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HomeMy WebLinkAboutCC_2017_10_30_Agenda Packet CC SPC Animal Shelter SPECIAL MEETING Atascadero City Council Monday, October 30, 2017 12:00 P.M. Atascadero City Hall Council Chambers, 4 th Floor 6500 Palma Avenue, Atascadero, California (Enter from Lewis Avenue) AGENDA ROLL CALL: DISCUSSION: 1. Analyzing the Desirability of a North County Animal Shelter  Fiscal Impact: Fiscal impacts are fully addressed in the Staff Report. It is believed that the approximate $20,000 in costs of the analysis conducted over the last month are monies that have been well spent, even if the Council directs staff to continue working with the County and other cities on the County shelter, since much has been learned that can reduce the life-cycle costs to the City.  Recommendation: Council: 1. Authorize the City Manager to sign and deliver Draft Letter A to each of the signatories of the February 2017 Agreement for Allocation of Construction and Financing Costs for an Animal Services Shelter, stating that the City is NOT withdrawing from the agreement, and asking all parties to consider an MOU extending City use of the facility beyond the 20-year life of the shelter financing. 2. Direct staff to work with the County and other agencies on policy changes that would reduce the usage and costs of the County animal shelter and look for methods of reducing costs and increasing revenues in order to neutralize the projected budget impacts. [City Manager] ADJOURNMENT: The City Council will adjourn to its next Regular Session on November 14, 2017. STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) CITY OF ATASCADERO ) I, LARA CHRISTENSEN, City Clerk, being duly sworn, depose that on October 27, 2017, a copy of the foregoing Notice of Special Meeting was posted at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, California and was available for public review in the Customer Service Center at that location. LARA CHRISTENSEN, City Clerk City of Atascadero 1 of 138 ITEM NUMBER: 1 DATE: 10/30/17 Atascadero City Council Staff Report - City Manager’s Office Analyzing the Desirability of a North County Animal Shelter RECOMMENDATIONS: Council: 1. Authorize the City Manager to sign and deliver Draft Letter A to each of the signatories of the February 2017 Agreement for Allocation of Construction and Financing Costs for an Animal Services Shelter, stating that the City is NOT withdrawing from the agreement, and asking all parties to consider an MOU extending City use of the facility beyond the 20-year life of the shelter financing. 2. Direct staff to work with the County and other agencies on policy changes that would reduce the usage and costs of the County animal shelter and look for methods of reducing costs and increasing revenues in order to neutralize the projected budget impacts. DISCUSSION: Under state law, each incorporated City has the option of contracting with the County or providing their own animal services consistent with state standards. All seven cities in the County have, in turn, contracted with the County for animal services. Under this service contract, all seven cities and the County share the cost of animal services based on a formula that factors the agencies' proportionate use of field services and shelter services. The County Division operates a single animal shelter to house and care for stray and owner relinquished animals. This shelter, located at 885 Oklahoma Avenue i n San Luis Obispo, is the County's only open intake animal shelter and receives approximately 4,500 animals annually. In April of 2015, the County Board of Supervisors directed County staff to replace the animal shelter and to have cities pay their proportionate share of the cost of the shelter. After months of contentious negotiation, the County required each City, by the end of February 2017, to either opt out of participating in the new shelter or to approve an agreement (Attachment 2) that provided for the following:  The total budgeted cost of the Project ($14.5 million) and the portion that the County will exclusively pay ($1.45 million). The County will be paying 100% of the land costs, the demolition costs for the existing facility and the remai ning depreciation value of the existing facility. The County will also pay for a larger 2 of 138 ITEM NUMBER: 1 DATE: 10/30/17 portion of the utility extension along Oklahoma Ave. See Exhibit D of the Agreement for project budget details.  A procedure for authorization of excess construction costs. Any projected costs that would bring the Project in 10% or more above the budget must be approved by all cities.  Opt-out provisions that detail the withdrawing party’s obligations as follows: o After approval of the agreement, but prior to October 31, 2017- the withdrawing party shall pay its share (as detailed in Exhibit C) of costs incurred by the County prior to the date of receipt of notice of withdrawal and no financing/interest costs. o After October 31, but prior to the beginning of construction - the withdrawing party shall pay its share (as detailed in Exhibit C) of costs incurred by the County prior to the date of receipt of notice of withdrawal which could include financing/interest costs. (There may be differing understandings of what the withdrawal language means in this instance.) o After construction begins- the withdrawing party must pay its entire proportionate share of “Total Project Costs” which could include all financing/interest costs associated with the project  The County is to provide competitive long-term financing for the Project.  Allocation of costs based on a rolling three year proportionate use calculation. As shown in Exhibit C of the Agreement, the City of Atascadero has averaged 14.37% of total shelter use over the last three years. This percentage will change each year based on the average of the previous three years.  Governance of animal shelter operations. An operations committee comprised of a County representative and 2-3 contracting city representatives will review significant policy and budget decisions for the shelter.  A city may opt out of service contracts during the life of the shelter; however each City is still responsible for their proportionate share of the Project costs.  A committee comprised of three contracting city representatives and two County representatives shall participate in an ad-hoc value engineering team tasked with investigating and identifying the most effective and efficient methods to construct a shelter. Atascadero’s City Manager currently serves on this committee. On February 14, 2017, the Council considered whether or not to participate in the County-wide shelter. Although staff had reached out to other shelters and investigated other service alternatives, a viable alternative was not found prior to the February county deadline. Given the lack of viable alternatives at the time, the Council directed the City Manager to execute the agreement on February 14, 2017. Because the cost of the facility’s construction and operation will significantly increase the costs to participating cities, the City of Atascadero and the City of Paso Robles have continued to explore other options for service delivery. Recent investigations have indicated that there may be a potential service delive ry option for a North County Animal Shelter that may be cost effective and efficient. The Mayors of Atascadero and Paso Robles sent a joint letter to the Board of Supervisors, requesting the County to delay its process in order to allow our two cities the time needed to decide whether or not to construct a North County animal shelter. This time would allow time for the investigation of the viability of a North County shelter and allow 3 of 138 ITEM NUMBER: 1 DATE: 10/30/17 time for other cities to consider their options. The County voted to move forward with their project with no delay. On October 10, 2017 the City Council agreed to share costs with the City of Paso Robles’ agreements with Ravatt Albrecht & Associates and Petaluma Animal Services Foundation to prepare an analysis of the cost-effectiveness of developing and operating a North County Animal Shelter. The results from those consultants have been received and are attached. There is need for prompt action, given the October 31, 2017 deadline. At the October 10, 2017 City Council meeting, Staff indicated that there were at least 8 criteria that needed to be examined in order to if a North County Shelter is the right decision for our cities. The following were the eight criteria identified. 1. Cost 2. Control 3. Convenience 4. Flexibility 5. Publicly-owned and operated vs. Public-private partnership model 6. Risk 7. Impact on other cities in the County and on the County 8. Impact on the Police Department and other City operations An analysis of each follows. Issue #1- Cost: There are many factors, criteria and assumptions that go into determining the estimated costs of both the proposed County Animal Shelter and the proposed North County shelter. Shelter Assumptions In determining the cost of the County-wide shelter, staff analyzed the existing February 2017 agreement and had discussions with County staff and staff from other cities. Below are the assumptions for determining the costs for the County-wide shelter. County Budget: The current budget for the County animal shelter is $14,807,800. Of that amount, the County is solely responsible for $1,455,267, the Cities are solely responsible for $176,033 and the remaining amount of $13,176,500 is allocated amongst the County and the Cities. If the shared amount is expected to exceed $14,500,000, it would require a written amendment to this agreement signed by all parties to the agreement. The County has completed the programming analysis for the shelter, but the cost estimate is not complete at this time. County staff has worked diligently to keep costs down, while trying to meet the needs of a variety of constituents. The existing budget includes over 25% in contingencies. Because the existing budget continues to be the driving factor for the project manager and the steering committee, the cost comparison that follows assumes that the project will come in at the current budget amount. 4 of 138 ITEM NUMBER: 1 DATE: 10/30/17 County Allocation: The agreement calls for the costs of the shelter to be allocated based on a three year rolling average of shelter usage. This number will vary and can be influenced by policy changes, environment or other factors. The number also varies due to individual cases, disasters or other factors. In 2016 -2017, the City of Atascadero had some animal hoarding cases where the animals were confiscated and sheltered. Cases such as these can significantly increase the jurisdiction’s allocation of not only shelter costs, but also animal service costs. (The three year averaging will help smooth out large swings in costs). If Atascadero and Paso Robles, decide to continue to participate in the County shelter, staff recommends that we work with the County to help develop education and spay/neuter programs, designed for the North County, aimed at reducing the number of animals requiring services (particularly feral cats). Because it is hard to exactly predict percentage of future use, the projections that follow allocate shelter shared costs at the percentages included in the February 2017 agreement. The allocation of City only are a higher percentage as the County does not participate in those costs. County Financing Terms: The February agreement reads as follows: 1. Financing a. County Advance of Funds. The County shall advance funds required to pay for the costs of construction of the Shelter. The County intends to finance the funds it advances, including County in house soft costs. i. County Sole Discretion as to Financing Terms. The County, at its sole discretion, shall determine financing terms based on market rates and terms available at the time of financing. The anticipated financing interest rate is estimated to be between 3.5%-5%, based on a 25-year term, see Exhibit D. The County may finance the Estimated Final Construction Costs (hard, soft, design, etc.) for the Shelter in addition to customary out of pocket costs to obtain financing, if any. The County may choose to provide in-house financing, provided the interest rate charged to the Cities does not exceed commercially available rates for like projects and terms of financing are equal to or more favorable to Cities than terms otherwise available to the County. Because the language leaves the interest rate up to the sole discretion of the County, the County provided clarification through e-mail of their intentions. Representatives from the County indicated: 1. That the County would try to obtain the lowest cost financing, and that it was the intention of the County to pass that rate on directly to the cities. 