - to maintain the same level of service, the City must replace this funding when the grant expires (page 22 implies the grant is for one year, but the information is so vague that it is not possible to be certain of the timeline). Net revenue from contract cities is used in the cost comparisons. The Imperial Beach City Manager recommends switching to the County for animal control services. City staffs report gives insufficient information to suggest how much this will raise the City's net costs. On the other hand, the staff report faults the county proposal for failing to include potential litigation costs associated with the Lemon Grove contract. City staff downplay the fiscal impact of the new facility because funding would be from the PFDIF. This is disingenuous - remember, any PFDIF money spent on a new shelter is not available for corporate yards, fire stations, libraries, parks, and other needs. COSTS . Animal control is a regional issue - dogs do not recognize city lines, rabies does not stop at your city boundary or the international border for that matter.. The County is promoting an effective regional system of animal control. We do not "maximize profits" (page 4). All of our partner jurisdictions share in the benefits, and economies of scale, of our regional program. City staff make much of the County's inability to guarantee future year costs. Yet City staff offer no projections of future year costs for their program. /! 3 -~-![ - . . - . A false picture is presented of the County contract cost to the City. The contracts offered by the County are for fixed net costs each year - gross costs less estimated revenues - not the gross costs shown in the report. Using this "net" cost formula, the first year costs for county service to the City are: .. Full Service ............................. $203,365 .. Shelter Only............................. $205,610 .. Patrol Only ............................. $197,716 " LicensingOnly.......................... <$164,604> . No details are included on the City's operating costs. Are support costs like Police Department oversight, personnel and payroll, utilities, etc. included? Automation cost is briefly discussed (page 16), but appears to be missing from the total costs. These hidden costs raise the true cost of the City's program. The County's proposals include all costs. . The cost for Shelter Service Only will not "fluctuate based on the actual number of impounds" (page 28). Our proposals are for fixed costs each year. The total impounds are used to set future year's costs, but would not affect the current year cost. City staff proposes to amortize the cost of the new shelter over 50 years. This is a very optimistic life-span for this type of facility; the current city shelter needs replacement after only 20 years. SERVICE PROVISION . City staff claim they have addressed the issues raised by the Humane Society, but this hasn't been verified by the Humane Society. Rather, City staff went shopping for a more positive report from the County Veterinarian and the American Humane Association (no relation to the San Diego Humane Society). Much of the recent improvements in the City shelter have been through the efforts of volunteers concerned over the conditions reported in the Humane Society's report and the press. Volunteers are a very important component to the provision of community services such as animal control. However, it is not prudent to use volunteers to supplant ongoing, permanent staff. Volunteers should supplement staff functions with enhanced, "nice to have" but not essential functions. . Our response times will not worsen if the City is added (pages 29 and 35). Our recent times are worse than they should be because of our staffing shortages. We are correcting these shortages this year. If the City is added, we anticipate adding another three additional patrol officers to insure this improvement continues. The County's proposals are for existing proven programs.. While we are proud of our efforts to fine- tune and improve these services, they are not based on crisis-driven efforts to throw together a program: .. The County has always had sufficient shelter staffing on Saturdays. .. The County was a leader in establishing a regional micro-chip implant effort. 