City Council

LAKEWOOD CITY COUNCIL SPECIAL MEETING Monday, August 27, 2018 7:00 P.M. City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499 Page No. CALL TO ORDER ROLL CALL R E G U L A R A G E N D A NEW BUSINESS Executive Session Recess into Executive Session to discuss with legal counsel representing agency litigation pursuant to RCW 42.30.110(1)(i). ADJOURNMENT The Council Chambers is accessible to persons with disabilities. Equipment is available for the hearing impaired. Persons requesting special accommodations or language interpreters should contact the City Clerk’s Office, 253-983-7705, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us City Hall will be closed 15 minutes after adjournment of the meeting.  LAKEWOOD CITY COUNCIL STUDY SESSION AGENDA Monday, August 27, 2018 Following City Council Special Meeting City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499 ________________________________________________________________ Page No. CALL TO ORDER ITEMS FOR DISCUSSION: (4) 1. Review Pierce County Jail Contract. – (Memorandum) (12) 2. Animal Services Update. – (Memorandum) (33) 3. Review Puget Sound Energy Master Lighting Services Agreement. – (Memorandum) ITEMS TENTATIVELY SCHEDULED FOR THE SEPTEMBER 4, 2018 REGULAR CITY COUNCIL MEETING: 1. Youth Council Report. 2. Clover Park School District Report. 3. Proclamation declaring September 11, 2018 as Patriot Day and Day of Remembrance. – Chief Jim Sharp, West Pierce Fire & Rescue 4. Proclamation recognizing 80th Anniversary of Lakewood Playhouse. – Mr. John Munn, Managing Artistic Director 5. Appointing Parks and Recreation Advisory Board members. – (Motion – Consent Agenda) 6. Authorizing the execution of an agreement with Pierce County for jail services. – (Motion – Consent Agenda) 7. Authorizing the execution of an agreement with Puget Sound Energy for master lighting services. – (Motion – Consent Agenda) The Council Chambers is accessible to persons with disabilities. Equipment is available for the hearing impaired. Persons requesting special accommodations or language interpreters should contact the City Clerk’s Office, 253-983-7705, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us City Hall will be closed 15 minutes after adjournment of the meeting. Lakewood City Council Agenda -2- August 27, 2018 Page No. 8. Review Title 5 code amendments relative to business license regulations. – (Reports by the City Manager) 9. Economic Development Incentives Update. – (Reports by the City Manager) REPORTS BY THE CITY MANAGER CITY COUNCIL COMMENTS ADJOURNMENT TO: Mayor and City Councilmembers FROM: Michael Zaro, Police Chief THROUGH: John J. Caulfield, City Manager DATE: August 27, 2018 SUBJECT: Pierce County Jail Contract PURPOSE: The City of Lakewood (hereinafter, the “City”) currently books all arrestees for felony crimes in the Pierce County Jail. The agreement for services of the last 10 years expired at the end of 2017. Ongoing discussions about different contract provisions have caused delays in review and ratification of the new agreement. The new agreement is for a three year term and provides essentially the same service as the previous agreement with some changes in language and fee structure. Of note is language indicating jail staff “shall endeavor to complete the booking process within thirty (30) minutes per inmate”. This is a new provision that reflects a new focus on customer service. One thing notably absent is mention of video arraignment. Those discussions are still ongoing and if realized we anticipate an amendment to this agreement. The new rates are broken out in the chart below with Nisqually Jail rates (where we house most misdemeanants) listed for comparison. 2017 PC Jail rates 2018 PC Jail rates Current Nisqually rates booking $253.25 $53.90 $20 daily $103.55 $78.90 $65 court escort n/a $129.30 SIP $189.10 $180.40 mental health fee n/a $218.50 OTHER JAIL OPTIONS: As we are required to house felony offenders in the county jail, there is no other viable option available. RECOMMENDATIONS: Recommend entering into the agreement with Pierce County for jail services. ATTACHMENTS: Agreement for jail services with 2018 rate sheet. 1 4  AGREEMENT PROVIDING FOR THE PROVISION OF JAIL SERVICES BETWEEN THE CITY OF LAKEWOOD AND PIERCE COUNTY This Agreement, made and entered into by and between, the City of Lakewood, hereinafter referred to as the “City”, and the County of Pierce, hereinafter referred to as the “County”, under and pursuant to the provisions of Chapter 70.48.090 of the Revised Code of Washington. This Agreement supersedes any prior agreements entered into between the parties herein with regard to the terms and provisions set forth below. WHEREAS; the County operates and maintains the Pierce County Jail located at 910 Tacoma Avenue South, Tacoma, WA, adjacent to the County-City Building; and WHEREAS: it is in the best interest of the residents of the City and the County that services and facilities of the Pierce County Jail be made available by the County pursuant to RCW 70.48.090; NOW THEREFORE, it is agreed between the parties as follows: 1) Purpose: The County will undertake and does hereby covenant and agree that, as to each person presented for booking in the County Jail by the City, the County will perform all necessary services incident in the confinement, detention, booking and safekeeping of such persons. 