2. That the County does not plan on adding any additional basis points or other administrative costs when determining the rates for the cities. 3. That if the County later re-financed the costs at a lower overall cost, that the savings would be also be passed on proportionately to the cities. 4. That the County would seek reimbursement for staff time and other minor County costs incurred for issuing the bonds at a cost of $25,000. 5. That all other issuance costs are part of the overall financing and are rolled into the rates passed on to the cities. 5 of 138 ITEM NUMBER: 1 DATE: 10/30/17 The current estimated all-in interest rate from the County is at 3.2%; however interest rates do fluctuate and are highly dependent upon the market at the time of issuance. The County did provide amortization schedules for an all -in interest rate of 3.7% to show the effect of a 0.5% increase in the interest rates. It is unknown what the interest rates would be to finance a North County shelter, but it is assumed to be close to the rate that can be obtained by the County. Because they are similar and dependent on the market, the annual payments and inter est is not critical to the analysis of the costs. The County has provided payment schedules for both a 25 year financing and a 30 year financing. While the 30 year financing reduces the annual payments, it does increase the overall amount paid in interest. Because the term of the financing would be similar for a North County Shelter issue, it is not critical to comparison of the costs. (Estimated payment schedules are Attachment 3) County Useful Life: On the other hand, the anticipated useful life of the shelter is independent of the financing and is critical to the analysis. The expected useful life of any building would exceed the length of a normal financing. The February agreement only runs through the life of the financing and is silent as to what happens once the financing is paid off. The February agreement requires that the proposed building be used as an animal shelter for the length of the agreement, but once the agreement terminates, the agreement is silent as to usage. If this is the ca se, we should use the expected remaining term of the agreement upon occupancy for the estimated useful life of the shelter (estimated to be 23.5 years), as the cities may or may not have continued use of the shelter with no shelter payment. Staff reached out to County representatives and asked what County plans for the shelter were after the agreement termination. The County agreed that the agreement, including provisions for animal shelter use and the operation committee terminated before the expected li fe of the building, but did confirm the following: a. The term of the current February 2017 agreement is until each Party has made its final payment on the financing of the shelter (currently we are estimating that will be either 25 years or 30 years after th e issuance of the financing) b. The life of the new proposed animal shelter building is expected to be somewhere between 40 and 50 years at this point. c. Understanding the Board of Supervisors would have the final say, at this point County staff believes it is the County’s intention to use the new proposed animal shelter building as long as possible. d. If the other cities are agreeable, County staff would be willing to recommend to the Board of Supervisors, some sort of MOU or MOA that would extend the use of the new proposed animal shelter for some period of time after the existing February 2017 agreement expires and before the useful life of the building has expired. (20 years was mentioned). 6 of 138 ITEM NUMBER: 1 DATE: 10/30/17 e. That County Staff could recommend an MOA or MOU to the Board of Supervisors that included involvement of the Cities prior to vacating/changing use of the proposed new animal shelter building. Staff recommends that if the Council decides to remain a participant in a County shelter, that a letter be sent to all parties of the February 2017 Agreement, asking them to participate in an MOU that would outline the operations and use of the building after the current agreement expires. Some of the things that Atascadero and Paso Robles would like to see in the agreement include: 1. That all Cities would have the opportunity for significant involvement prior to any County decision to vacate the proposed new animal shelter (or any portion thereof) or change the use or any portion thereof, of the new animal shelter 2. That the County shall not charge rent for the Shelter or Shelter Property or otherwise attempt to obtain compensation from the Cities for items included as part of the original animal shelter construction project. 3. That the County intends to use the building as an animal shelter for as long as possible, and that if the County decides to terminate its use as an animal shelter when there is significant useful life remaining in the building, that cities would be credited their allocated share of the appraised value of the building upon termination. 4. Continuation of the Operations Committee and Executive Board as outlined in the February 2017 Agreement. NC Budget: There are currently four options where cost estimates were obtained. The four estimates consist of two different sites in Paso Robles (Wisteria Site and Sulphur Springs Site) and public vs. private construction. All four cost comparisons are shown. 1. Construction: The construction costs were obtained through the cost estimate (which does include contingencies in the prices used because of the early phase of design.) See Attachment 4 2. Interior Costs: The construction cost estimates include interior cabinetry and built in furnishings. An estimate of $15,000 was included for items such as washing machines, furnishings and other equipment needed for start-up. 3. Soft Costs: Based on discussions with consultants, an estimate of 15% of construction costs was used for architecture and engineering through completion. An additional $100,000 was added to this figure for proje ct management, inspection, testing, environmental, permitting ($0 City fees), and other miscellaneous costs. 4. Construction Contingency: Used the same percentage as the County is currently using for their proposed animal shelter for consistency. 5. Project Contingency and Allocation: Used the same percentage as the County is currently using for their proposed animal shelter for consistency. 6. Allocation of County Costs Incurred to Date: At the last meeting, the power point for the County showed that the County has expended $224,720 to date and has allocated a remaining $1,155,698 to date. Because of timing difference, an estimate of $300,000 for County costs incurred to date was used. 7 of 138 ITEM NUMBER: 1 DATE: 10/30/17 NC Allocation: For purposes of the analysis, proportionate sharing of costs between Atascadero and Paso Robles is based on the numbers included in the February 2017 agreement. Atascadero received shelter services for 1,719 animals (43.3%) and Paso received shelter services for 2,250 animals (56.7%). Actual allocations will vary depending on each year’s use. With only two participants, variances in the number of animal served will have a larger impact on annual payments in the future. NC Financing Terms: It is assumed that the North County could finance a near the same interest rates and terms. For purposes of illustration, interest rates are assumed at 3.2% and pay-back period is assumed to be 25 years. NC Useful Life: In discussing the estimated useful life of conventional construction, it is reasonable to assume that the building life will be around 45 years. Below is a comparison of the Cities of Atascadero and City of Paso Robles estimated share of the County shelter versus each analyzed scenarios for a North County Shelter. City Portion Current Budget Atascadero & Paso Share of County Shelter (33.18%)1 Prevailing Wage- Wisteria Prevailing Wage- Sulphur Springs Private Build- Wisteria Private Build- Sulphur Springs Land - - - - - - Construction 8,070,000 2,677,626 3,674,142 3,736,825 3,151,090 3,224,543 Interior Hard Costs 330,000 109,494 15,000 15,000 15,000 15,000 Soft Costs 2,705,000 897,519 651,121 660,524 572,664 583,681 Construction Contingency (10.366%)836,500 277,551 380,845 387,343 326,628 334,242 Project Contingency & Escalation (15.3%)1,235,000 409,773 562,276 571,869 482,230 493,471 City Only Costs 176,033 94,123 - - - - Proportionate share of costs incurred to date 99,540 99,540 99,540 99,540 13,352,533 4,466,086 5,283,384 5,371,561 4,547,612 4,650,937 Total Cost of shelter at $14.5 million 14,676,033 4,869,508 % of County Shelter 2 39.57%40.23%34.06%34.83% Comparison of Animal Shelter Project Costs 1 Assumes Atascadero and Paso Robles proportionate share based on percentages provided in the contract. Atascadero and Paso Robles proportionate share will vary based on usage, using a 3 year rolling average. 2 This percentage reflects the scenario shelter cost as a percentage of the County shelter costs. County-Wide Shelter North County Shelter 8 of 138 ITEM NUMBER: 1 DATE: 10/30/17 City Portion Current Budget Atascadero & Paso Share of County Shelter (33.18%)1 Prevailing Wage- Wisteria Prevailing Wage- Sulphur Springs Private Build- Wisteria Private Build- Sulphur Springs Assuming Estimate Life of Shelter Building Estimated Cost of Shelter 13,352,533$ 4,466,086$ 5,283,384$ 5,371,561$ 4,547,612$ 4,650,937$ Estimated Useful Life of Shelter (in years)45 45 45 45 45 45 Estimated annual cost of Shelter 296,723$ 99,246$ 117,409$ 119,368$ 101,058$ 103,354$ Assuming Estimated Life of Current Agreement Estimated Cost of Shelter 13,352,533$ 4,466,086$ 5,283,384$ 5,371,561$ 4,547,612$ 4,650,937$ Estimated Useful Life of Shelter (in years)45 23.5 45 45 45 45 Estimated annual cost of Shelter 296,723$ 190,046$ 117,409$ 119,368$ 101,058$ 103,354$ Comparison of Life-Cycle Costs Animal Shelter Project County-Wide Shelter North County Shelter For cash flow and payment purposes, a sample amortization table is provided below showing annual shelter payments under each scenario. Interest Rate: 3.2% Term: 25 years North County Estimated Issuance Costs: $350,000 County County Shelter Prevailing Wage- Wisteria Prevailing Wage- Sulphur Springs Private Build- Wisteria Private Build- Sulphur Springs Estimated Shared Cost of Shelter13,176,500 5,283,384 5,371,561 4,547,612 4,650,937 City Only Portion of Shelter 176,033 Estimated Issuance Costs 350,000 350,000 350,000 350,000 350,000 Total Financing 13,702,533 5,633,384 5,721,561 4,897,612 5,000,937 Estimated Annual Payment 812,687$ 330,765$ 335,942$ 287,564$ 293,631$ Estimate Atascadero Share 117,692$ 143,252$ 145,494$ 124,542$ 127,169$ Estimated Paso Robles Share 154,056$ 187,513$ 190,448$ 163,022$ 166,462$ North County Shelter Calculation of Shelter Facility Payments Overall shelter costs for a North County facility would cost more on both an annual payment and on a life-cycle cost using the Cities current share of the County facility and assuming that the other Parties agree to the use of the county facility after the term of the current agreement. There is one substantial difference in shelter costs that cannot be quantified. If after some period of time, the Cities of Atascadero and Paso Robles decide to no longer have a North County Animal Shelter, there is the possibility that the building would have value that each City would have some sort of equity in the building. (Assuming a public ownership scenario rather than a private lease situation) 9 of 138 ITEM NUMBER: 1 DATE: 10/30/17 Animal Services Costs County Operations: Each City has a similar agreement for animal services in force that runs from July 1, 2016 through June 30, 2019. This agreement (Attachment 5) allocates fees to each jurisdiction based on four key facets of animal services operations: 1. Field Services 2. Licensing 3. Shelter Operations 4. Education Services The contract contains the following language to determine costs charged to each agency and fee revenues credited to each agency in order to determine the net cost to each agency. 