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CC Resolution 2003-107RESOLUTION NO. 2003-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING THE PROVISIONS PERTAINING TO THE CREATION AND DUTIES OF THE COACHELLA VALLEY ANIMAL CAMPUS COMMISSION AND CONSENTING TO AN AMENDMENT TO THE RIVERSIDE COUNTY CODE TO INCLUDE SAID PROVISIONS WHEREAS, The County of Riverside, the Riverside County Palm Desert Financing Authority, the cities of Desert Hot Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, Coachella and La Quinta (the "Member Cities"), the nonprofit group -Animal Samaritans and the Coachella Valley Association of Governments ("CVAG") are cooperating in the development and operation of the Coachella Valley Animal Campus (the "Animal Campus"); and WHEREAS, the Animal Campus will be a state of the art animal shelter serving the needs of the Coachella Valley community and the Member Cities in caring for and fostering respect and compassion for all animals; and WHEREAS, the Animal Campus is scheduled to begin construction in early 2004 with completion by the end of 2004; and WHEREAS, the Animal Campus Bylaws Committee, made up of representatives of the Member Cities and the County of Riverside, approved placing the Animal Campus under the umbrella of the County of Riverside and its administration under a body being made up of elected officials being appointed by the city councils of the Member Cities and the Riverside County Board of Supervisors; and WHEREAS, the administrative body that will be appointed by the city councils of the Member Cities and the Riverside County Board of Supervisors shall be known as the Coachella Valley Animal Campus Commission; and WHEREAS, the Animal Campus Bylaws Committee has formally approved the proposed amendment to the Riverside County Code that sets forth provisions pertaining to the formation and duties of the Coachella Valley Animal Campus Commission as set forth in Exhibit "A"; and WHEREAS, the Animal Campus Bylaws Committee is requesting that all of the Member Cities approve the substance of Exhibit "A", and consent to amending the Riverside County Code to include the substance of Exhibit Resolution No. 2003-107 Coachella Valley Animal Campus Provisions Adopted: November 18, 2003 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES HERBY RESOLVE AS FOLLOWS: SECTION 1: That the City Council of the City of La Quinta approve the substance and text set forth in Exhibit "A" and consents to amending the Riverside County Code to include the provisions of Exhibit "A". SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book for original Resolutions of the City; and make a minute passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which this Resolution is passed and adopted. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 181h day of November, 2003, by the following vote: AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Perkins ABSTAIN: None 1j, - ON ADOLPH, M or City of La Quinta, California ATTEST: JUN . GREEK, CMC, City Clerk City of La Quinta, California (City Seal) Resoki ion No. 2003-107 CoacheNa VaNey AnkW Campus Provisions Adopted: Noven*w 18, 2003 Page 3 APPROVED AS TO FORM: . KA HE E ENSON, ty Attorne City of La Quinta, California EXHIBIT A Title 6 ANIMALS Chapter 6.18. COACHELLA VALLEY ANRvIAL CAMPUS CO1V MMSION Sections 6.18.010 Office Created 6.18.020 Purpose and Intent .6.18.030 Membership — Appointment 6.18.040 Selection -of Commissioners 6.18.050 Alternate Commissioner 6.18.060 Term. of Office 6.18.070 Vacancies 6.18.080 Removal from Office 6.18.090 Duties and Powers 6.18.100 Commission. Subject to Ralph M..Brown Act 6.18.110 Quorum 6.1.8.120 Agenda 6.18.130 Order of Meetings 6.18.140 Motions - 6.18.150 Adjourned Meetings 6.18.160 - Special Meetings 6.18.170 Study Session — Workshops 6.18.180 Committees of Animal Campus Commission 618.190 Meetings and Actions of Committees .6.18.200 Fees and Compensation of Commissioners 6.18.210 Attendance at Meetings 6.18.220 Personnel 6.18.230 Principal Office 6.18.240 Other Offices 6.18.250 Principal Territory 6.18.260 Extension of Service -6.18.010 Office Created There is established a commission to be - known as the "Coachella Valley ' Animal Campus Commission" '(hereinafter "Animal Campus Commission). 6.18.020 Purpose and Intent The purpose of the Animal Campus Commission shall oversee the operation of the Coachella Valley Animal Campus to create a community of no more homeless, unwanted or lost animals. The Animal Campus Commission pledges to the community to: Resolution No. 2003-107 / Coachella Valley Animal Campus Provisions A. Foster a caring environment of respect, responsibility and compassion for all; B. Provide humane sheltering; C. Provide education to undertake and collaborate with Animal Samaritans --and other animal welfare organizations for educational programs for the care and treatment. of animals; D. - Reunite pets and owners; and 1. Promote an aggressive adoption campaign. 