2) Term: This agreement shall be in full force for three (3) years beginning January 1, 2018. Upon the expiration of the initial three (3) year term, the Agreement shall be extended automatically for a one year period on each anniversary date unless the parties have provided notice of intent to abandon the agreement. If either party desires to terminate the relationship created by this agreement, they must provide not less than ninety days written notice to the other party prior to the beginning of the calendar year (January 1). 3) Amendments: All provisions of this agreement, may be amended in writing at any time by the mutual consent of the parties hereto and such amendments shall take effect immediately. In the event of any conflict, inconsistency, or incongruity between the provision of this agreement and the provision of the amendment, the provisions of the amendment shall in all respects govern and control. 4) Access: The County shall provide access to City inmates for all City entities (i.e. prosecutor, court, etc.). 5) Refusal to Book/Turn-away: The County retains the right of refusal and/or book of City inmates due to space/capacity challenges and/or medical/mental health issues. 1|Page 5 6) Record Keeping: Both parties shall cooperate with each other to provide necessary records and information that either party can legally provide to ensure clear communication between the City and County. 7) Court Transport/Escort: “Transport” and “Escort” are terms used interchangeably and explicitly refer to the act of transporting an inmate to court and maintaining security while the inmate is in the courtroom. Transport and Escort fees within the Pierce County Jail will be provided at the rate referred to in the “Cost Exhibit” for court escort transports. This is only applicable to those transports within the Jail and/or County-City Building. 8) Booking: The County shall endeavor to complete the booking process within thirty (30) minutes per inmate booked. The time for booking under this Agreement begins to run when the inmate is brought face-to-face with the Booking Deputy. A booking is complete when the presence of the City police officer who brought the inmate to the Jail is no longer required and the officer is free to return to his/her other duties. 9) Inmate Processing: Inmate processing includes taking fingerprints and pictures of all inmates booked into the Jail. 10) City Inmate: For the purpose of this agreement, those inmates considered to be the responsibility of the City shall be defined as follows: a) City inmate means a person housed in the jail following an arrest by a City officer for a City ordinance violation, misdemeanor, or under a City municipal warrant. The term “City Inmate” shall apply retroactively to those persons arrested by a City Police Officer for violations of State law who are detained in jail for violation of a Municipal Ordinance or misdemeanor. It excludes an inmate held under warrants of other governments, and an inmate detained after a City hold has been released. 11) Definitions: a) The term “daily rate”, for the purposes of this agreement, shall include all costs connected with the maintenance, care and custody, health care, meals, housing, clothing, insurance, administration, rent, supplies, food, and any other related services for the detention of the inmate, including routine medical, pharmacy, mental health and dental treatment. Routine treatment is defined as those services which can be obtained through health care providers within the jail clinic facility. b) Any extraordinary or emergency medical expenses shall be the financial responsibility of the City. Extraordinary or emergency medical expense is any expense beyond that which is normally provided by the health care providers and/or security staff within the Jail facility, including costs for transporting the City inmate by ambulance to a hospital emergency room for medical care. c) Court escort fees shall be charged separately. d) The “daily rate” charge for the confinement and detention of a City inmate shall be applicable after said inmate has been confined in jail for five (5) hours within any twenty- four (24) hour period. e) The “booking rate” shall be the charge for the entire booking process which includes a medical assessment of the inmate. It includes registration, fingerprinting, photograph, 2|Page 6  inventory and safekeeping of personal property, and other functions established by the State. f) Mental health rates will be charged based on an inmate’s utilization of one of the following three criteria: 1) Utilization of mental health medications as prescribed and described by the prescriber; or 2) Utilization of specialized housing in the jail and described as “mental health housing”; or 3) Utilization of mental health professionals assigned specifically to the jail. The County agrees to notify the City within twenty-four (24) hours if the City inmate is utilizing these services to create an opportunity for the City to arrange alternatives to incarceration under the City’s discretion. 