4.a Determination of Cost of Service – The cost of providing services to the City will be calculated by determining the average percentage of service allocated to the City of the preceding three years for each of the four facets of operations and multiplying this percentage against Animal Services operational costs for each facet. Combined, this then represents the City’s total service cost in proportion to the County and all other contracting parties. 4b. Credit for Fees – The average annual revenue generated from fees or fines assessed directly to residents of the City by Animal Services over the preceding three years will be applied against the City’s total service cost. 4c. Determination of Service Fee – The fee assessed to the City for provision of services outlined in this contract shall be determined by subtracting the average revenue as determined by item 4b of this exhibit from the average cost of service as determined by item 4a of this exhibit. Based on the County cost allocation for 2017 -2018 (Attachment 6), Atascadero is being charged $248,842 (15.7% of total charges) and Paso Robles is being charged $306,599 (19.3% of total charges) for 2017-2018 animal services. NC Operations: In addition to shelter facility costs, animal services cost must also be analyzed. Petaluma Animal Services Foundation (PASF) has provided a scope of services (See Attachment 7) and a pro-forma operations budget (See Attachment 8). For comparison purposes, PASF was asked to provide contract costs for services that are the same as currently provided by the County. As discussed in the flexibility portion of this staff report, services (and thus related costs) could be modified and tailored to meet the needs of each community. PASF has verified that the contract cost provided in the documents includes all services and equipment (other than shelter costs) needed to pe rform the scope of work. This includes trucks, furnishings and other minor equipment costs. The table below allocates costs of a North County Shelter between Atascadero and Paso Robles, using the allocation factor from the County agreement. Atascadero’s 10 of 138 ITEM NUMBER: 1 DATE: 10/30/17 share of $248,842 is 44.8% of the total usage between Atascadero and Paso Robles, while the Paso Robles share of $306,599 represents 55.2% Contract Amount:502,000$ County Shelter North County Shelter Atascadero Cost 248,842$ 224,900$ Paso Robles Cost 306,599 277,100 Total Financing 555,441$ 502,000$ Calculation of Shelter Facility Payments Animal services (field services and shelter operations) costs would be lower with in North County Shelter scenario. Total Costs Interest Rate: 3.2% Term: 25 years Contract Amount: $502,000 County County Shelter Prevailing Wage- Wisteria Prevailing Wage- Sulphur Springs Private Build- Wisteria Private Build- Sulphur Springs Shelter Annual Financing Costs 271,748$ 330,765$ 335,942$ 287,564$ 293,631$ Operations Costs 555,441 502,000 502,000 502,000 502,000 Total Financing 827,189$ 832,765$ 837,942$ 789,564$ 795,631$ Estimate Atascadero Share 366,534$ 368,152$ 370,394$ 349,442$ 352,069$ Estimated Paso Robles Share 460,655 464,613 467,548 440,122 443,562 827,189$ 832,765$ 837,942$ 789,564$ 795,631$ Calculation of Total Estimated Annual Payments North County Shelter Savings in animal services would offset the additional shelter costs if a North County Shelter could be built by the private sector and not be subject to pre -vailing wages and other government contracting laws, providing a slightly lower overall annual pay ment in those scenarios. If the shelter must be built using government contracting, the overall payments would be higher under a North County Shelter than participating in the County Shelter. 11 of 138 ITEM NUMBER: 1 DATE: 10/30/17 County Shelter- 45 Year Life County Shelter- 23.5 Year Life Prevailing Wage- Wisteria Prevailing Wage- Sulphur Springs Private Build- Wisteria Private Build- Sulphur Springs Shelter Annual Life-Cycle Cost 99,246$ 190,046$ 117,409$ 119,368$ 101,058$ 103,354$ Operations Costs 555,441 555,441 502,000 502,000 502,000 502,000 Total Financing 654,687$ 745,487$ 619,409$ 621,368$ 603,058$ 605,354$ Estimate Atascadero Share 291,825$ 331,149$ 275,749$ 276,597$ 268,667$ 269,662$ Estimated Paso Robles Share 362,862 414,338 343,660 344,771 334,391 335,692 654,687$ 745,487$ 619,409$ 621,368$ 603,058$ 605,354$ Calculation of Total Estimated Annual Life-Cycle Cost North County ShelterCounty In the life-cycle cost analysis, the cost of the shelter is divided over 45 years, spreading the additional costs of a North County shelter over a long-period of time. In the Life- cycle analysis, the savings realized on operations would outweigh the additional shelter annual costs, netting a small savings in each North County scenario. While there is potential annual savings in the analysis presented, there are also several assumptions regarding the financing terms that the Cities could achieve and the share of the County shelter that will be borne by Atascadero and Paso Robles in the fu ture. Issue #2 – Control Control characteristics of the County Shelter and the North County Shelter as proposed: County Animal Services North County Animal Services Atascadero and Paso Robles combined constitute a minority interest Atascadero and Paso Robles, being the sole partners, will have a greater ability to decide the nature and scope of services to be offered. County contract gives significant powers to the County. Atascadero and Paso Robles are roughly the same size and level of demand for animal services, thus ensuring they each have an equal say The two cities could contract together with the operator or contract individually 12 of 138 ITEM NUMBER: 1 DATE: 10/30/17 Issue #3 – Convenience to Residents: Convenience characteristics of the County Shelter and the North County Shelter as proposed: County Animal Services North County Animal Services The County shelter is located on Highway 1, west of San Luis Obispo, and approximately 32 miles from downtown Paso Robles and 22 miles from downtown Atascadero The proposed shelter site on Sulpher Springs is approximately 2 miles from downtown Paso Robles and 12 miles from downtown Atascadero. The County shelters, on average, 4,000 animals annually The proposed shelter site off Wisteria is approximately 4 miles from downtown Paso Robles and 14 miles from downtown Atascadero Services provided on a 24 hours a day, 7 days a week basis with an on-call animal control officer dispatched for after hour emergency requests. Paso Robles and Atascadero account for, on average, 1,400 animals annually in the shelter Services provided on a 24 hours a day, 7 days a week basis with an on-call animal control officer dispatched for after hour emergency requests. Convenience advantages and disadvantages of the North County Shelter as proposed: Pros Cons It is likely that residents will experience shorter response times to calls for service with dedicated North County officers. There is the potential that with a local shelter and dedicated North County officers, residents will desire additional services and this will increase costs to the contract for both sheltering and field services Adoptable animals in the shelter will be local to the participating cities The proximity of the shelter and the increased availability of animal control officers could lead to an increase in calls for services and surrenders to the shelter Expenditures and revenues stay local With a shelter servicing only the two North County cities, there is a likelihood that those seeking to adopt would encounter a reduced selection of adoptable animals 13 of 138 ITEM NUMBER: 1 DATE: 10/30/17 Issue #4 – Flexibility: Flexibility characteristics of the County Shelter and the North County Shelter as proposed: County Animal Services North County Animal Services Provides services to residents throughout the County (8 jurisdictions representing many unique communities) Provides services to residents of Atascadero and Paso Robles Final policy and budgetary authority resides with the County Board of Supervisors (BOS) Final policy and budgetary authority resides with a North County Animal Services Board comprised of City of Atascadero and City of Paso Robles representatives An Executive Board made up of the County Administrator (CAO) and 2-3 City Managers has the ability to provide input on significant policy and budgetary changes. (If CAO and City Managers disagree, the County will include the City Managers’ recommendation in any staff report to BOS, and provide a summary of the disagreement) Executive Committee made up of staff from the City of Paso Robles and City of Atascadero will shape policy and budget recommendations for consideration by the North County Animal Services Board. County currently enforces similar animal control regulations and services throughout the County. Because animal services will be providing services to 2 communities it is more reasonable to have staff enforce different regulations in each jurisdiction (The North County Animal Services Board would determine whether regulations and services need to be the same for each participating City.) County shelter must have policies and budgets in place to address the needs and expectations of a wide variety of communities The North County Shelter must have policies and budgets in places to address the needs and expectations of both communities. Flexibility advantages and disadvantages of the North County Animal Shelter/Services as proposed: Pros Cons Because each the shelter will only provide services to 2 communities, policies related to animal services could be tailored for each community. A Board made up of equal representation from each City may sometimes lead to conflict and dissension between the 2 cities. If changes from current policy is desired, policy changes would have to be developed and considered, taking up staff time and time from each City Council 14 of 138 ITEM NUMBER: 1 DATE: 10/30/17 Issue #5 – Publicly-owned and operated vs. Public-private partnership model Characteristics of the County Shelter and the North County Shelter as proposed: County Animal Services North County Animal Services The County shelter will be built, owned, financed, and operated by