6.18.030 Membership — Appointment The Animal Campus Commission shall consist of one (1) .elected official appointed by the respective City Council of each signatorycity. The County Board of Supervisors of the Fourth .and Fifth Districts shall serve until his/her successor has been appointed by the Board of Supervisors. The President of the Animal Samaritans SPCA, Inc. or his/her designee shall also serve on -the Animal Campus Commission in ex-officio capacity. 6:18.040 Selection of Chairperson and Vice -Chairperson The Animal Campus Commission shall elect a chair and a vice -chair at its first meeting and thereafter at the regular meeting of the Animal Campus Commission held in. January of each succeeding year. In addition to the chair and vice chair, the Animal Campus Commission may appoint persons to serve on committees deemed necessary in order to effectuate the purpose of the Animal Campus Commission. A. Chairperson. A Chairperson shall preside at meetings of the Animal Campus Commission and exercise and perform such other powers and duties as may be, from time to time, assigned to him/her by the Animal Campus Commission. The Chair shall serve as an ex-officio member of all committees of. the Animal Campus Commission. B. Vice -Chairperson. In the absence or disability of the Chairperson, the Vice - .Chairperson, as -designated by the Animal Campus Commission, shall perform all duties of the Chairperson, and when so acting shall have all the .powers of, and be subject to all the restrictions upon the Chairperson. The Vice -Chairperson shall have such other powers and perform such other duties as from time to time may be prescribed for them respectively by the Animal Campus Commission or the Chairperson. 6.18.050 Alternate Commissioner In addition to the commissioners referenced in Section 6.18.030 an alternate member for each jurisdiction shall be appointed by the respective City Council of each signatory city and may be an elected official/or city appointed representative with voting* powers from the signatory jurisdiction. Resolution No. 2003-107 / Coachella Valley Animal Campus Provisions 6.18.060 Term of Office F Animal Campus commissioners shall serve until the earlier of: w A. Their office becomes vacant pursuant to Sections 6.18.070, B. They are removed from office pu suw to Section 6.18.080; or C: Their office becomes vacant due to said commissioner vacating -their elected office. 0 6.18.070 Vacancies A vacancy on the Animal Campus Commission is the responsibility. of the affected member jurisdiction of which there is no representation on the Animal Campus Commission. When the death or resignation of any commissioner occurs, the Animal Campus Commission Chair shall ask that another appointment be made. 6.18:080 Removal from Office The County Board of Supervisors and the City Councils of the member jurisdictions may remove their respective -member of the Animal Campus Commission from office at .any time during his/her term, provided that a respective replacement commissioner is appointed by said County Board of Supervisors or City Councils. 6.18,090 Duties and Powers The Animal Campus Commission shall have the following major duties and powers: A. Establish Mission Statement for the Animal Campus Commission; B..Review and recommend a budget for the .Animal Campus Commission; C.. Establish policies for -the operation of the Animal Campus, maintain policy compliance, receive public comments and respond to complaints; D. Establish Policies and Administrative Regulations for responding to complaints; such Policies and Administrative regulations shall include, but not. be limited to, a Procedure for referring civil claims to County Counsel, County Risk Management, or other applicable County Departments as deemed necessary, E. Oversee 6 year County contract for operations and maintenance of shelter; F. ' Establish & manage a fund-raising arm and grant writing component for public donations and develop and volunteer program; G. Notify member jurisdictions of vacancies on the Animal Campus Commission and fill any vacancies on Resolution No. 2003-107 / Coachella Valley Animal Campus Provisions i. any committee; H. Advise county on amending -any sections of this Chapter or repealing this Chapter in its entirety; I. Amend or repeal any resolution of the Animal Campus Commission or the members of these committees; J. Appoint any other committees of the Animal Campus Commission or the members of these committees; K. Observe Conflict of Interest Code; and L. Undertake such activities .as may be necessary in order to provide animal control services within the serviced cities and unincorporated areas of the county. 6.18.100 Commission Subject to Ralph M. Brown Act The Commission shall- provide for its regular, adjourned regular and special meetings and such further meetings as the signatory cities may reasonably request depending upon the pressures of business. The dates upon which, and the hour and place at which, any regular meeting shall be held shall be fixed by Resolution of "the Commission, and a copy of such Resolution shall be filed with each of the parties hereto. All meetings of the Animal Campus Commission shall comply with and be held in accordance with the provisions of the Ralph M. Brown Act as -it presently exists or may be from time to time amended, commencing with Section 54950 of the California Government Code. Minutes of the meetings of the Commission shall be maintained . and copies of the same filed with the County Clerk and the Clerk of the signatory cities. Public Notice of these meetings . shall be required. 