1/ 3 -~"1 .. The County has an existing program requiring veterinarians to report rabies vaccination information. .. The County has existing programs to encourage adoption and responsible pet ownership - Walk With The Animals, Weekend Adoption Events, school presentations, etc. - City staff are "hoping to work with PETS to develop creative programs' (page 4). ,A3-Ce>O SAN DIEGO COUNTY ANIMAL CONTROL SERVICE PROVIDERS Carlsbad County of San Diego County of San Diego Chula Vista Chula Vista Chula Vista Coronado Coronado Coronado Del Mar County of San Diego County of San Diego El Cajon El Cajon El Cajon Encinitas County of San Diego County of San Diego Escondido RFP this month RFP this month Imperial Beach Chula Vista Chula Vista La Mesa El Cajon By contract with Chula Vistsa employees Lemon Grove Chula Vista Chula Vista National City Chula Vista National City Oceanside North County Humane Society North County Humane Society Poway County of ~an Diego County of San Diego San Diego County of San Diego County of San Diego San Marcos County of San Diego County of San Diego Santee County of San Diego County of San Diego Solana Beach County of San Diego County of San Diego Vista North County Humane Society North County Humane Society County of San Diego County of San Diego County of San Diego ~3-t.e. ( ~ :;: ~ ~ ~ g ~ g Ef> ;¡ "" Ef> <f7 <f7 Ef> <f7 ID ID (!) (!) ID ID (!) ID 0 0 0 0 0 0 0 0 .~ .~ .~ .~ .~ .~ ¡;: .~ (!) ID ID ID ID (!) (!) (!) (j) (j) (j) (j) (j) (j) (j) (j) - - - - - - - - :; :; :; :; :; :; :; :; u.. u.. u.. u.. u.. u.. u.. u.. :r: t:0 cn5<J f- l.!.J cn<J- OZo U¡::Z -!U< O<cn ><:-!::C"1'<1"NCD ~~l.!... aNaool!)a f- f- 0 ..... ..¡ C"1 ..... (¡) C"1- ZZ ÔNcD"':"¡1'- 00>- '<1"><:-_1'-00.....00 U f- <f7 ..... <f7 <f7 <f7 ~ U Z <f7 -!cn:J <!!:!O ~t:U ZUl.!.J <~:r: Of- l.!... a a a a a a g a a a a °oaa -I!) a I!) 00 o.....o)C"1 0)0) NI!) - ro - cD ~ I'- ~ ..¡ M a ~ I!) I!) ><:- ~ ><:- ~ ..... ~ 0 OJ ID i:5 .r:. c: 0 ro '" ro (j) "0 '" g, ~ ~ õ ~ m ~ >..o!l< ~ p- ro è ¿():;)-t:.d-- '" 2 .S ro ~~. ~ c: /' ~ ~ - 0 3 c: c: c: - ~ ro (!) c: 0 ro ro ro 0 0 U 0 W ~ (j) (j) (j) (j) U 00 ~ ~ ~ ~ ~ ::= E- u¡t:-< >, ¡... :::::: E- 1J 1J - U¡e) ~ .~ .~ <5 0 z >- cu cu ~ u..... CIJ CIJ .=: ,E--<i - '§ ~ õ u S ¡:.. ¡:.. 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E .¡:: ~ Ð .§ .3 Z 'g /?:3 ~3 'õ'õ'õ'õõ þ þ þ ÞZ uuuu* SAN DIEGO COUNTY A}IT~CONTROLCONTRACTLANGUAGE PRECLUDING USE OF POUND ANIMALS FOR MEDICAL RESEARCH Carlsbad County of San Diego YES Del Mar County of San Diego YES Encirútas County of San Diego YES Poway County of San Diego YES San Diego County of San Diego NO San Marcos County of San Diego YES Santee County 0 f San Diego I YES Solana Beach County of San Diego YES County of San Diego County of San Diego NO /l3-~J- ANIMALS TO RESEARCH FACT SHEET Recent Data Fiscal Year Dogs Cats 1991-92 226 6 1992-93 243 0 1993-94 159 0 1994-95 84 0 1995-96 65 0 1996-97 64 0 Contract Cities which Preclude Animals to Research Carlsbad San Marcos Del Mar Solana Beach Encinitas Poway Santee Proposed Contract Language Precluding Animals to Research "The County agrees to continue its existing practice of not providing animals originating in City to UCSD or any other facility for research purposes and agrees to give City sixty (60) days written advance notice of any change in that practice. At an annual review, the City Manager shall determine that there has been no change in County Animal Control policy that would result in the sale to the University of California at San Diego (UCSD) or any other facility for research purposes of animals picked up or originating within City limits." /l3-bS- - - ..