a government agency. Implicitly, this imposes greater:  restrictions on personnel policies;  process requirements;  public involvement;  transparency requirements;  etc. A north county shelter would be built, owned, financed, and operated by a not-for- profit. The two cities would contract for services with the not-for-profit. The agreement and all subsequent policy decisions need to be made by the County Board of Supervisors or by all participating agencies. This injects political considerations. Although the two cities would need an agreement (called for elsewhere in this report), ongoing operational decisions would be made by the not-for-profit. Issue #6 – Risk: Risk characteristics of the County Shelter and the North County Shelter as proposed: County Animal Services North County Animal Services County is a governmental agency providing animal field and shelter services Proposed private sector contractor to provide animal field and shelter services County shelter agreement is a minimum 25 year agreement North County Animal Services agreement is expected to be a long-term agreement County shelter operations and field services agreements are typically 3 year agreements Contract for shelter operations and field services is expected to be a 5 year contract County agreement calls for changing service and shelter infrastructure costs based on usage from each City North County Animal Services agreement is expected to include changing service and shelter infrastructure costs based on usage from each City County is responsible for operating the animal shelter throughout the life of the agreement and possibly longer. Currently there are not many qualified animal shelter operators that would be interested in operating a shelter in our County. Staff looked at costs associated with the City operating an animal shelter and it was not cost effective compared to the County contract The cost of constructing the County Animal Shelter could be higher or lower than the current estimate. Costs may not exceed $14,500,000 without a written amendment to the agreement signed by all parties. (Budget is $13,176,500) The cost of constructing the North County Animal Shelter could be higher or lower than the current estimate. 15 of 138 ITEM NUMBER: 1 DATE: 10/30/17 County Animal Services North County Animal Services The cost of constructing the County Animal Shelter has been developed by County staff and qualified consultants over a period of months The cost of constructing the North County Animal Shelter has been developed by qualified consultants over a period of 3 weeks The County has been providing animal field services and shelter services for many years. There is a long cost history of providing these services. Costs for animal shelter operations and field services were developed by a qualified professional over a period of 3 weeks based on long experience in running animal shelters. The County currently handles most liability claims related to animal services It is expected that the operations contractor will be required to indemnify the cities; however with non- governmental contracts, it is often likely that the cities will incur additional costs with claims. Risk advantages and disadvantages of the North County Animal Shelter/Services as proposed: Pros Cons If the private contractor does not work out, the cities will have to find another, potentially more costly, method of providing animal field and shelter services. Issue #7 – Impact on Other Cities in the County and on the County: Animal services for the entire County, including the incorporated cities, has historically been provided by the County of San Luis Obispo. Different formulas have been used over the years to determine who pays for animal field services and animal shelter services, with the most recent formula allocating costs to the County and Cities based on the usage of services, offset by the revenues (animal licensing fees, adoption, etc.) generated from each jurisdiction. If the Cities of Atascadero and Paso Robles no longer participate in the County operated animal shelter, this will have a significant financial impact on the County and each City in the County. While there may be some animal services costs that will decrease, due to the loss of Atascadero and Paso Robles, many of the costs are fixed and will remain substantially the same whether all 8 jurisdictions participate or just some subsection of the 8 jurisdictions participate. Each City in the County and the County has understandably expressed a desire for both Atascadero and Paso Robles to remain a participant in the County-wide shelter. Some representatives from other participating jurisdictions have expressed disappointment that the North County cities would consider building their own shelter and withdrawing from the agreement. Attached are letters received from other cities on the subject (Attachment 9). 16 of 138 ITEM NUMBER: 1 DATE: 10/30/17 Below is a brief analysis of the financial impacts to the other cities if Atascadero and Paso Robles choose not to participate in the County shelter. Shelter Fees Comparison financing figures were recently provided by the County for the estimated allocated annual costs for each city assuming that the Cities of Atascadero and Paso Robles participate in the County shelter and then assuming that the Cities of Atascadero and Paso Robles did not participate/built a North County shelter. The County provided different interest rates and pay back periods, however for comparison purposes, only the 25 year pay-back period is illustrated here. Shelter Costs: Current County analysis shows that while a County-wide animal shelter would require fewer kennels and smaller areas for cats; there is a considerable portion of the shelter that would remain the same. County illustrative financing costs show financing at $13.7 million for a County-wide shelter, and $13.2 million for a shelter if Atascadero and Paso Robles do not participate. Interest Rates: Current estimated interest rates are around 3.2%, but the county did also provide costs at 3.72% to illustrate cost if the interest rates were to increase 50 basis points in the next few months. Term: The County provided numbers for both a 25 year pay-back period and a 30 year pay-back period, however the chart below only reflect the numbers from the 25 year pay-back period. Animal Services Fees In discussing how other jurisdiction’s animal service fees would be impacted with County representatives, it is anticipated that there may be some small savings, but that in general total costs would remain similar to total costs now. For comparison purposes, the chart below shows what the 17-18 allocation would’ve looked like under each scenario. County North Co.Difference County North Co.Difference 13.7M 13.2M Over 25 Years 13.7M 13.2M Over 25 Years Arroyo Grande 67,317$ 100,238$ 32,921$ 823,025$ 71,219$ 106,067$ 34,848$ 871,200$ Atascadero 115,298 - (115,298) (2,882,450) 121,980 - (121,980) (3,049,500) Grover Beach 29,767 46,264 16,497 412,425 31,492 48,954 17,462 436,550 Morro Bay 25,916 38,553 12,637 315,925 27,418 40,795 13,377 334,425 Paso Robles 150,922 - (150,922) (3,773,050) 159,669 - (159,669) (3,991,725) Pismo Beach 11,554 15,421 3,867 96,675 12,223 16,318 4,095 102,375 San Luis Obispo 97,004 138,791 41,787 1,044,675 102,626 146,862 44,236 1,105,900 County 304,572 431,794 127,222 3,180,550 322,224 456,903 134,679 3,366,975 802,350$ 771,061$ (31,289)$ (782,225)$ 848,851$ 815,899$ (32,952)$ (823,800)$ Difference Difference 3.2% - 25 years 3.72% - 25 years Comparison of Shelter Facility Costs 17 of 138 ITEM NUMBER: 1 DATE: 10/30/17 Estimated Estimated Projected Estimated Estimated Projected Cost Revenue Net Cost1 Revenue Net Arroyo Grande 205,023$ 116,822$ 88,202$ 10.92%265,701$ 116,822$ 148,879$ 60,678$ Atascadero 371,374 122,532 248,842$ - Grover Beach 111,578 49,813 61,766$ 5.94%144,601 49,813 94,788 33,023 Morro Bay 103,211 53,363 49,847$ 5.50%133,757 53,363 80,394 30,546 Paso Robles 454,364 147,765 306,599$ - Pismo Beach 57,998 29,954 28,044$ 3.09%75,163 29,954 45,209 17,165 San Luis Obispo 335,245 161,898 173,347$ 17.86%434,463 161,898 272,565 99,218 Unincorporated 1,063,829 435,701 628,128$ 56.68%1,378,676 435,701 942,975 314,847 2,702,622$ 1,117,848$ 1,584,774$ 100.00%2,432,361$ 847,551$ 1,584,810$ 555,477$ 1 Assumes cost of animal services at 90% of current costs. 2 Assumes revenue from each remaining participating City is equal to the current revenues generated Difference Comparison of Animal Services Costs County Shelter 17-18 Cost to Cities Re-Allocated 17-18 Cost to Cities with Loss of Atascadero and Paso Robles Cost Allocation % Total additional annual costs to each jurisdiction would be as follows (assuming a 3.2% interest rate) Shelter Increase (3.2% Interest) Animal Services Increase Total Increase Arroyo Grande 32,921$ 60,678$ 93,599$ Atascadero - Grover Beach 16,497 33,023 49,520 Morro Bay 12,637 30,546 43,183 Paso Robles - Pismo Beach 3,867 17,165 21,032 San Luis Obispo 41,787 99,218 141,005 Unincorporated 127,222 314,847 442,069 234,931$ 555,477$ 790,408$ Impacts to other jurisdictions- characteristics of the County Shelter and the North County Shelter as proposed: County Animal Services North County Animal Services All 8 jurisdictions within the County participate in one county-wide shelter The County, San Luis Obispo, Pismo Beach, Grover Beach, Arroyo Grande and Morro Bay are expected to participate in one shelter. Paso Robles and Atascadero would participate in a second shelter. Cost of amount needed to be financed for a County Shelter is estimated to be $13.7 million Cost of amount need to be financed for a County Shelter is estimated at $13.2 million (reduction of $0.5 million) Similar costs shared amongst all 8 jurisdictions Similar costs shared among 6 jurisdictions Expected to reduce County provided annual animal services costs by $270,000. County animal services revenues will be decreased by about $270,000 leaving a net cost change of about $0. Animal services for Atascadero and Paso Robles are expected to have a net cost of $550,000. 18 of 138 ITEM NUMBER: 1 DATE: 10/30/17 Impacts to other jurisdictions- advantages and disadvantages of the North County Animal Shelter/Services as proposed: Pros Cons Significantly increases costs to other jurisdictions in the County. Reduces trust and spirit of co-operation between jurisdictions within the County Increases total tax payer dollars spent on animal services in the County by approximately $550,000 annually Increases total tax payer dollars spent on animal shelter facilities by over $3.9 million County will be paying the majority (56%) of the costs of the shelter, potentially discouraging the felt need for co- operation with the Cities Issue #8 – Impact on the Police Department and other City operations: Characteristics of the County Shelter and the North County Shelter as proposed: County Animal Services North County Animal Services The county currently provides animal control services to all municipalities and unincorporated areas; including emergency after-hours service. Proposed private sector contractor would provide animal field and shelter services only to the cities of Atascadero and Paso Robles. The agreement would mirror current levels of county services, at a reduced rate. All animal drop offs and sheltering services occur in rural San Luis Obispo. A North County Animal Shelter would provide north county residents a convenient location for animal surrenders and pick-ups. County shelter operations and field service agreements are typically 3-year agreements. Although municipalities are able to provide input, all final programmatic decisions rest at the county level. A North County Animal Shelter agreement would increase to a 5-year period. A local program would increase control for participant cities allowing them to tailor programmatic offerings that meet respective municipalities’ needs. The county currently manages all service and shelter complaints as well as day-to- day activities for the animal sheltering and field services programs, requiring minimal city staff involvement. A North County Animal Shelter would require increased staff time, from each city, to ensure contracted services meet the demands and expectations of each community. The county currently handles dispatching and call taking related to all animal services. A North County Animal shelter might increase workloads to local communications centers. 