12) Payment/Reimbursement: The rates/fees established for each calendar year of this agreement are subject to annual cost-of-living adjustments. The rates will be adjusted annually in January of each year based on the proportional percentage cost increase or decrease over the prior year (base year) for the following cost factors: 1) salaries; 2) health, pension, workers compensation; 3) post coverage, 4) services (i.e. mental health, medical, food, etc.), 5) special identification process, 6) supplies, 7) utilities, 8) insurance. The percentage increase in each line item shall be allocated to the cost-of-living adjustment based upon the proportion that each individual line represents of the total costs (the sum total of the above line items). Prior to making any cost-of-living adjustments in rates, the County will provide the City with an itemized accounting of the cost allocations for each line item. Both parties shall review the costs allocated to each line item and mutually agree to the annual percentage increase for each line item to the total costs, and the calculation of the annual cost-of-living adjustment. In the event that the actual costs for line item no. 1 (salaries) is not known at the time of the calculation of the annual cost-of-living adjustment, the parties will agree upon a reasonable estimated percentage increase in costs and proportional allocation to be utilized in the calculation of the cost-of-living adjustment. The parties agree that, at such time as the actual percentage increase in costs for salaries and the proportional allocation become known, the parties shall mutually agree upon a recalculation of and adjustment to the annual cost-of-living adjustment reflecting the actual costs for salaries, and upon a lump sum payment, or credit, to provide for recovery of under or over payments made. Annual cost-of-living adjustments exceeding three and one-half (3.5%) are subject to mediation at the request of either party. Payment shall be made within 30 days of receipt of invoice. The County shall provide advance notice of any fee/charge increase and when it is to become effective in writing. 13) Billing: The invoice shall include details of the number of inmates per day, bookings, and escorts. The invoice shall be mailed to: City of Lakewood, 6000 Main Street SW, Lakewood, WA 98499. 3|Page 7 14) Other Contract Arrangements: The City reserves the right to separately contract with another entity for the provision of jail services. 15) Written Notice of Termination: Either party must provide not less than ninety days written notice of termination to the other party prior to the beginning of the calendar year (January 1); provided that notice of termination may be given no sooner than January 1, 2018 or consecutive years after. 16. Indemnification a. The CITY shall indemnify and hold harmless the COUNTY, its elected and appointed officers, agents, and employees, from any and all claims, actions, lawsuits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any act or omission of the CITY, its appointed and elected officers, agents, and/or employees in arresting, detaining, charging, or transporting persons before acceptance by the Jail or while said persons are in custody of the CITY outside the Jail. Acceptance of an arrestee by the Jail occurs when the arrestee is (1) medically cleared for entry into the Jail and (2) the booking officer informs the arresting officer that he/she may leave. In the event that any suit based upon such a claim, action, loss, or damage is brought against the COUNTY, the CITY shall defend the same at CITY’S sole cost and expense; provided that the COUNTY retains the right to participate in said suit if any principle of government or public law is involved, and if final judgment in such a suit be rendered against the COUNTY, its elected and appointed officers, agents, and/or employees, or jointly against the COUNTY and the CITY and their respective officers, agents, and/or employees, the CITY shall satisfy the same. CITY is responsible for their elected and appointed officers, employees, and agents while they are working in the COUNTY’S facilities. CITY agrees to specifically defend, indemnify, and hold harmless COUNTY for claims against COUNTY by CITY’S own employees, and, solely for the purpose of this provision, CITY specifically waives any immunity under the State industrial insurance Law, Title 51 RCW. CITY agrees that the parties mutually negotiated this waiver. b. The COUNTY shall indemnify and hold harmless the CITY, its elected and appointed officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any action or omission of the COUNTY, its elected and appointed officers, agents, and/or employees in confining persons who have been presented to and accepted by the Jail from the CITY, its officers, agents and/or employees, while said persons are in Jail or in custody of the COUNTY outside the Jail. 4|Page 8  In the event that any suit based upon such a claim, action, loss, or damage is brought against the CITY, the COUNTY shall defend the same at COUNTY’S sole cost and expense; provided that the CITY retains the right to participate in said suit if any principle of government or public law is involved, and if final judgment in such suit be rendered against the CITY, its officers, agents, and/or employees, or jointly against the COUNTY and the CITY and their respective officers, agents, and/or employees, the COUNTY shall satisfy the same. The Indemnification provisions herein shall survive the termination of this Agreement. 