- Rabies Areas Licensing, Vaccination Regulations. (H- & S. 121690.) In rabies areas, all of the following shall apply: I (a) Every dog owner, after his or her dog anains the age of four months, shan no less than once every two years secure a license for the dog as provided by ordinance of the responsible city, city and county, or county- License fees shall I be fixed by the responsible city, city and county, or county, at an amount not to exceed limitations otherwise prescribed by state law or city, city and county, or county chaner. (b) Every dog owner, after his or her dog attains the age of four months, shall, at intervals of time nOt more often than once a year, as may be prescnòed by the department, procure its vaccination-by a licensed veterinarian with a canine I antirabies vaccine approved by, and in a manner prescribed by the deparnnent. (c) All dogs under four months of age shall be confined to the premises of, or kept under physical restraint by, the owner. keeper, or harborer. Nothing in this chapter and Section 120435 shall be Cúnstrued to prevent the sale or tra.TlSpor...ation of a puppy four months old or younger. (d) Any dog in violation of this chapter and any additional provisions that may be prescribed by any local governing body, shall be impounded, as provided by local ordinance. (e) It shall be the duty of the governing body of each city, city and county, or county to maintain or provide for the maintenance of a pound system and a rabies control prOgr2..rn for the purpose of C3n)'ing out and enforcing this sccrion. (f) It shan be the responsibility of each city, COU!1ty, or city and county to provide dog vaccination clinics, or to ar7arl e for do" vaccination at clinics ! operated by veterinary groups or associatIons, held at strategic ocatlons i throu hout each ci ,city and county, or county. Tne vaccination and licensing ¡ procedures may e com ine as a smg e operc.tlon in the clinics. No charge in excess of the actual cost shall be made for anyone vaccination at a clinic. No owner of a dog shall be required to ha¥e his or her dog vaccinated at a public clinic if the owner elects to have the d?g vaccinated by a licensed veterinarian of the ov,ner's choice. ¡ All public clinics shall be required to operc.te under antiseptic immWlization conditions comparable to those used in the vaccination of human beings. (g) In addition to the authority provided in subdivision (a), the ordinance of the responsible city, city and county, or county may provide for the issuance of a license for a period not to exceed three years for dogs that have attained the age of 12 months or older and have been vacci.¡¡ated against rc.bi~. The person to whom the license is issued pursuant to this subdivision may choose a license period as established by the governing body of up to one, two, or three years. However, when issuing a license pursuant to this subdivision, the license period shall not extend beyond t~e remaining period of validity for the current rc.bies vaccination. A do~ owner who complies with this subdivision shall be deemed to have co!\<1,li'."c\ with the requirements of subdivision (a). (Er¡;,';ted 1957, amended 1995.) - /13-bc' - ---- - -- -- ~ .BUILI)IN ASSO SAN. DIE = Grœnw\c!tDri\/e, SuíløA ~DI...;o,CI.~122~994 (619)450-1221 FAX No. (519)552-1445 Jnly 15, 1997 FRESiOEN'i Chri,. J..Ch~mb<!n Con~~taJ t-'.anes VICE ffiES1DENT. 'Counci Mark McMillin . Mcl.4iDin Ccmpsnles TREA$UFiEF', BE; Agenda tlic:' Pattinson Eðrmtt American SECRETARY Colin s..!d Côlñlch Communities, Inc, EXE-::uTiVE Via; PRESiDENT Paul A.. Tryon for the use of these :fimds clearly descri~ the need on the part of Caitomu i;u1ding nexus between the PI!' and its use. 