19 of 138 ITEM NUMBER: 1 DATE: 10/30/17 Advantages and disadvantages of the North County Animal Shelter/Services as proposed: Pros Cons Convenient north county animal drop-off location for staff and community members. The private contractor agrees to field all service and shelter complaints; however, Staff and Councils will be impacted if complaints regarding field and shelter services go unresolved. Outsourced program management by a non-profit organization, resulting in program cost savings to participating cities. Increased PD involvement for emergency and after-hours calls for service. Increased local control of program to meet individual community needs. If the outsourced contractor is unable to meet the terms of service agreement, potential exists for a reduction in animal services to the community and/or the diversion of city staff time to meet community needs. Contracting with a private entity would require increased city administrative time to support the program’s governance and ensure community needs are being met. FISCAL IMPACT: The fiscal impacts are fully addressed above. It is believed that the approximate $20,000 in costs of the analysis conducted over the last month are monies that have been well spent, even if the Council directs staff to continue working with the County and other cities on the County shelter, since much has been learned that can reduce the life-cycle costs to the City. ALTERNATIVES: 1. Take no action. 2. Continue working with the County and other cities on the proposed County Animal Shelter. 3. Notify the County of the City’s intention to pull out of the Co unty agreement (Draft Letter B) and initiate all steps necessary to work with Paso Robles on the construction and operation of a north county shelter. 4. Provide alternative direction to staff. 20 of 138 ITEM NUMBER: 1 DATE: 10/30/17 ATTACHMENTS: 1. Draft Letter A 2. Animal Shelter Construction Agreement 3. Financing payment schedules 4. Construction Cost Estimate 5. County Animal Control and Services Agreement 6. County 2017/18 Cost Allocation 7. PASF Scope of Services 8. PASF pro-forma operations budget 9. Letters from other jurisdictions 7. Draft Letter B 21 of 138 Draft Letter A – NON-WITHDRAWAL October 30, 2017 Guy Savage, Interim County Administrative Officer Rita Neal, County Counsel County Government Center San Luis Obispo, California 93408 Paso Robles, California 93446 Re: Countywide Animal Shelter Agreement – Notice of Non-Withdrawal from Agreement Dear Mr. Savage and Ms. Neal, The cities of Atascadero and Paso Robles recently expressed concerns regarding the apportioned construction and operating costs of the proposed countywide animal shelter, which will significantly increase overall costs above current levels and result in significant impacts to our respective budgets. Jointly, the North County cities have been investigating alternatives to determine whether or not a North County animal shelter would be a practical solution that would serve our mutual best interests. Based upon our Council’s review of that analysis, we have determined that it would not, at this time, be in the City of Atascadero’s best interest to withdraw from the County Agreement. However, as recommended by our Council, the City of Atascadero hereby requests that all parties who have signed the February 2017 Agreement for Allocation of Construction and Financing Costs for an Animal Services Shelter with San Luis Obispo County consider an MOU or MOA extending the use of the facility beyond the 20-year life of the shelter financing and involve all parties in any discussions prior to any decision to vacate/change use of the facility. In addition, we hope to work closely with the County and other agencies on policy changes that would reduce the usage and costs of the County animal shelter and look for methods of reducing costs and increasing revenues in order to neutralize the projected budget impacts. In order to effectuate timely notice prior to October 31, 2017 as set forth in Section 8(a)(i) of the Agreement, the City of Atascadero hereby submits this Notice of Non-Withdrawal. Sincerely, Rachelle Rickard City Manager cc: the City Managers/Administrative Officers and City Attorneys of: Arroyo Grande Atascadero Grover Beach Morro Bay Pismo Beach San Luis Obispo 22 of 138 23 of 138 24 of 138 25 of 138 26 of 138 27 of 138 Animal Services Animal Services Animal Services 28 of 138 29 of 138 30 of 138 Needs Assessment, Feasibility, and Building Program Study" 31 of 138 32 of 138 33 of 138 34 of 138 Payment Schedules for 25 and 30 year Financing 35 of 138 North County Animal Shelter Building and Site Analysis City of Paso Robles 1000 Spring Street Paso Robles, CA 93446 City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 October 26, 2017 Version 1.2 36 of 138 | page 2 TABLE OF CONTENTS Building Program Summary Page 4 Project Cost Summary Page 7 Similar Project Cost Comparison Page 9 Profession Design Fees Summary Page 11 Concept Floor Plan Page 13 Cost Estimate – Floor Plan Page 16 Concept Site Plan – Wisteria Lane Page 31 Cost Estimate – Wisteria Lane Page 35 Concept Site Plan – Sulphur Springs Road Page 45 Cost Estimate – Sulphur Springs Road Page 49 Alternate Concept Site Plan – Paso Robles Blvd Page 59 Appendix Building Typology Study Page 62 City Service Summaries Page 69 Project Site Information Page 74 37 of 138 | page 3 Building Program Summary 38 of 138 | page 4 39 of 138 | page 5 40 of 138 | page 6 Project Cost Summary 41 of 138 | page 7 Total Project Construction Cost 42 of 138 | page 8 Similar Project Cost Comparison 43 of 138 | page 9 Similar Project Cost Comparison Summarized here are similar project cost values on projects the design team worked on in the recent years. The buildings were of conventional construction, wood, or steel stud, and concrete masonry. Facility Size Cost Cost/sq.ft. Year Complete Construction Type Bernalillo County Animal Care 17,186 sf $7,314,087 $425 2017 Steel Stud, CMU Carson City Animal Services 10,181 sf $3,969,455 $389 2016 Wood Stud, CMU Farmington Animal Shelter 15,667 sf $3,735,881 $274 2012 Steel Stud, CMU Santa Maria Animal Shelter 19,000 sf $9,971,536 $524 2017 (current $, completed in 2002) Wood stud, CMU 44 of 138 | page 10 Professional Design Fees Summary 45 of 138 | page 11 Professional Design Fees Summary We estimate a normal project sequence for design services on this project. Services for Schematic Design, Design Development, and Construction Drawings would be required to attain planning department approval and a building permit. Bidding Services and Construction Administration would be required to service the construction phase. The estimated fees are as follows: Estimated Cost Prevailing Wage Building and Site Cost for Wisteria Lane Site, APN: 025-435-029: $3,674,142 Design Fees: 15% of Construction Value Total Design Fees: $551,121 Design Discipline % of Construction Value Estimated Fee Architecture 8% $293,931 Mechanical, Electrical, Plumbing Engineering 3% $110,224 Civil Engineering 2% $73,483 Structural Engineering 2% $73,483 Estimated Cost Prevailing Wage Building and Site Cost for Sulphur Springs Site, APN: 008-051-026: $3,611,825 Design Fees: 15% of Construction Value Total Design Fees: $541,773 Design Discipline % of Construction Value Estimated Fee Architecture 8% $288,946 Mechanical, Electrical, Plumbing Engineering 3% $108,355 Civil Engineering 2% $72,237 Structural Engineering 2% $72,237 Owner Contracted Consultants Soils Engineer Services $10,000 Permit Fees $0_______ It is anticipated that the City planning and building department fees will be waved. Land Acquisition $0_______ It is anticipated that the land cost will be waved. 46 of 138 | page 12 Concept Floor Plan 47 of 138 | page 13 48 of 138 | page 15 Cost Estimate – Floor Plan 49 of 138 | page 16 50 of 138 | page 17 51 of 138 | page 18 52 of 138 | page 19 53 of 138 | page 20 54 of 138 | page 21 55 of 138 | page 22 56 of 138 | page 23 57 of 138 | page 24 58 of 138 | page 25 59 of 138 | page 26 60 of 138 | page 27 61 of 138 | page 28 62 of 138 | page 29 63 of 138 | page 30 Concept Site Plan – Wisteria Lane 64 of 138 | page 31 Site Summary for Wisteria Lane Property, APN 025-435-029 Owner: Thomas Erskine Parcel size: 38.4 acres The property is zoned RA – Residential and Agriculture with a PD – Plan Development overlay. A general plan amendment will be required and the project will follow general CEQA procedures for site environmental review. It is anticipated that a mitigated negative declaration would result. There are several possible project site locations for development. There are two potential locations shown for conceptual development. All utilities are present on the street at the Wisteria Lane site. A septic sewer system would be required on the Paso Robles Blvd site. A conditional use permit would be required for the development of an Animal Shelter. 65 of 138 | page 32 66 of 138 | page 34 Cost Estimate – Wisteria Lane 67 of 138 | page 35 68 of 138 | page 36 69 of 138 | page 37 70 of 138 | page 38 71 of 138 | page 39 72 of 138 | page 40 73 of 138 | page 41 74 of 138 | page 42 75 of 138 | page 43 76 of 138 | page 44 Concept Site Plan – Sulphur Springs Road 77 of 138 | page 45 Site Summary for Sulphur Springs Road Property, APN 008-050-026 Owner: City of Paso Robles Parcel size: 19.95 acres The property is zoned C3 – Commercial with a Salinas River overlay. A general plan amendment will be required and the project will follow general CEQA procedures for site environmental review. It is anticipated that a mitigated negative declaration would result. There is limited access for development and expansion as the site is situated near a bank. All utilities are present on the street. Off site improvements will be required. Water and sewer utilities will need to be run from the north of the site approximately 800 feet from the adjacent treatment plant. A conditional use permit would be required for the development of an Animal Shelter. 