16) Entire Agreement: This agreement constitutes the entire agreement between the parties and represents the entire understanding of the parties hereto. It supersedes any oral representation that are inconsistent with or modify its terms and conditions. 17) Remedies: No waiver of any right under this agreement shall be effective unless made in writing by the authorized representative of the parties to be bound thereby. Failure to assist upon full performance on any one or several occasions does not constitute consent to or waiver of any later non-performance, nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. 18) Disputes: Shall be referred to the City Official and the Sheriff for mediation and/or settlement. If not resolved by them within sixty (60) days, either the City Official or the Sheriff, or both of them, may apply to the presiding Judge of the Superior Court of Pierce County, Washington, for appointment of a conciliator. The Conciliator shall assume the functions of an arbitrator of the dispute after a reasonable effort at conciliation fails, should the amount involved in the dispute and application of the principle at issue in future years entail expenditures or appropriations of One Hundred Thousand Dollars ($100,000) or less. Each party shall pay one-half (1/2) of a conciliator’s fee and expenses. 19) Most Favored Customer: If at any time during the term of this Agreement any other jail customer obtains rates and/or substantive or procedural terms with respect to any service or other topic included in this Agreement which the City deems more favorable than the terms provided herein, the County will adjust the rate and/or terms for each such service or other topic to conform to the more favorable terms, and those adjustments will be confirmed in writing by the parties as an addendum to this Agreement. End of Agreement. Signature page immediately follows. 5|Page 9  PIERCE COUNTY CONTRACT SIGNATURE PAGE Contract# IN WITNESS WHERE OF, the parties have executed this Agreement this day of , 2018. CONTRACTOR: PIERCE COUNTY: Approved As to Legal Form Only: Contractor Signature Date Prosecuting Attorney Date Title of Signatory Authorized by Firm Bylaws Recommended: Name: Address: Budget and Finance Date Mailing Approved: Address: Department Director Date Contact Name: (less than $250,000) Phone: Fax/email: County Executive Date (over $250,000) 6|Page 10  Pierce County Sheriff’s Department 2018 Jail Rates Rate Description Rate Daily $78.90 Booking $53.90 Court Escort $129.30 Special Identification Process (S.I.P.) $180.40 Mental Health $218.50 *Major medical costs are the responsibility of the Contract Agency 2018 Rates 11 TO: Mayor and City Councilmembers FROM: Shannon Kelley-Fong, Senior Policy Analyst THROUGH: John J. Caulfield, City Manager DATE: August 27, 2018 SUBJECT: Animal Services Update PURPOSE: The City of Lakewood (hereinafter, the “City”) receives animal sheltering and related services for stray, impounded, and unwanted companion animals from the Pierce County Humane Society (PCHS). The City’s current contract with PCHS terminates on December 31, 2018. PCHS provided a draft of the proposed contract for 2019 to 2021. This contract proposes significant rate increases for animal sheltering services over the course of the next three years. The City is currently working with other municipalities that contract animal shelter services with PCHS to collectively bargain the PCHS contract and to evaluate other possible future animal sheltering alternatives. PCHS USE BY THE CITY IN 2017: PCHS currently provides animal shelter for stray, impounded, and unwanted companion animals turned over by the City’s Animal Control Officers and by City residents. City residents can bring animals to PCHS as an owner surrender, i.e., when the owner no longer can provide for or wants to provide for the animal, or as a “good Samaritan” intakes, i.e., when residents find stray and injured companion animals that are not their own. Companion animals include dogs, cats, domestic birds, domestic rabbits, and small domestic rodents. All other animals, such as livestock and reptiles, are excluded from this contract. When the City’s Animal Control Officers or a City resident brings in a companion animal to PCHS the City is charged a fee of $90.07 per animal. These animals are initially held for three days. If unclaimed after this period of time and found to be healthy and of good temperament, then the animal is put up for adoption once vaccinated and neutered. PCHS retains all adoption fees, which per their website currently range from the following: • Dogs: $50 to $330 (puppies and purebreds cost more) • Cats: $60 to $125 (kittens and purebreds cost more) • Domestic Rabbit/Other: $75 Any unclaimed animals deemed “unadoptable” by PCHS staff are euthanatized or for some cats, become participants in the Community Cat Program. In this program, the cats are neutered, vaccinated, and returned to their point of origin, to a cat colony, or become barn/warehouse cats. Per a 2016 audit of PCHS performed by Johnson, Stone, and Pagano, P.S., PCHS revenue for adoption fees in 2016 totaled $478,935, an increase of $113,690 from the previous year. Additionally, PCHS also collected $211,899 in owner surrender drop-off fees in 