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'-~-"'~,-,-,~ ""0", CI::2 ~ ~ g: ~í t j¡ '13 ¡'j -g '[3 ê.,g ê .:.:: h ~ ~ -= 'F' i ::'~ ç-= ~ ¡rs ~ : ~ t ~ õ'. ~ ~ ...:,¿ C). 0 ~. ,,~-==,= "'>.:;","'~"'=E-=",~,~Oo:::"""'¡;-""üou._"-",-s;~~,,,.= ..--! I ~. ~ ~ ~] ~ 13 f~ .5 ~ ~ ~'~ Jj ~ ~ ,~~ ~.~ ~ ê ê i 1 ~ ; ~ -š ~ ~ i~~ ~:g ~ ~ ~; C) 00. oJlll'lSl ,¡¡:::",>-.:::<",. .:="" .-'-",u<,-=.=:¡¡u~-:::""=,,:;:!!:!:;;-:¡¡=-ü::::,,,-.: d - ~ l!5i ê5i .:;:. 1:::8~ ~:s~ ~;;;::E~-8~8n~:§ ~l!-[.g~'"Ø2 H ~ '=""""";;;>-":"0-'= >-"" .".,',.,., ".-.",-~-."". 0 æ ~~mmnm~m mmw mm umn ~, ~ ~ ~~O"'==~""'_U,:;¡5'",;; "0-",==,,,,-....3 ¡¡'¡;;",'-="'t o"S,,>;;. þ- ¡~ ~ mmm.~mHJ!~m¡m~imHlI~jmt ~. ~ ~ c-;:-"-É>_J;¡"...,5-"""0,, O'¡:","'.E::-o,""""¡: ,,- ... ""'~ "'ü,",""" ü ,8 g :~~:~~~~~~~;~n~;:m~~¡~~~~~:~:;;i!~;~¡:'~; 8;Z:S¡ 0 u-g;8,~:='ë. u::::""o;.::-¡<.3",.!!2= ::¡>-" "'--=:~-"',= ~:::"';:. ~- ~ "~'~~'=ê:1 g~¡¡:S,=-;~ F~~-;,:g £"ô~ ~~'§"'uê1i ¿5~ -: Ì""""Í. "d 1'", F=;..",S_-U-"'>-"";:'>-,"""",O:¡""':"--Üë"'=--~"';"~- F "'-' '"" ~~:~~~ ,q~~~'~~ ~'2~E.g'~~ ~~'z ~~.E::-~~J ~ ~~'ê E ~ F"I ~ I t.=".=-=u u::=¡;;},~¡;",.-=c;:;¿= uë.= :=.;';;;0 ..!:~ ~o..::" ~ ~ '~ illmj~lJi!im~m!]fJ!Mm!l!lm~j ~ /13 ~5J - . ~L, § ~ II;' ¡II ~.;;'ž ~~; ';:';Cv,::,~~:;"~e'e:;',~:"" --~ -~ --- ~- ~--'-~ð '--'"-"-'..L>-.I lJoaswdvafterthe'96 t Chill V' t A' 1 Sh It :e!cetlleDoleCamp~ign a a IS a TIlma e er ~ ,t..an five party factJons, . mbee which his candidate ' ':cces~ - had sought to ' . agist of: By Lauren loniaux connected), it was not surprising to find: :s, who are interested A nimal abuse: No one likes to read or this lack of direction for everyday proce- 7- \ 19 cuts and a balanced hear about it, and yet it occurs all dures aswell. , ., ~ , . too often in San Diego éounty. The The discl~sures ma.de m the ~oclety s : s, f?r wnom tax reductlOn San Diego Humane Society and S.P.C.A. repo.rt are dishearternng?n theU" own ; tee ¡ssues.. " investigates over 2,100 cases of abuse ment, but yet another.tWlst has occurred z: )nceroed, mamly WIth op- each year. Most of these are in homes or to ~ull even more tens\On on those h.eart- '~ md gay nghts, and who privately run businesses, but more recent- stnngs. ,Remember, Chula VlSt~ Animal,: ; /~e. . ,". . . ly,agovernmerit-runshelterhascomeun- '"S~elter1s~g?vernment-runfacllity-,-- ,~' ,I 'Ul1sts,tae~etmgcnme". der fU"e, facing severe charges of animal ,cltyrun-,W1thMayorHorton~tthe. ., il matJveactlon. ',' ne~ler'andabuse. ' ' helm.Whilemost:'fouldexpectunmediate.. I favor'i',g abortion rights "'" , ¡ioñ~wing a lengthy invéstigation, the . atte7tion, conc~rn an~ action toward cor:-=: , ~dy, . ';' ,Humane Society has substantialed com: rectJng ":,d/or 1mpro,",:,g ~e South. Bay. i 'De this buncn should ad- . plaints against the Chula Vista Animal S~elter, Just Ih,e oPP.oslte IS happen;ng, '::, ( tamer. '.' Shelter in a,26-page report, provided to WIt:!' irresponsIble dlsre¡;ard and de.ay~. ,....:. ,.. J' : ChulaVistaMayorShirley'Horton,City Atltsmost,recentm~etingo?M~y20,the,~_, i ~ ' C,~ci1m.mb<" md W,."""""'"". ,C""Como?' .,w "",",wm,,"""" :. u,~~ ',.. 'i,' ThisreriortäetailsmaÌlyarea"ofCOrièern::,-;,_another>4.~.,da~s~o.rey¡~wthe."pt\Onsno.w.: .' ",: . y:: ~~;i~~;~~ïf::::"~( ;::..');.~#~{..1;:'i=¡¡':'\ i ' . ' arumal control semces not only for Chula more repo,:ts. .. ,i, . -". ~ , .,;; , ~ . Vista, but for Lemon Grove, National City. T,he SOCIety IS deeply botherd by the ':~ i - -:";"':. and Imperial Beach as well. '~" .clo/sappar~ntlac~ofconcernandcom- .:' , ',' H~o"ffi=u. ""'oIwd œcti- =œw"o_.ili.