REPORT TO CITY COUNCIL
SUBJECT
Title
Action to Approve and Authorize the City Manager to Execute the Revised Third Restated and Amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority to include the Town of Los Gatos as a Participating Member Agency
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The cities of Campbell, Monte Sereno, and Santa Clara entered into a Joint Powers Authority (JPA) Agreement for animal control services, creating the Silicon Valley Animal Control Authority (SVACA). On March 22, 2012, the Second Restated Agreement was entered into adding the City of Mountain View as a Member Agency.
SVACA provides animal control services, including enforcement of animal laws (e.g., animal cruelty investigations, etc.), animal shelter services (e.g., care of sick, injured, lost, and abandoned animals, foster programs, etc.), education and outreach programs and decreased animal services within their respective jurisdictional area.
SVACA shall be administered by a Board of Directors consisting of a City Council member appointed as a Director to represent each of the Member Agencies. The City of Santa Clara’s current representative is Councilmember Raj Chahal.
DISCUSSION
On April 16, 2024, the Town of Los Gatos (Town) Town Council (Town Council) unanimously voted to authorize the Town Manager to bring forward a formal JPA agreement with SVACA for animal services upon the approval of the existing JPA member agencies.
On May 22, 2024, the SVACA Board of Directors approved, by a unanimous vote, a recommendation from the SVACA Executive Director to consider adding the Town of Los Gatos as a participating member agency of the JPA. The SVACA Board also unanimously approved the transitional Animal Services Agreement and the revised JPA agreement.
On June 4, 2024, the Town Council authorized the SVACA transitional Animal Services Agreement (Attachment 1) which allows for the transition of animal control services from San Jose Animal Care Services to SVACA beginning July 1, 2024, until the revised SVACA JPA agreement is fully executed and signed by all participating member agencies (or a maximum of one year). Staff anticipates all member agencies to fully execute the revised SVACA JPA by November 2024, at which time the transitional agreement would terminate and the Town and SVACA would operate under the revised JPA agreement (Attachment 2). Each Member Agency is now requesting from their respective legislative body approval of, and authorization to execute, the Revised Third Restated and Amended JPA for the SVACA to include the Town as a Participating Member Agency. This JPA shall become effective when signed and executed by all Member Agencies and will supersede any prior agreements executed.
As a part of the revised SVACA JPA agreement for all participating member agencies, the Town will be required to make an initial contribution of $100,000 to offset the addition of a new animal rescue vehicle shared by all participating member agencies. In addition, beginning FY 2024/25, the Town will also be responsible for annual capital and operating costs in the amount of $239,471, proportionately 11% of the total cost-sharing by all participating member agencies. As a result, the City of Santa Clara’s original annual capital and operating cost has been reduced from $1,195,632 to $1,132,981; billing takes place in equal installments on a quarterly basis.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (b)(4) in that it is a fiscal activity that does not involve commitment to a specific project which may result in potential significant impact on the environment.
FISCAL IMPACT
The SVACA Board of Directors adopts a preliminary budget for maintenance and operation costs, capital costs, costs of special services, and debt service payments or redemption expenses on Bonds (if any), annually prior to June 1 of each year and adopts a final budget prior to June 30 of each year. Prior to June 1 of each year, SVACA furnishes each Member Agency with an estimate of the total annual maintenance and operation costs, capital costs, costs of special events, and debt services payments or redemption expenses on Bonds (if any). Each Member Agency is required to approve the contribution of its allocated proportional share of the total estimated annual costs and expenses in the budget prior to final adoption of the budget by the Board of Directors on or before June 30 of each year.
The City adopted the FY 2024/25 Amended Operating Budget on June 25, 2024 (Report to Council #24-322). The FY 2024/25 budget did not take into consideration the addition of the Town due to the timing of the above actions. If the addition of the Town to the JPA is approved by all the Member Agencies, the proportionate annual capital and operating costs for each Member Agency will be adjusted.
The Town of Los Gatos will pay a one-time new member contribution cost of $100,000 to SVACA in Fiscal Year 2024/25 upon full execution of the signed JPA Agreement, in addition to quarterly installments for its proportionate amount of the Fiscal Year 2024/25 annual capital and operating costs totaling $239,471. As a result, the City of Santa Clara’s original annual capital and operating cost will be reduced from $1,195,632 to $1,132,981 for Fiscal Year 2024/25.
COORDINATION
The report was coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Approve and Authorize the City Manager to Execute the Revised Third Restated and Amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority to include the Town of Los Gatos as a Participating Member Agency in a final form approved by the City Attorney
Staff
Reviewed by: Pat Nikolai, Chief of Police
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Animal Services Agreement between SVACA and the Town of Los Gatos
2. Revised Third Restated and Amended JPA for the SVACA