6.18.110 Quorum A majority of the authorized number of commissioners shall constitute a quorum for the transaction of business, except to adjourn as provided in Section 6.18.150. Every act or decision done or made by a majority of the commissioners present at a meeting duly held. at which"a quorum is- present shall be regarded as the act of the Animal Campus Commission. A meeting at which a quorum is initially present may continue to . transact. business, notwithstanding the withdrawal of commissioners, if action taken is approved by at least a majority of the required quorum for that meeting. 6.18.120 Agenda A. An agenda for each meeting of the Animal Campus Commission shall be prepared by the County Health Director or his/her designee; Resolution No. 2003-107 / Coachella Valley Animal Campus Provisions B. There shall be attached to each agenda a report of matters pending action by the Animal Campus Commission. 6.18.130 Order of Meetings A. The order of business of the Animal Campus Commission shall be as follows: 1. 'The Chairperson shall take the chair precisely at the hour appointed for the meeting and shall immediately call the Animal Campus Commission to order, 2. Commissioners present and absent shall be recorded; 3. Staff shall be asked for any updates on the agenda; 4. The minutes of any ping Animal Campus Commission meeting shall be submitted for approval; 5. The Chairperson shall ask whether any member of the audience wishes to comment on any matter which is not listed on the agenda; 6. The Chairperson shall advise the audience of the procedures to. be followed at the meeting; 7. The Animal Campus Commission shall then hear and act upon those items I scheduled . for consideration or public hearing, together with such other matters of business and reports as the Animal Campus Commission or County Health Director finds to require Animal Campus Commission consideration; 8. Adjournment. B. Presentation of Public Hearing items. The following shall -be the order of procedure for public hearings concerning Animal Campus matters. 1. The Chairperson. shall announce -the • subject .of the public hearing, as advertised; 2. If a request is made for continuance, a motion may be made and voted on to continue the public hearing to a definite time and date; 3. The Chairperson shall ask staff to present the substance of the matter, staff report and recommendations on- the public hearing item and to answer any questions of the -Animal Campus Commission; 4. Order of testimony. The order of -testimony shall be as follows; a. Proponent's statements; Resolution No. 2003-107 1 Coachella Valley Animal Campus Provisions b. Opponent's statements; c. Rebuttal; d. The Chairperson shall close thee public hearing; S. The Animal Campus Commission shall then deliberate and either determine the matter or continue the matter to another date and time certain; 6.- Rules of testimony. The rules of testimony shall be as follows: a. Persons presenting testimony to the Animal Campus Commission shall give their name and address for the record; b. If there are numerous people in the audience who wish to speak on the issue, and it . is known that -all represent the same opinion, . a spokesman should be selected to speak for the entire group. The spokesman shall have - the to to address the Animal Campus Commission for. a reasonable length of time, presenting a complete case; C. To avoid unnecessary cumulative evidence, the Chairperson may limit the time of testimony on a.particular issue; d. Irrelevant and abusive comments by witnesses or commissioners and . off -subject comments shall be ruled out of order; e. The Chairperson shall not permit any complaints regarding staff or individual commissioners during a public hearing. Complaints. should -be submitted in writing to the County Health Director and/or presented verbally as a separate item of the agenda; f. No person shall address the Animal Campus Commission without 'first securing the permission of the Chairperson to do so; g. All comments shall be placed through the Chairperson; h. No commissioner shall be interrupted while said commissioner has - the floor without a compelling cause.. 6.18.140 Motions A. Voting Requirements. 