78 of 138 | page 46 79 of 138 | page 48 Cost Estimate – Sulphur Springs Road 80 of 138 | page 49 81 of 138 | page 50 82 of 138 | page 51 83 of 138 | page 52 84 of 138 | page 53 85 of 138 | page 54 86 of 138 | page 55 87 of 138 | page 56 88 of 138 | page 57 89 of 138 | page 58 Alternate Concept Site Plan – Paso Robles Blvd 90 of 138 | page 59 91 of 138 | page 60 APPENDIX 92 of 138 | page 61 Building Typology Study 93 of 138 | page 62 Building Typology Study The following construction types were evaluated: • PMC Permanent Modular Construction ( factory built construction ) • PEB Pre-engineered building (Steel framed, metal siding and metal roof construction) • SB-Wood (Site Built conventional wood framing with concrete slab/ foundation construction) • SB- STL/MAS (Site Built convention masonry building with metal framed structural roof) Permanent Modular Construction Modular construction is a process in which a building is constructed off-site, under controlled plant conditions, using the same materials and designing to the same codes and standards as conventionally built facilities – but in about half the time. Buildings are produced in “modules” that are put together on site. Structurally, modular buildings are generally stronger than conventional construction because each module is engineered to independently withstand the rigors of transportation and craning onto foundations. Once together and sealed, the modules become one integrated wall, floor and roof assembly. Building off-site creates an opportunity for better construction quality management. Materials that are delivered to the plant location are safely and securely stored in the manufacturer’s warehouse to prevent damage or deterioration from moisture and the elements. Many manufacturing plants have stringent QA/QC programs with independent inspection and testing protocols that promote superior quality of construction every step of the way. Beyond quality management and improved completion time, modular construction offers numerous other benefits to owners. Removing approximately 80% of the building construction activity from the site location significantly reduces site disruption, vehicular traffic and can improve overall safety and security. Reducing on-site activity and thereby eliminating a large part of the ongoing construction hazards can be a tremendous advantage. Ill 102: factory built module 94 of 138 | page 63 Permanent Modular Construction “PMC” is a term used to describe modular construction permanently attached to a foundation. For the purpose of this report PMC buildings are constructed of wood with steel frames. The structures are 60% to 90% completed in a factory-controlled environment, and transported and assembled at the final building site. PMC modules can be integrated into site built projects or stand alone as a turn-key solution and can be delivered with Mechanical HVAC, Electrical Wiring, Plumbing, Fixtures, and Interior Finishes. A lot of research has come out in the last few years supporting the fact that modular construction is an efficient construction process and poised to help the industry grow. A recent report by the National Institute of Standards and Technology and the National Research Council identifies modular construction as an underutilized resource and a breakthrough for the U.S. construction industry to advance its competitiveness and efficiency. (Ref: modular building institute) Advantages • Labor cost is less (no prevailing wage at the factory) • Potential length of construction time shortened • Minimized weather delays • Factory controlled construction results in greater attention to details regarding weather tightness and insulation • Safer work environment Disadvantages • Lifespan is only 20 years • Not usually maintained during lifespan therefore reducing life • Building generally limited to a rectangular shape • Design of interior walls and door layout can be limited due to 12’ column spacing • Transportation restrictions on design • Limited selection of materials, finishes, etc. • Inability for changes during construction • Ceiling height usually limited to 9’-6” • Need for exterior ramp to entry height (see discussion for recessed foundation) • Some construction is done on-site after piecing the building together (prevailing wage labor costs) PEB Steel Framed Construction A pre-engineered building (PEB) is designed by a PEB supplier or PEB manufacturer, to be fabricated using best suited inventory of raw materials available from all sources and manufacturing methods that can efficiently satisfy a wide range of structural and aesthetic design requirements. Within some geographic industry sectors these buildings are also called Pre-Engineered Metal Buildings (PEMB) or, as 95 of 138 | page 64 is becoming increasingly common due to the reduced amount of pre-engineering involved in custom computer-aided designs, simply Engineered Metal Buildings (EMB). Historically, the primary framing structure of a pre-engineered building is an assembly of I-shaped members, often referred as I-beams. In pre-engineered buildings, the I-beams used are usually formed by welding together steel plates to form the I section. The I beams are then field-assembled (e.g. bolted connections) to form the entire frame of the pre-engineered building. Some manufacturers taper the framing members (varying in web depth) to reduce weight according to the local loading effects. Larger plate dimensions are used in areas of higher load effects. Other forms of primary framing can include trusses, mill sections rather than three-plate welded castellated beams, etc. The choice of economic form can vary depending on factors such as local capabilities (e.g. manufacturing, transportation, construction) and variations in material vs. labor costs. Typically, primary frames are 2D type frames (i.e. may be analyzed using two-dimensional techniques). Cold formed Z- and C-shaped members may be used as secondary structural elements to fasten and support the external cladding. Seismic bracing is accomplished by the 2D steel frames in the cross section and with rod bracing in the longitudinal direction. While pre-engineered buildings can be adapted to suit a wide variety of structural applications, the greatest economy will be realized when utilizing standard details. An efficiently designed pre-engineered building can be lighter than the conventional steel buildings by up to 30%. Lighter weight equates to less steel and a potential price savings in structural framework. Advantages • Cost effective and structurally sound • Flame resistant • No termites or fungus • Sustainable materials • Less maintenance • Short construction times • Large Spans capable Ill 103: diagram of components in a PEB system – note rod bracing in wall and ceiling 96 of 138 | page 65 Disadvantages • Specialized construction for laborers – need special tools for assembly • Higher cost for more skilled labor • Building moves more than convention framing • Conductor for heat. Steel conducts heat and cold. Large heat/cold loss unless mitigated (see simple saver example) • Needs double wall system or high efficiency insulation to prevent heat transfer • Requires more space for tapered steel columns and diagonal framing. Up to 18” of space lost at the column locations Site Built Construction SB-Wood Wood Framed low rise buildings are very much a California invention and account for most of the low- rise construction in the Western United States. Since the 1970’s millions of buildings have been built and strengthened with “Simpson” shear panel hardware to lower risk in seismic events. Ill 105: Simple Saver is a high R value system that fits between roof members – and looks good too Ill 104: Blanket insulation is compressed at steel member with the result being reduced R value – also messy looking Ill 106: Simple wood framing systems combined with prefabricated wood truss systems dominate low-rise construction for a reason. Quick to construct and relatively long lasting - wood frame buildings can last 50 years with the right finishes 97 of 138 | page 66 Advantages • Lifespan is 40-50 years • Wood framed buildings are easily maintained and renovated • Basics of wood framing are well known to contractors and their workers • Materials are readily available • Construction changes are easily made once the project has started • Readily accommodates almost any size or placement of windows or doors • No out of the ordinary engineering or code approvals are required • No requirement for heavy equipment for assembly • Flexibility of design for the form and shape of the building • Construction relatively quick – can be built on slab. Disadvantages • Labor cost and material shipping costs will be expensive due to the location of the project • Wood framing can produce a lot of material waste • If moisture control is not followed there is a risk to occupants health due to possible mold and mildew due to condensation and moisture problems. • Wood is susceptible to termite infestation and rot SB Steel/Masonry Concrete Masonry Construction is an extremely durable construction system that is the primary choice for many commercial projects and when combined with a steel framed roof and a metal standing seam roof, it is not only durable but is stable, straight, and strong. Masonry construction also has the advantage of building walls first to accelerate the roof framing (and hence weatherproofed) and then installing utilities and slab after the roof. Ill 107: Concrete block is durable and strong. Combined with a steel roof it is the ideal system used for both commercial and institutional buildings. 98 of 138 | page 67 Advantages • Repels insect • Flame resistant • Soundproof • Insulated roof reduces heat gain/heat loss • Additional insulation may not be needed • Siding is not needed • Lifespan is 40-50 years • Internal columns not needed Disadvantages • Higher cost for material & labor • Needs furring at interior walls if finish or additional insulation desired 99 of 138 | page 68 City Service Summaries 100 of 138 | page 69 101 of 138 | page 70 102 of 138 | page 71 103 of 138 | page 72 104 of 138 | page 73 Project Site Information 105 of 138 | page 74 106 of 138 | page 75 107 of 138 | page 76 108 of 138 | page 77 109 of 138 | page 78 110 of 138 | page 79 111 of 138 | page 80 112 of 138 | page 81 113 of 138 114 of 138 115 of 138 116 of 138 117 of 138 118 of 138 119 of 138 120 of 138 121 of 138 122 of 138 123 of 138 JURISDICTION Estimated Estimated Projected Estimated Estimated Projected Estimated Estimated Projected Estimated Estimated Projected Estimated Estimated Projected Projected Actual Actual Cost Revenue Net Cost Revenue Net Cost Revenue Net Cost Revenue Net Cost Revenue Net % Net % $ diff % diff Arroyo Grande 82,705$ 1,283$ 81,423$ 11% 16,285$ 100,357$ (84,073)$ 19% 105,067$ 15,182$ 89,885$ 14% 967$ -$ 967$ 10% 205,023$ 116,822$ 88,202$ 5.6% 79,285$ 5.1% 8,917$ 11% Atascadero 173,858 3,641 170,218 23% 14,237 91,315 (77,078) 17% 179,890 27,577 152,313 24% 3,389 - 3,389 36% 371,374 122,532 248,842$ 15.7% 225,965 14.5% 22,877$ 10% Grover Beach 59,256 982 58,273 8% 5,734 36,828 (31,094) 7% 46,464 12,003 34,461 5% 126 - 126 1% 111,578 49,813 61,766$ 3.9% 68,048 4.4% (6,283)$ -9% Morro Bay 56,413 852 55,561 7% 6,075 38,054 (31,979) 7% 40,499 14,458 26,041 4% 224 - 224 2% 103,211 53,363 49,847$ 3.1% 45,425 2.9% 4,422$ 10% Paso Robles 196,282 2,374 193,908 26% 20,470 123,723 (103,253) 23% 235,458 21,668 213,790 34% 2,154 - 2,154 23% 454,364 147,765 306,599$ 19.3% 269,708 17.3% 36,891$ 14% Pismo Beach 35,569 152 35,418 5% 4,205 25,365 (21,160) 5% 18,000 4,437 13,563 2% 224 - 224 2% 57,998 29,954 28,044$ 1.8% 24,968 1.6% 3,076$ 12% San Luis Obispo 163,515 2,451 161,065 21% 18,099 112,119 (94,021) 21% 151,426 47,328 104,098 16% 2,205 - 2,205 24% 335,245 161,898 173,347$ 10.9% 146,307 9.4% 27,040$ 18% Ttl alloc-Cities 767,598 11,733 755,865 60% 85,104 527,761 (442,657) 64% 776,803 142,653 634,151 64% 9,288 - 9,288 44% 1,638,794 682,147 956,648$ 60.4% 859,706 55.1% 96,942$ 11% Unincorporated 532,155 20,200 511,956 40% 44,730 299,140 (254,410) 36% 475,207 116,361 358,846 36% 11,737 - 11,737 56% 1,063,829 435,701 628,128$ 39.6% 699,220 44.9% (71,092)$ -10% Ttl 1,299,754$ 31,933$ 1,267,821$ 100% 129,834$ 826,901$ (697,067)$ 100% 1,252,011$ 259,014$ 992,997$ 100% 21,024$ -$ 21,024$ 100% 2,702,622$ 1,117,848$ 1,584,776$ 100.0% 1,558,926$ 100.0% 25,850$ 2% Jurisdiction Costs Revenue Costs Revenue Cost Revenue Cost Revenue Cost Revenue Totals City Fee NCC Totals: 1,299,754$ 31,933$ 129,834$ 826,901$ 1,252,011$ 259,014$ 21,024$ -$ 2,702,622$ 1,117,848$ 1,584,774$ 956,648$ 628,126$ Arroyo Grande 6.36% 4.02% 12.54% 12.14% 8.39% 5.86% 4.60% 4.60% Atascadero 13.38% 11.40% 10.97% 11.04% 14.37% 10.65% 16.12% 