2016. Owner surrender drop-off fees 1 12 are $75, however PCHS does offer relief for owners unable to pay this amount. Owner surrendered animals are also charged to the City at a cost of $90.76 per animal. In 2017, the City and its residents brought in a total of 1057 companion animals to PCHS. Notably, per PCHS data, 57 individual animals sheltered at PCHS were brought in on multiple occasions. One stray dog was brought into PCHS on four different occasions, costing the City, at minimum, $363.88. Attachment A contains in-take data provided by PCHS on the City’s animal in-take rates, type, and source of origin for sheltered animals 2017. Graph I depicts the sources of the animals brought to PCHS in 2017; 76% of these animals were brought in by the public and 24% by LPD Animal Control. Image I displays a heat map of where animals sheltered at PCHS were picked up by the public or LPD Animal Control. Attachment B provides additional heat maps and images. Graph I: Source of animals sheltered at PCHS 900 801 800 700 600 500 400 300 256 200 100 0 Animal Control Public Image I: Heat Map of Source of animals sheltered at PCHS. 2 13 Graph II depicts the types of animals brought into PCHS by source. Cats constitute the largest number of animals brought in by the public, while dogs constitute the largest number of animals brought in by LPD Animal Control. Graph II: Animals by Type and Source 500 475 450 400 350 296 300 250 200 150 130 108 100 50 13 23 5 7 0 BIRD CAT DOG OTHER BIRD CAT DOG OTHER Animal Control Public Graph III depicts the type of animal in-takes, i.e., stray or owner surrender by source of in-take. Strays constitute the largest number of total animals brought into PCHS by LPD Animal Control, as well as by the public. In total, there were 180 owner surrenders. Graph III: Animals by Type of Intake and Source 600 516 500 400 300 180 200 135 100 45 60 47 26 4 1 23 20 0 EUTH REQ EUTH REQ CONFISCATE OWNER SUR OWNER SUR RETURN 60+ RETURN STRAY STRAY DISPO REQ DISPO REQ Animal Control Public 3 14 Graph IV displays the contract cost for the City of Lakewood by type of intake and by source. Strays brought in by the public constitute the majority of the City’s contract costs, collectively totaling $63,315.12. Owner surrenders totaled $16,374.60. Graph IV: Contact Cost by Source and Type of In-Take 50000 $46,940.52 45000 40000 35000 30000 25000 20000 $16,374.60 15000 $12,280.95 10000 $4,093.65 $5,458.20 $4,275.59 $2,365.22 $363.88 $90.97 $2,092.31 $1,819.40 5000 0 EUTH REQ EUTH REQ CONFISCATE OWNER SUR OWNER SUR RETURN 60+ RETURN STRAY STRAY DISPO REQ DISPO REQ Animal Control Public Per additional PCHS provided data, PCHS placed, united with owners, or euthanized more dogs than the total number of dogs sheltered by the City in 2017. PCHS has commented that this is due to owner requested euthanasia. TABLE A Outcomes of City In-takes and Owner Surrenders Total Placed, Total United with United, Animal Outcomes Sheltered Placed (adopted) Owners Euthanized Euthanized Dogs 369 197 131 71 399 Dog Outcome by Percentage 53% 36% 19% 108% Cats 555 398 22 45 465 Cat Outcome by Percentage 72% 36% 19% 90% Other 45 24 0 4 28 Other Outcome by Percentage 53% 0% 1% 54% Unknown 72 N/A N/A N/A PROPOSED PCHS 2019-2021 CONTRACT: The City’s current contract with PCHS terminates on December 31, 2018. PCHS provided a draft of the proposed contract for 2019 to 2021, which proposes significant rate increases for animal sheltering services over the course of the next three years. Notably, this contract was provided to the City prior to the arrival of the new PCHS CEO, Stuart Earley. City personnel met with Mr. Earley and his staff to preliminary discuss the contract. Mr. Early appeared amenable to finding a solution to continue this partnership. At this meeting, Mr. Earley indicated that the monetary figures presented in the proposed contract were subject to change based on the findings of a performance audit commissioned and currently under way by Pierce County. Audit findings are expected to be available by the end of September. Mr. Earley indicated that the proposed contract 4 15 costs appeared to be on the high side and that some line items listed in the contract should be removed. For example, one administrative line item was identified by Mr. Early as incorrectly attributed to the City. Per the proposed contract, the “Admin Allocated” charge was for $44,771, 14% of the total contract cost, a charge of $42 per animal. PCHS indicated that they would re-visit the contract negotiations following the conclusion of the performance audit. PCHS representatives also indicated that they would review prior charging practices based on several seemingly needless, redundant charges incurred by the City. That being said, the following sections reflect the proposed PCHS contract as of presented. Again, these are subject to change in the next few months. Compensation. Per the current contract with PCHS, the City pays a maximum rate of $90.76 per animal sheltered. Per the proposed contract, the City’s in-take fee would increase by 175% to a rate of $250.00 per animal in 2021. Table B list the proposed in-take rate increase. TABLE B Current and Proposed Contract Rates per Animal Rates by year 2018 (current) 2019 2020 2021 $90.97 $150.00 $200.00 $250.00 Difference from 2018 rates $59.03 $109.03 $159.03 Increase from 2018 rate 65% 120% 175% Annual rate increase 65% 33% 25% Using in-take numbers from 2017, Table C lists the City’s contract cost per the fee rates proposed in the new contract. Table D provides a cost estimate of services per animal based on the proposed contract. TABLE C Current and Proposed Contract Rates per Animal Rates by year 2018 (current) 2019 2020 2021 $90.97 $150.00 $200.00 $250.00 Difference from 2018 rates $59.03 $109.03 $159.03 Increase from 2018 rate 65% 120% 175% Annual rate increase 65% 33% 25% TABLE D Current and Proposed Total Contract Costs 2018 2019 2020 2021 Intake Cost per 1057 animals $ 96,155 $ 158,550 $ 211,400 $ 264,250 5 16  TABLE E Cost per animal for services Cost per Cost per animal year (1057 animals) Kennel $72,206.95 $68.31 Receiving $40,285.81 $38.11 Adoption $24,474.25 $23.15 Foster $15,478.17 $14.64 Community Cats-Shelter $10,257.45 $9.70 Community Cast – TNR $5,278.30 $4.99 Health $93,997.14 $88.93 Spay/Neuter $19,398.57 $18.35 Admin Allocated $44,771.13 $42.36 TOTAL $326,147.77 $308.56 TABLE F Cat Adoption Fees $19,947.06 398 $50.12 Other Adoption Fees $1,130.13 24 $47.09 Dog Adoption Fees $35,985.24 197 $182.67 TOTAL $57,062.43 619 AVERAGE: $92.18 Additionally, per the proposed contract, the City would be charged a boarding rate of $25 per day for impounded animals awaiting deposition by the courts after the first eighteen (18) days, an increase of $7 per day from the current rate of $18 per day. Medical Care. Per the existing contract, PCHS provides veterinary care for the City’s in-take animals during the Veterinary Department service hours (Monday through Friday from 9 am to 5 pm). The City is responsible for all veterinary care performed at private clinics during after-hours. Per the new contract, any medical test, emergency care, or treatments requested by the City in addition to initial basic tests will be charged to the City at cost. Based on the data provided by PCHS it is not possible to parse information on the number of City in-takes that require additional medical attention. Table G lists the proposed cost of health and spay/neuter costs for the City. TABLE G Proposed 2019 Health and Neutering Costs Health $93,997.14 Spay/Neuter $19,398.57 Liability. The current contract agrees to hold PCHS harmless from any damages or attorneys’ fees or costs incurred by PCHS as a result of litigation that names PCHS and involves a City ordinance that is declared illegal or unenforceable and upon which PCHS relied in the performance of its responsibility per the contract. Per the proposed contract, the City would be wholly liable for any damages and legal claims arising if an animal’s dangerous behavior is not noted by the City’s officers and injuries result. Community Cat Program. The proposed contract adds a new section affirming the City’s support of the Community Cat Program. The Community Cat Program provides for the trapping, neutering, visible 6 17 marking (ear tipped), and re-release of unowned outdoor cats to their respective trap origin. The premise behind the program is to manage populations of feral cats that are under socialized and, as a result, unsuitable for adoption. This program is intended to: • eliminate the potential for future litters; • reduce the number of repeat shelter admissions; and • reduce the number of shelter deaths (typically, unadoptable cats make up a large portion of cats euthanized yearly). Anecdotally, City Animal Control Officer, Corrine Buck, stated that she has noticed a decline in feral cat trapping activities in Lakewood since the inception of the Community Cat Program. In 2019, with no modification of the proposed contract, the Community Cat Program would cost the City a total of $15,535.75. JOINT PCHS CONTRACT NEGOTIATIONS: The cities of Tacoma, Federal Way, the town of Steilacoom, and Pierce County also have contracts that expire with PCHS at the end of the year. PCHS provided these jurisdictions with similar contract proposals for 2019 to 2021. These jurisdictions have agreed to bargain the next PCHS contract together. The three jurisdictions are currently meeting monthly to discuss elements of the PCHS contract proposal. In addition to the fee rate, the following have been other topics of discussion at these meetings: Performance Audit: Pierce County has started a performance audit on PCHS. The audit should be complete with findings available by the end of September. Owner Surrender Fees. One major topic of discussion has been whether or not to continue each jurisdiction’s responsibility for owner surrender fees. Currently, the jurisdictions are charged the same rate for owner surrenders as strays brought to PCHS by Animal Control ($90.97 per animal). This is in addition to the fee that is charged to the surrendering owner which ranges from $15 to $75. Per PCHS data, owner surrenders animals constitute 23.3% of the City’s total animal PCHS intakes, totaling 236 of the 1057 animals. At the proposed 2019 intake rate of $150 per animal, the City would directly reduce its contract cost by $35,000 if it did not agree to pay the $150 rate for owner surrenders. However, as a corollary of this, Animal Control and good Samaritans drop-offs would likely experience an increase in volume as some pet owners, either disinclined or unable to pay PCHS