1. A quorum shall consist of a majority of the authorized number of commissioners; Resolution No. 2003-107 / Coachella Valley Animal Campus Provisions 2.. An affirmative vote .of -the majority of the quorum is necessary for the Animal Campus Commission to take action; 3. When a commissioner abstains. from voting on any -.matter before the Animal Campus Commission, that vote shall not constitute nor be considered as either a vote in favor .of or in opposition to the matter being considered A deadlock vote shall constitute no action: Such final deadlock votes shall be referred to the County Board of Supervisors. B. Recording of Votes. The minutes -of the Animal Campus Commission's proceedings shall show the vote of each- commissioner, including if they were absent or failed to vote on a matter considered. C. Disqualification from doting. A* commissioner shall disqualify himself/herself from- voting- in accordance with .the State of California Conflict of Interest Code. When a person disqualifies himself/herself, he/she shall state prior to the consideration of such matter by the Animal Campus Commission that he/she is: disqualifying himselflherself due to a possible conflict of interest and shall then leave the voting area. D. . Ex Parte Contacts with Regard to an Item Before the .Animal Campus Commission.. The commissioners shall advise the balance of the Animal Campus Commission with regard to the content of any outside contact with third parties, which contact relates to an item before the Animal Campus Commission. This excludes contacts with staff, county counsel - or city - attorneys. Such contacts and their content should be disclosed to the .balance of the Animal Campus Commission before the Animal Campus Commission takes action on the an item to which the contact relates. E. A commissioner of the Animal -Campus Commission, who has been absent during a prior public hearing with respect to an item should, but is not required to, review the record of . . said public hearing before voting with regard to that item. 6.18.150 Adjourned Meeting's A majority of the commissioners present, whether or not constituting a quorum; may adjourn any meeting to another tune and.place. Notice of the time and place of bolding an adjourned meeting need not be given, unless the meeting is- adjourned for more than twenty-four (24) hours, or a matter before the Animal Campus Commission constitutes a public herring, in which case notice of the time and place. shall be given beforethe time of the adjourned meeting. 6.18.160 Special Meetings Special meetings of theAnimal Campus Commission may be held at any time upon the call of the Chairperson, Vice -Chairperson or by three (3) of the voting members of the Animal Campus Commission or upon request of the County Board- of Supervisors or of a City Council of a signatory jurisdiction. Notice of the time and place of special meetings shall be given to each commissioner by one of the following methods: (a) by personal delivery of written notice; (b) by Resolution No. 2003-107 / Coachella Valley Animal Campus Provisions first-class mail; (c) by telephone communication, either directly -to the- commissioner or to a Person at the commissioner's office who would reasonably be expected to communicate such notice promptly to the commissioner, or (d) by electronic mail. Notices sent by first-class mail shall be deposited into a United States mail box at least forty-eight (48) hours before the time set for the meeting.. Notice shall also be given. to the press at least forty-eight (48) hours before the time set for the meeting. The notice shall also specify the purpose of the meeting, and the place of the meeting. - 6.18.170 Study Session — Workshops A. The Animal Campus Commission may be convened as a whole or as a committee of the whole in the same manner as prescribed- for the calling of a special meeting for the purpose of holding a study session; provided, however, that no official action shall be taken and no quorum shall be required. B. Study sessions shall be. open to the public. 6.1.8.180 Committees of Animal Campus Commission A. The Animal Campus Commission may, by a majority of the vote .of the commissioners, designate one or more committees, each consisting of a maximum of three (3) commissioners, should commissioners be appointed to said committee, to serve at the pleasure of the Animal Campus Commission. All members of any committee -which exercises any authority of the Animal- Campus Commission shall be members of the Animal campus Commission. Subject to limitations set forth in this section, any committee, to the extent provided by the Animal Campus Commission, shall have all -the authority of the Animal Campus Commission, except that no committee may: 1. Fill any vacancies on any committee; 2. Amend or repeal any resolution of the Animal Campus " Commission or the members of these committees; 3. Appoint any other committees of the Animal Campus - Commission or the members of these committees; B. There shall be no permanent ad hoc committees. C. Responsibilities and objectives of any committee shall be specified at. the time of the creation of the committee. D. Committees shall be dissolved upon the completion of their responsibilities and objectives or ..upon the request of the. Chairperson of the Animal - Campus Commission with the concurrence of a majority vote of the Animal Campus Commission. E.. Committee members shall not receive compensation. Resolution No. 2003-107 / Coachella Valley Animal Campus Provisions 6.18.190 Meetings and Actions -of Committees - Meetings and actions of committees shall be governed. by, and hold and taken in accordance with, the provisions of this Chapter, concerning meetings of commissioners, with such changes in the context as are necessary to substitute the committees and its members for the Animal Campus Commission and. its members, except that the time for regular meetings of committees may be determined either by resolution of the Animal Campus Commission or 'by resolution of the committee. Special meetings of committees .may also be held by resolution of the Animal Campus Commission: Notice of special meetings or committees shall also be given to any and all alternate members, who shall have the right attend all meetings of any committee. The .Animal. Campus Commission may adopt rules or. the government of any committee not inconsistent with the provisions of this Chapter. 