~cl""",, ^"". ""'-. . :. ' k" fled to educate animal owners and care. 20 me~tmg, It wa~ clear, t.1':t the mam 1m-. ~7 , takers on proper animal care, veterinary ped}m~nt pr~vent;ng betce. care for the - :: '" ne~ds and state laws that protect the wel- suffenng arumals IS ~ayor Horto~., ; ;fiE, ,~, ' fare of helpless animals, ,\ ," Mayor In opposition , . , . Formon~s,theSanD.iegoHumane~o- Formorethanayear,~ortonhasre- .:,::\ ,: . clet¡' has tfled t~ ~ork WIth. the Chula VIS- fused to accept the seve::1ty of the prevail- ~: '\ ta snelter's admirustrator~ m the hopes of ing conditions, publicly stating he: denial',: i S proYI?!ng lo~g-term solutions to ever- and attacking the credibility'of the Hu-" \ ;" grow;ug pr?olems. T~ese problems ar~ " mane Sodety.'Duririg questioning of Soci-~:. ¡ i oo"m,. =d"",,~, ""' = mw",'o "",WI." """" clott""""'" 00 := ! :, .. .. ' ' III nature ::nd are mtensified by a lack of real understanding of the role of the San: -, I nd fe:nllw~t movem~nts. proper gwdance. ". ",' Diego Humane Society in this county. Un-::- \ ,:s to politICS, Mo~aJer Besides the obvious Ileed for facility. fortunately, the city's inaction and lack of, ~ . :' oethinks she registered modifications and improvements, the 50- . résponsibilitynot onlý affectpeople, they'" : has ~e'le, cast a ballot. ciety has found prevailing problems in pol. ' . ' weigh heaviest on the animals. ','~: I :ohaJe,: IS. not representa- ides and pr.ocedur~s. A1mostsym~olic, ' , :Initia}1y, the S<:ciet>,:was putting all its .: ,( ion. Snels represe:!tatlve there are no extenor walls or bamers, 'effo~ mto working WIth Chula VISta staff,' '1 il make~p. : . protecting thè'animals, and <it the same to !nudITy the pretent facility and improve: i. at really g~ts under my time, there are no concrete policies, pro- working conditions. Recommendation for ~ :' e:!~rat!O?al stuff: the cedures or priorities for staff to follow in improvements aÌe listed in the 26-page '" ar m wÌllch you yrereborn the daily Care of those animals. report, and the Humane Society has pro-, -- :n ~ou~ level of mtelli- A simple daily cleaning becomes a vided te,:hni~ eXperti~e on site as well. :: ': .re"tlV1ry. Sure each gen- nightmare when kerulel attendants hose Everything from vetennary care to volun-. V!l cultural refere~ces and through the kennels, drenching the ani- te~r coordination has been covered with :: '" ,:o!1ectlve expenences, mals and their towels, if they have any. regard to policy-setting and everyday pro-;; . ,t ocomers and Gen Xers Fe""l matte: is hosed haphazardly as well, cedures.!, ' :,: ? con;mon than ~ot. And often landing in the drinking bowls. Chula Vista Anima! Shelter administra. ,~, ~a~: :~:ommon IS that we There are no surrounding walls, only tors also have be~n making positive :::y ~erent leople. tarps. So, if the animals' get wet and a cool strides. Efforts have been mad¿ to fIX broC': . 'h":~ _o:"~. 0 us Sare f bre~ze comes along, they can get chilled, ken heaters and erect some barriers be- ',', \ : ~; ~:~~~l~:~. Iv°,:n~~t which might make them more susceptible ~we~n kennels, and new methods ~e be- :: ¡ ~us den't :ve ~~hit. to d.isease. Disease can the:! spread n;ost mg us:d fo: proper care and clearung. ., \ , g¡ -' ge:!e easily as there are no protective bamers While this does appear somewhat prom-. I f.o 1 ny me::1Ders or mv . r- be k 1 .,. all B d Aid i3 :0 perpetuate the myth tween e:me s. ' lsmg, It a~tu y se.rves as a an - , ", : ~ tantively different from Records missing temporarily coveTIng a sor~ that may nev-, !J .- :ia!1v for a profit. Novelist ., e: hea1..Most of the prev~iling problem~ ~ ¡ I-'.. 11 th y t Consldenng the fact that there are no did not Just happen ovenught. Add to this ~ ~ ~~~~:n~ea mak~~:x- 0 retrievable records (administrators cIau,u ,the. Çity Council'~ ,:onside~ation of a new : ~ :ration io corporate exec- all was lost when a computer cord was disc . ~acili:y at $1.7 million. While c~n~truct1Dn ) tS estimated at take two years, tt IS very . )u say, guys? Do we have a likely that it c?ul~ go on for thre~ or four', . JOi'tIAUX is interim executive director of the years, ne.cesslta?ng more money, and 'n.. -"""",tion San Diego ,"umane Society, once¡,agam, c~usmg unnec~ssarf delays ,-_. --" fn-t~"n,m?'