surrender fees, will simply release unwanted companion animals. Notably, jurisdictions would remain responsible for animal in-takes by Animal Control and good Samaritans. The Community Cat Program. Another topic of discussion among this group is the continuance of the Community Cat Program. Tacoma and Pierce County have an unfavorable view of this program. If the program does in fact reduce the feral cat population in Lakewood, as well as minimize the repeat cat in-takes and reduce euthanasia costs, there is some merit to continuing this program. Medical Costs. As mentioned above, per the new contract, any medical tests, emergency care, or treatments requested by the City in addition to initial basic tests will be charged to the City at cost. Based on the data provided by PCHS it is not possible to parse information on the number of City in- takes that require additional medical attention on a yearly basis. Attachment C provides a checklist crafted by Pierce County for continuing the joint negotiation with PCHS. Pierce County requested that the City consider and report out to the collective group on the following issues by the end of August: • Owner surrender policy: Should the city be charged for this? Should it be at a reduced rate? What about animals that return to the shelter once adopted? • Community Cat program: Should the city agree to continue to participate in this program? 7 18  • Owner requested euthanasia: Should the city pay for this service? Pierce County has suggested the following timeline for the PCHS 2019 contract negotiations: • August 31 - Coalition agreement on performance expectations (checklist attached). • September 10 - Pierce County produces draft contract for review by coalition members. • September 30 - Performance Audit report is completed and ready for review. • October 1 – 15 - Draft contract is finalized by coalition members • October 1 – 15 - Coalition members determine “opening bid” (acceptable cost range) • October 16 -31 - Coalition meets with Humane Society of Tacoma – Pierce County to discuss draft contract. • Nov - Dec - Cost negotiations and contract execution. OTHER ANIMAL SHELTER OPTIONS: Pierce County is currently taking the lead on developing and analyzing other potential animal shelter options. It is the intent of Pierce County contract animal shelter services for 2019, and possibly 2020, from PCHS. In the long-term, Piece County is considering alternative animal shelter options. Pierce County has considered the following options: Contract with different animal shelter vendor: Pierce County has reached out to Auburn Valley Humane Society and Metro Animals Services. Auburn Valley Humane Society provides animal shelter for the city of Auburn. Metro Animal Services, a partnership between the cities of Puyallup and Sumner, provides animal shelter for their jurisdictions as well as contracts with the cities of Algona, Bonney Lake, Edgewood, Milton and Pacific. Communications with these groups remain on-going. Pierce County Animal Shelter: Pierce County is in the process of developing a feasibility study for a Pierce County Animal Shelter. If Pierce County did pursue a county operated shelter, the City could receive shelter services from Pierce County on a contract basis. Pierce County has identified a potential site location for an Animal Shelter south of Puyallup. Pierce County has stated that they would also entertain providing animal control enforcement in addition to animal shelter services. Regional Animal Shelter: Pierce County has also communicated interest in forming a regional animal shelter facility with Lakewood and Tacoma, similar to Metro Animal Services, a partnership between the cities of Puyallup and Sumner, and the Spokane Regional Animal Protection Services (SCRAPS) provided by Spokane County. Pierce County is currently looking into establishing an Animal Services District. The Animal Services District would function akin to a Fire District. It would collect taxes within its boundaries and be governed by independently elected officials. However, Animal Service Districts are not currently allowed under local or state law. As such, the formation of such a district would require authorization by countywide citizen initiative or state legislation. Another option for developing a Regional Animal Shelter could be the creation of a public development authority (PDA). The City has suggested and provided additional information on how a Pierce County Animal Shelter PDAs could function. RECOMMENDATIONS: It is recommended that the City continue to jointly negotiate the 2019 PCHS contract with other Pierce County jurisdictions and Federal Way. The City should continue to meet with Pierce County, Tacoma, Federal Way, and Steilacoom to explore long-term alternative animal shelter options. 