16.12% Grover Beach 4.56% 3.08% 4.42% 4.45% 3.71% 4.63% 0.60% 0.60% Morro Bay 4.34% 2.67% 4.68% 4.60% 3.23% 5.58% 1.06% 1.06% Paso Robles 15.10% 7.43% 15.77% 14.96% 18.81% 8.37% 10.25% 10.25% Pismo Beach 2.74% 0.47% 3.24% 3.07% 1.44% 1.71% 1.06% 1.06% San Luis Obispo 12.58% 7.67% 13.94% 13.56% 12.09% 18.27% 10.49% 10.49% Unincorporated 40.94% 63.26% 34.45% 36.18% 37.96% 44.92% 55.82% 55.82% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% All Cities 59.06% 36.74% 65.55% 63.82% 62.04% 55.08% 44.18% 44.18% Unincorporated 40.94% 63.26% 34.45% 36.18% 37.96% 44.92% 55.82% 55.82% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% Net City Cost: 767,598 11,733 85,104 527,761 776,803 142,653 9,288 - Unincorporated: 532,155 20,200 44,730 299,140 475,207 116,361 11,737 - 1,299,754 31,933 129,834 826,901 1,252,011 259,014 21,024 - COUNTY OF SLO ANIMAL SERVICES DIVISION CITY CONTRACT FEE WORKSHEET FIELD SERVICE LICENSING SHELTER OPERATIONS EDUCATION COST ALLOCATION - FY 2017-18 FY 2016-17 *Added $2.00 from TTl alloc-cities for rounding purposes. Field Svcs Percentages Licensing Percentages Shelter Percentages Education Percentages TOTAL 124 of 138 North County Animal Shelter Serving the Cities of Paso Robles and Atascadero Scope of services (draft) 1) PASF obligations. Petaluma Animal Services Foundation shall perform the following duties. a) Shelter Services i) Operate the North County animal shelter whereat stray, owner surrendered, confiscated, quarantined and custodially impounded household pets are received and provided with appropriate care, housing, and shelter services in accordance with state regulations, local ordinances, and policies governing the humane treatment of such animals. ii) Provide services allowing sheltered animals to be returned to their owners, adopted into new homes, or to be humanely euthanized. iii) Provide for the publication of lost and found animal reports. iv) Provide for the humane euthanasia of household pets and for the disposal of their remains. v) Documentation will be kept on each animal brought in by an owner, other governmental agency or member of the public. An inventory will be maintained indicating the type of animal, breed, sex, license number (if applicable), microchip information (if available), the date the animal was received, from whom the animal was received, the date a notification was sent and the final disposition of the animal. vi) Standard Vaccinations/Microchip scanning: All cats and dogs will be vaccinated upon intake; Dogs will receive intranasal Bordatella and DHPP. Cats will receive the FVRCP vaccination. All dogs and cats shall be scanned for the presence of a microchip. PASF staff shall initiate the search for an owner through the microchip vendor. vii) Animal Owner Notification: Owners shall be notified as soon as possible in a manner set forth by state or local law, rule, or ordinance or as set forth by PASF if no such law, rule or ordinance exists. viii) Quarantined Animals: PASF shall document and monitor all animals under quarantine. When necessary, obtain a lab sample of the animal; prepare the necessary paperwork to accompany the sample to the health department for testing. ix) Licenses: PASF shall sell dog licenses and process all options of animals. PASF shall retain all revenue from these programs. 125 of 138 x) Foster programs: PASF shall develop, maintain and implement a Foster care program for cats and dogs. xi) Emergency veterinary services: PASF shall be solely responsible for the costs associated with veterinary services and treatment of sick or injured domestic animals. b) Field Services i) Receive and respond to public calls for service related to alleged violations of local or state codes pertaining to the care, keeping, treatment, and management of animals. ii) Provide for the response to any of the following circumstances 24 hours a day, seven days a week: (1) Domestic animals posing the active and present threat to public safety (2) Domestic animals which are severely injured, ill, or in eminent risk and whose owner is unknown or unavailable. (3) Domestic or wild animals demonstrating signs of possible rabies infection. (4) Calls for assistance from law enforcement or emergency response personnel. (5) Reported animal bites where the animal remains in the area unconfined and the owner is unknown or unavailable. (6) Loose livestock roaming on roadways or other public areas. (7) Calls for service routing: PASF will handle and dispatch all calls for service received for appropriate animal related services during normal business hours of the shelter. After hours calls for service will be received by the local police department and emergency requests (1-6) will be forwarded to the on-call animal control officer. Non-emergency after hours calls for service will be forwarded to a recorded line at the animal shelter for follow up the next business day. 126 of 138 iii) Provide for the response to any of the following during Animal Services normal business hours: (1) Pick-up and impoundment of unlimited number of stray confined, domestic animals. (2) Pick-up and disposal of unlimited numbers of dead domestic animals from roadways, parks, and other public areas. (3) Pick-up and transfer to shelter of owned animals for surrender or euthanasia. (4) Pick up of dead owned animals for disposal. iv) Provide for the necessary medical treatment and emergency care for domestic animals picked up by Animal Services personnel and for those domestic animals presented directly to veterinarians by private citizens and emergency personnel. v) Provide for the receipt, processing and investigation of animal bite reports as well as the subsequent quarantine of animals in accordance with state codes pertaining to rabies control. vi) Receive and respond to reports of animals, domestic or wild, which are suspected to be rabid or to have been exposed to rabies infection and attempt to affect their capture. Captured animals will be processed in accordance with state codes pertaining to rabies control. vii) Receive and process all applications related to the keeping and sale of household pets; inspect and regulate permitted operations in accordance with local and state codes. viii) Provide for the recording, investigation, administrative hearings, and issuance of findings and orders related to animal nuisances, animal seizures or confiscations, and dangerous or vicious animals. Nuisances which remain unresolved following the issuance of an abatement order will be processed through the City Attorney’s office. ix) Assist in the preparation and filing of court documents related to the civil and/or criminal prosecution of cases involving violation of municipal codes pertaining to the care, treatment, and keeping of domestic animals. x) Provide for the preparation, filing and civil or criminal prosecution of cases involving violations of California state codes pertaining to the care, treatment, and keeping of domestic animals. 127 of 138 c) Reporting: Provide to the Cities bi-annual service activity and financial reports reflecting field services, licensing, shelter operations, and humane education programs. Reports will detail this information for both the individual quarter and year-to-date. 2) City Obligations. The cities shall perform the following duties. a) Ordinance Conformity: Adopt, either by direct incorporation in the municipal code or by way of reference, animal control ordinances which are in conformity to and are not in substantial conflict or in variation from each other. b) Prosecution of Municipal Code Violations: Through the City Attorney(s), provide for the preparation, filing and civil or criminal prosecution of cases involving violation of municipal codes, pertaining to the care, treatment, and keeping of animals, including all such codes incorporated into the municipal code by way of reference. c) Assistance: Provide such assistance and support to Animal Services personnel as may be reasonably necessary to safely and effectively execute the operations required by this contract within the City limits. 3) Animal Care and Control Coordination Group: PASF and the Cities agree to meet and confer periodically, along with any other parties contracting for like services, to discuss current issues as they relate to the fiscal and practical application of this contract. Such meetings shall be coordinated by the Animal Shelter Manager from time to time as becomes necessary, but no less than once annually. 128 of 138 Petaluma Animal Services Foundation Revenue forecast based on current operations of similar size in our current facitlity in Petaluma Licensing Animal Licenses 175,000 175,000 Adoption (Animal Placement)32,000 32,000 Clinic: Microchip 1,000 1,000 Cremation 2,000 2,000 Redemption 10,000 10,000 Surrender 10,000 10,000 ACO Fees 2,000 2,000 City Contracts 502,000 502,000 TOTAL REVENUE 734,000 - 57,000 175,000 - 502,000 - 734,000 0 57,000 175,000 0 502,000 0 1 Shelter Manager 85,000 85,000 - - 3% SIMPLE mach 2,550 - - - - 2,550 13% Payroll costs 11,050 11,050 Medical Stipend 6,000 - - - - 6,000 2 Animal Control Offiers @ $27/hour 116,000 116,000 - - 3% SIMPLE mach 3,480 - - 3,480 13% Payroll costs 15,080 - - - 15,080 Medical Stipend 6,000 - - - - 6,000 1 Customer Service Rep @ $18/hour 38,000 38,000 - - - 3% SIMPLE mach 1,140 - - - 1,140 13% Payroll costs 4,940 - - - - 4,940 Medical Stipend 6,000 - - - - 6,000 2 Kennel Techs @ $14/hour 66,000 - 66,000 - - - 3% SIMPLE mach 1,980 - - - - 1,980 13% Payroll costs 8,580 - - - - 8,580 Medical Stipend 6,000 - - - - 6,000 Adoption Coordinator 52,000 - 52,000 - - - 3% SIMPLE mach 1,560 - - - - 1,560 13% Payroll costs 6,760 - - - - 6,760 Medical Stipend 6,000 - - - - 6,000 25% Executive Director Salary 35,880 35,880 SALARIES WAGES BENEFITS 480,000 116,000 241,000 - - - 123,000 - Professional Services - Outside Medical Contract 78,000 78,000 Food 20,000 20,000 Microchips 7,500 7,500 Medical supplies 7,500 7,500 - Operations - Facilities Insurance 25,000 25,000 Auto Expenses 30,000 30,000 Uniforms 3,000 3,000 Office Expense 25,000 25,000 Animal Supplies 10,000 10,000 Advertising & Promotion 2,000 2,000 - Meetings & Events - Fundraising 10,000 10,000 - Occupancy - Utilities 10,000 10,000 Telephone & Internet 10,000 10,000 Equipment Maintenance 9,000 9,000 Building Maintenance 10,000 10,000 - - - SHELTER OPERATIONS & FUNDRAISING 257,000 33,000 59,000 - 93,000 - 72,000 737,000 149,000 300,000 - 93,000 - 195,000 3,000 149,000 243,000 (175,000) 93,000 (502,000) 195,000 Administration GRAND TOTAL OF ALL REVENUE ACCOUNTS GRAND TOTAL OF ALL EXPENSE ACCOUNTS NET PASF COST ANIMAL SERVICES PROPOSED BUDGET BUDGET TOTAL Field Services Shelter Operations Shelter Medical City Contract 129 of 138 ~. :CALIFORNIA ' f ' ''" - October 25, 2017 Atascadero Mayor and City Council City Hall 6500 Palma A venue Atascadero, CA 93422 Paso Robles Mayor and City Council City Hall 1 000 Spring Street Paso Robles, CA 93446 ARROvo GRANDE CALIFORNIA Dear Mayor O'Malley, Mayor Martin and Council Members, After an extensive series of discussions and negotiations spanning the course of over two years, the County of San Luis Obispo and cities of Atascadero, Arroyo Grande, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo were successful in developing an agreement dated February!, 2017 (the "Agreement") for the allocation of construction and financing costs for a new animal shelter to be located at 865 Oklahoma A venue in San Luis Obispo. This Agreement represents a significant collaborative and joint effort to ensure the construction of a new shelter. The new shelter would provide animal care and control services to residents of the seven cities and the County in a facility that would be consistent with