6.18.200 Fees and Compensation of Commissioners Commissioners shall not receive compensation for -their services.. Reimbursement for expenses may be determined by resolution of the Animal Campus Commission. 6.18.210 Attendance at Meetingj Commissioners and/or alternates are expected to .'attend all scheduled meetings. If a commissioner fails in this performance, the Mayor of the affected member jurisdiction will be notified. 6.18.220 Personnel The Animal Campus Commission may request from the county such county personnel as may be necessary to carry out the duties of the Animal Campus Commission, as provided by -the contracts with the member jurisdictions, 6.18.230 Principal Office The principal permanent office for the transaction of the business of -the Animal Campus Commission is located at. Del Norte, Thousand Palms, California The commissioners* may change the principal office from one location to another for meeting purposes. Notice shall be provided for any change of location for meeting purposes: in accordance with Section 6.18.160 of this Chapter. f .18.240 Other Offices The Animal Campus commissioners may at any time establish branch or subordinate offices at any or places where the Animal Campus Commission is qualified to do business. 6.18.250 Principal Territory The primary territory covered by the Animal Campus Commission shall be the jurisdictions Resolution No. 2003-107 / Coachella Valley Animal Campus Provisions including 'Cathedral City, Coachella, Desert Hot Springs, La Quinta, Rancho Mirage, Indian Wells, Palm Desert and the Unincorporated Areas of the Coachella Valley, but nothing herein is intended to restrict the activities -of the Animal Campus Commission to any other territory'. The service area of the Animal Campus Commission may be extended to other geographic areas by service contract between the County and the jurisdiction to be served, provided the Animal Campus has capacity to provide such services and that such services .are not subsidized by the members of the Animal Campus Commission. Recommendation of approval of such contract shall be by unanimous. vote of the Animal Campus Commission. and may be subject to such terms and conditions as' the Animal Campus Commission determines. 6.18.260 Extension of Service The Animal Campus Commission shall advise the County of Riverside in matters pertaining to extending the County of Riverside's animal control services to- other jurisdictions under the following circumstances and exclusive procedures: A. Extension of service area. Any public agency empowered by law to perform animal control services may join the Animal Campus provided said public agency enters into a "Coachella Valley Animal Campus Contract for Animal Shelter Services" with the County of Riverside. Should any new public agency enter into a contract for animal shelter services, said public agency shall be deemed a signatory city for all purposes pursuant to the provisions in this Chapter. Any such public agency desiring to join the Animal Campus shall present to the County of Riverside and the Animal Campus. Commission a resolution of its governing body expressing thatdesire. The County of. Riverside, with the advice of the Animal Campus Commission and the Riverside County Palm Desert Financing Authority (RCPDFA), shall determine whether there is sufficient capacity to provide such animal- control services, and if such -capacity exists, may enter into a contract for providing animal shelter services. In no event, shall such animal shelter services for .a new participating public agency be subsidized by any existing member public agencies of the Animal Campus Commission. Should a new public agency be .added as a member of the Animal Campus Commission, said public agency shall be accorded full rights and assume full duties under the provisions contained in this Chapter. B. Number of Animal Campus Commissioners. If the service area of the Animal Campus is extended pursuant to Section 6.18.270(A), the number of Animal Campus commissioners and alternate commissioners shall be adjusted to reflect the new member public agency and provided. in accordance with the provisions of this Chapter. PARNM0002-01 Contracts Admin\DO0rnch.aninW shelter -code P:\RNCH\0002-01 Contracts Admin\D00mch-animal shelter-code.doc . Resolution No. 2003-107 / Coachella Valley Animal Campus Provisions