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RTC#03-122

April 8, 2003

SUBJECT:

AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SILICON VALLEY ANIMAL CONTROL AUTHORITY REQUIRING MEMBER AGENCIES TO APPROVE INCREASED BUDGET AMOUNTS BEFORE BOARD TAKES FINAL ACTION

REPORT IN BRIEF

At its regularly scheduled meeting on March 24th the Board of Directors of the Silicon Valley Animal Control Authority (SVACA) approved a motion to add language to Section 6.1 of its Joint Exercise of Powers Agreement executed by the Member Agencies in June and July of 2000 (hereafter "Agreement" or "JPA"). The specific language in the amendment states that Member Agencies must "obtain approval of their allocated proportional share of the budget prior to the Authority Board’s approval of the fiscal year budget or any proportional shares during the course of the fiscal year." This means that the SVACA Directors representing the participating cities in SVACA must get approval from their respective City Councils for any new budget proposal, whether it is at the beginning of a fiscal year or any time during the fiscal year where such proposal results in a budget increase.

Although the Sunnyvale City Council voted to withdraw from the Silicon Valley Animal Control Authority (SVACA) at its March 25th meeting, the City remains an active and participating SVACA Member Agency until the effective date of its withdrawal on June 30, 2003. City Council members Fowler and Risch represent the City of Sunnyvale on the SVACA Board.

Staff agrees with the proposed amendment and recommends its approval.

BACKGROUND

Due to the ongoing concern regarding revenues and costs for member cities, SVACA Board members have become increasingly sensitive regarding fiscal matters. An additional concern is that an objection by the city council of a SVACA city concerning allocated costs approved by the SVACA Board could cause a delay in the JPA stipulated budget development timetable while it is being revised.

Lastly, Sunnyvale’s withdrawal has caused the SVACA Board of Directors to focus on the Authority’s Joint Powers Agreement. This amendment is the first of several modifications that will take place as the remaining six cities refine their working relationship, craft a document that reflects the dynamics of a six-city configuration and refine language inconsistencies in the original Agreement.

EXISTING POLICY

Program Outcome Statement: Control animal disease and vicious animals, minimize animal nuisances, and promote the humane treatment of animals.

SDP 45301: Contribute to public health and safety as related to animal control issues concerning vicious, injured, and stray animals.

SDP 45302: Enhance public awareness and safety on animal control issues, decrease animal control calls for service and ensure that City, State and Federal animal control guidelines are met.

DISCUSSION

The SVACA Board of Directors held a regularly scheduled meeting on March 24, 2003. During the meeting Member Agencies discussed a concern about the ability to move a budget proposal through the SVACA review and approval process without delay, if the City Council of a Member Agency objects to its share of an increased allocated cost. At the conclusion of a discussion regarding this issue a motion was approved calling for a change in the Joint Powers Agreement regarding SVACA’s budget approval and modification processes. It was concluded that wider discussions of financial obligations should involve the member City Councils. As a result, a proposed amendment to the JPA was approved unanimously by the SVACA Board of Directors.

Member Agencies are being asked to amend Section 6.1 of the Agreement by inserting the following language as a second paragraph in that Section:

"Each Member Agency shall approve the contribution of its allocated proportional share of the total estimated annual costs and expenses in the budget, as set forth in Section 6.3, prior to final adoption of the budget by the Board of Directors on or before June 30 of each year. If, during the course of any given fiscal year, there are proposed amendments to the budget that would require increased amounts to be paid by each Member Agency over and above the allocated proportional share attributed to the budget then in effect, the Board of Directors shall not take final action to approve any such budget amendment until each Member Agency has approved payment of its proportional share."

Amendments to the JPA require Council action by each of the participating cities. In the paragraph above the term "Member Agency" means City Council. Except as expressly revised by this Amendment, all terms, conditions and requirements as set forth in the Agreement shall remain in full force and effect.

FISCAL IMPACT

There is no direct fiscal impact of approving the recommended amendment. The City of Sunnyvale is withdrawing from the Authority effective June 30, 2003, at the end of this fiscal year and this proposed amendment will apply to the budget for next fiscal year.

PUBLIC CONTACT

Public contact was achieved by posting the relevant Council agenda on the City's official notice bulletin board, posting the relevant Council agenda and report on the City's web page, publishing the relevant Council agenda in the San Jose Mercury News, and making this report available as a source report in the Department of Public Safety.

ALTERNATIVES

  1. Approve amendment to Joint Exercise of Powers Agreement requiring Member Agencies to approve increased budget amounts before the SVACA Board of Directors takes final action.
  2. Do not approve amendment.

RECOMMENDATION

Staff recommends Alternative 1: Approve the amendment to Joint Exercise of Powers Agreement.

 

Prepared by:
David R. Johnson
Senior Management Analyst

Reviewed by:
Gregory Kevin
Captain, Department of Public Safety

Mary Bradley
Director, Department of Finance

Irwin I. Bakin
Director, Department of Public Safety

Approved by:
Robert S. LaSala
City Manager

Attachments

  1. Second Amendment to Joint Exercise of Powers Agreement creating the Silicon Valley Animal Control Authority

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