current humane standards and public expectations. By agreeing to work together to construct the shelter, all of the agencies benefit from the economies of scale of sharing both capital and service costs for a new facility, which would not be feasible for most of the individual agencies. Under the Agreement, each agency is apportioned a percentage of the estimated costs to construct the shelter based on the average use of the existing shelter from 2012-2015 by each agency. After much work has gone into creating and ratifying this agreement, the City of Arroyo Grande is troubled and concerned to hear that the cities of Paso Robles and Atascadero are reconsidering their continued participation in the construction of the shelter. If the cities of Paso Robles and Atascadero withdraw from the Agreement, the portion of the costs attributed to the withdrawing parties will be spread among the remaining agencies. Based on the allocation formula set forth in the Agreement, the City of Paso Robles's share comprises 18.81% of the total cost and the City of Atascadero's is 14.3%. Together, they represent approximately 33% of the total cost of the $13.3 million construction project or $4.4 million. Other than the unincorporated areas of the County (at 37.96%), these two cities bear the largest shares of the allocation. If Paso Robles and Atascadero withdraw from the Agreement, the resulting impact to the City of Arroyo Grande's total costs would be an increase of almost $600,000. OFFICE OF THE MAYOR • 300 E. Branch Street • Arroyo Grande, California 93420 Phone: (805) 4 7 3-5400 • FAX: (805) 4 7 3-0386 • E-mail: agcity@arroyogrande.org • Website: www.arroyogrande.org 130 of 138 October 25, 2017 Page 2 Your potential last minute decision to withdraw after two years of honest and fair negotiations is damaging to your fellow cities in the following ways: 1. Withdrawal by Paso Robles and Atascadero may force the City of Arroyo Grande and other cities to also withdraw from the Agreement due to an inability to absorb the increase in costs. Such a decision could threaten the viability of the entire project. Thus diminishing the ability of all citizens of the County to receive this important service. Sharing the costs of construction ensures a shelter meeting current industry standards will be built, which will benefit all of the communities involved. As was pointed out by the Executive Director of Woods Humane Society in her letter to the San Luis Obispo Tribune dated October 6, 2017, "[t]his economy of scale allows the shared usage of a sheltering facility, field officer response and the assurance that resources are available to respond to disasters and large-scale seizures. It gives the public a single point of contact for response and relieves local municipalities from the call volume, concerns and complaints that can arise related to animal issues." 2. Your fellow cities now have to make last minute and speculative choices as opposed to well-reasoned decisions that can identify, analyze, and compare alternatives and find solutions that improve all the communities in this County. 3. This last minute change of course may also be damaging to future collaborative regional and countywide efforts. 4. This action is wasteful to taxpayers county-wide. Two years of staff time, involvement of lawyers to make the agreement, and hours of public testimony may be jeopardized by changing course. We believe that your cities will fare much better staying in the Agreement and working to find cooperative solutions and not forcing your fellow communities to make quick decisions and be penalized by cost increases. The City of Arroyo Grande asks the cities of Paso Robles and Atascadero to stay the course and not withdraw from the Agreement. The Agreement is the result of significant efforts by eight public agencies coming together with the common goal of providing a new animal shelter to replace the current shelter, which is in poor condition, outdated and no longer meets current industry standards for sheltering animals. To withdraw at this point in time will leave the remaining agencies in jeopardy of being unable to move forward with the project. Sincerely, ~If flim Hill Mayor, City of Arroyo Grande 131 of 138 October 25, 2017 Page 3 c: County of San Luis Obispo City of Grover Beach City of Morro Bay City of Pismo Beach City of San Luis Obispo 132 of 138 133 of 138 134 of 138 135 of 138 DRAFT LETTER B – CONDITIONAL WITHDRAWAL October 30, 2017 Guy Savage, Interim County Administrative Officer Rita Neal, County Counsel County Government Center San Luis Obispo, California 93408 Paso Robles, California 93446 Re: Countywide Animal Shelter – Notice of Conditional Withdrawal from Agreement Dear Mr. Savage and Ms. Neal, The cities of Atascadero and Paso Robles recently expressed concerns regarding the apportioned construction and operating costs of the proposed countywide animal shelter, which will significantly increase overall costs above current levels and result in significant impacts to our respective budgets. Jointly, the North County cities have been investigating alternatives to determine whether or not a North County animal shelter would be a practical solution that would serve our mutual best interests. Based upon our Council’s review of that analysis, we have determined that it would be in the City of Atascadero’s best interest to conditionally withdraw from the County Agreement. However, should the City of Paso Robles decide not to withdraw from the Agreement, the City of Atascadero has determined that it will then not be feasible for the City of Atascadero to withdraw from the Agreement. In order to effectuate timely notice prior to October 31, 2017 as set forth in Section 8(a)(i) of the Agreement, the City of Atascadero hereby submits this Conditional Notice of Withdrawal. Thank you for having taken the lead on this important project, for the cities as well as the unincorporated areas. Sincerely, Rachelle Rickard City Manager cc: the City Managers/Administrative Officers and City Attorneys of: Arroyo Grande Atascadero Grover Beach Morro Bay Pismo Beach San Luis Obispo 136 of 138 Page 1 of 2 MUTUALLY AGREED UPON TENANTS FOR A FUTURE AGREEMENT BETWEEN THE CITIES OF ATASCADERO AND PASO ROBLES, CALIFORNIA FOR CONSTRUCTION OF A NORTH COUNTY ANIMAL SERVICES SHELTER THIS AGREEMENT, dated for reference as of October 30, 2017 (the “Agreement”), is entered into by and between the CITY OF ATASCADERO, a municipal corporation, (“Atascadero”) and the CITY OF EL PASO DE ROBLES, a municipal corporation (“Paso Robles”) (each, a “Party,” and collectively, the “Parties”). RECITALS The Parties are parties to a separate Contract for Animal Care and Control Services (“Services Contract”) effective as of July 1, 2016 and expiring, unless sooner terminated, on June 30, 2019, pursuant to which the County of San Luis Obispo (“County”) provides animal control services within the jurisdictional boundaries of each of the cities. In conjunction with and pursuant to the Services Contract, the County operates an existing animal services shelter located at 885 Oklahoma Avenue in San Luis Obispo, California. Owing to the obsolescence of the existing shelter, it is necessary for the County to construct a new animal services shelter. The Parties entered into a separate Agreement with the County and other cities within the County, for the Allocation of Construction and Financing Costs for an Animal Services Shelter effective for the period of January 5, 2017 until all parties to the agreement have paid total project costs for the construction of the new shelter. In order to ensure the best results for its citizens, the Parties decided to analyze the desirability and financial feasibility of constructing a North County Animal Services Shelter (the “Shelter”). Based on the results of that analysis, both Atascadero and Paso Robles have determined to withdraw from the new agreement with the County and other cities within the County to share in the cost of constructing and operating new Animal Services Shelter, but, in full understanding of the urgent need to have a facility available in a timely manner to provide such services for Atascadero and Paso Robles, have decided to jointly proceed with the construction and operation of the Shelter and associated field services. The Shelter would not be cost effective to construct and/or operate by only one of the Parties The Parties acknowledge and agree that the decision to proceed with the Shelter is wholly dependent upon the collaboration and sharing of costs by the Parties for the construction and operation of the Shelter. Therefore, it is important for the two Parties to proceed together, with each having the reasonable assurance that the other will also proceed. The Parties enter into this Agreement to memorialize their participation and corresponding obligations with regards to the Shelter, with the understanding that a more detailed agreement shall be negotiated and agreed upon. NOW, THEREFORE, the Parties agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 137 of 138 Page 2 of 2 2. Cooperation; Allocation of Costs. Atascadero and Paso Robles each commits to cooperate with and participate collaboratively with the other for the design, construction, and operation of the Shelter. The Parties agree that each shall be responsible for paying a pro rata share of the costs incurred by the Parties with respect to the construction of the Shelter, use of the Shelter, and field services. The pro rata share of each Party will be a mutually negotiated and agreed-upon amount. 3. Termination. Neither Party may withdraw from this Agreement prior to the completion of the Shelter’s construction. Following construction of the Shelter, if either Party determines to withdraw from this Agreement, it shall provide a minimum of three (3) year’s written notice to the other Party. Such withdrawal shall not be effective unless and until the withdrawing Party has paid the other Party (i) its entire allocation of the Total Project Costs, (ii) its full share of shelter use and field services costs incurred prior to date of withdrawal, plus (iii) two (2) times its share of costs incurred during the twelve (12) months prior to the date of its notice of withdrawal. Notice shall be deemed received on the date of personal delivery, or if mailed by U.S. mail, five (5) days after date of mailing. 4. Animal Services Operations. A North County Animal Services Board of Directors shall be created for the governance of the North County Animal Services. Governance shall be split equally between the Parties. An Operations Committee comprised of the Shelter’s Executive Director or his/her designee and a subset of the Parties Police Chiefs or their designees shall also be formed. 5. Good Faith Efforts. The Parties shall each act in good faith in performing their respective obligations as set forth in this Agreement and shall work diligently to negotiate an agreement to more fully set forth their respective rights and obligations with respect to allocation of costs and the design, construction and operation of the Shelter and Field Services. 6. Amendment. This Agreement may be amended only in writing, signed by an authorized representative of each Party. IN WITNESS WHEREOF, by their execution below, the Parties agree to be bound to the obligations stated herein, and the Parties have caused this Agreement to be subscribed by each of their duly authorized officers and attested by their respective Clerks. Dated: _______________ CITY OF ATASCADERO _____________________ ____________________________ City Clerk By: Dated: _______________ CITY OF PASO ROBLES _____________________ ____________________________ Deputy City Clerk By: 138 of 138