2019 PCHS contract recommendations: 8 19 Owner Surrender: The City should discontinue paying for owner surrendered animals and returned animals, or at minimum, establish a reduced fee charged to the City. Community Cat program: The City should continue to participate in the Community Cat program, however the City should not pay for this program. Owner requested euthanasia: The City should not be responsible for owner requested euthanasia. Medical Cost: The City should have a medical cost cap. Any medical costs that would surpass this cost would require signature NEXT STEPS: City personnel is requesting direction on this subject matter, particularly items identified in Attachment C. Later in the fall, City personnel will return to a City Council Study session to continue to appraise the City Council on the PCHS performance audit, contract negotiations, and the development of other animal shelter options. ATTACHMENTS: Attachment A – PCHS 2017 data Attachment B – Heat Maps of Sheltered Animals Attachment C – Pierce County Checklist 9 20  ATTACHMENT B Image II: Location of Animals by Animal Control Image III: Location of Animals by City Residents 10 21  Image IV: Location of Strays Image V: Location of Owner Surrender 11 22 ANIMAL SHELTER UPDATE AUGUST 27, 2017 23  CURRENT PCHS CONTRACT  $90.07 in-take fee paid by City for animals brought in by City Animal control or city residents  Owner surrenders (plus owner surrender fee)  Good Samaritans  Animals unclaimed after 3 days go up for adoption  Dogs: $50 to $330 (puppies and purebreds cost more)  Cats: $60 to $125 (kittens and purebreds cost more)  Domestic Rabbit/Other: $75 24  ANIMALS SHELTERED AT PCHS Graph I: Source of animals sheltered at PCHS 1000 801 800 600 400 256 200 0 Animal Control Public Graph II: Animals by Type and Source 500 475 450 400 350 296 300 250 200 108 130 150 100 50 5 13 7 23 0 BIRD CAT DOG OTHER BIRD CAT DOG OTHER Animal Control Public 25  ANIMALS SHELTERED AT PCHS Graph III: Animals by Type of Intake and Source Graph IV: City Contact Cost by Source and Type of In- 600 Take 516 50000 $46,940.52 500 45000 40000 400 35000 30000 300 25000 20000 200 180 $16,374.60 135 15000 $12,280.95 100 10000 60 $5,458.20 45 47 $4,093.65 $4,275.59 26 23 20 5000 $2,365.22 $2,092.31 $1,819.40 4 1 $363.88 $90.97 0 0 EUTH REQ EUTH REQ EUTH REQ EUTH REQ CONFISCATE OWNER SUR OWNER SUR RETURN 60+ CONFISCATE OWNER SUR OWNER SUR RETURN 60+ RETURN RETURN STRAY STRAY STRAY STRAY DISPO REQ DISPO REQ DISPO REQ DISPO REQ Animal Control Public Animal Control Public 26 ANIMALS SHELTERED AT PCHS TABLE A Outcomes of City In-takes and Owner Surrenders Total Placed, Total United, Animal Outcomes Sheltered Placed (adopted) United with Owners Euthanized Euthanized Dogs 369 197 131 71 399 Dog Outcome Percentage 53% 36% 19% 108% Cats 555 398 22 45 465 Cat Outcome Percentage 72% 36% 19% 90% Other 45 24 0 4 28 Other Outcome Percentage 53% 0% 1% 54% Unknown 72 N/A N/A N/A 27 PROPOSE 2019 PCHS CONTRACT TABLE B Meeting with PCHS representatives: Current and Proposed Contract Rates per Animal  Contract is subject to change Rates by year 2018 (current) 2019 2020 2021  Numbers provided on high side – for example “Admin $90.97 $150.00 $200.00 $250.00 Allocated” Difference from 2018 rates $59.03 $109.03 $159.03  Performance audit Increase from 2018 rate 65% 120% 175%  Willingness to review in-take billing practices Annual rate increase 65% 33% 25% 28 PROPOSE 2019 PCHS CONTRACT TABLE D Cost per animal for services Cost per year Cost per animal (1057 animals) Kennel $72,206.95 $68.31 Receiving $40,285.81 $38.11 Adoption $24,474.25 $23.15 Foster $15,478.17 $14.64 Community Cats-Shelter $10,257.45 $9.70 Community Cast – TNR $5,278.30 $4.99 Health $93,997.14 $88.93 Spay/Neuter $19,398.57 $18.35 Admin Allocated $44,771.13 $42.36 TOTAL $326,147.77 $308.56 29 JOINT NEGOTIATIONS  Cities of Tacoma, Federal Way, town of Steilacoom, and Pierce County all received same 2019 contract  Jointly negotiating contract terms  Important contract/policy considerations: Attachment C  Owner Surrender Fees – recommendation: end or reduce fee for city  Community Cat program – recommendation: continue program but not pay for the program  Owner requested Euthanasia – recommendation: city should not be responsible for this service 30 LONG TERM OPTIONS  Contract with new vendor:  Valley Humane Society  Metro Animal  Pierce County Animal Shelter  Potential site identified south of Puyallup  Regional Animal Shelter:  Animal District  Public Development Authority 31 QUESTIONS?  Next Steps:  Later in the fall, City personnel will return to a City Council Study session to continue to appraise the City Council on the PCHS performance audit, contract negotiations, and the development of other animal shelter options. Pierce County’s suggested timeline for this process.  August 31 Coalition agreement on performance expectations (checklist attached).  September 10 Pierce County produces draft contract for review by coalition members.  September 30 Performance Audit report is completed and ready for review.  October 1 – 15 Draft contract is finalized by coalition members (including jurisdiction attorneys).  October 1 – 15 Coalition members determine “opening bid” (acceptable cost range for sheltering).  October 16 -31 Coalition meets with Humane Society of Tacoma – Pierce County to discuss draft contract.  Nov - Dec Cost negotiations and contract execution. 32 To: Mayor and City Councilmembers From: Paul A. Bucich, P.E., Public Works Engineering Director Via: John Caulfield, City Manager Subject: Puget Sound Energy Master Lighting Services Agreement Date: August 27, 2018 BACKGROUND Puget Sound Energy (PSE) provides electrical services to over one third of the City of Lakewood residents. PSE also provide electrical services to a significant number of City street lights and traffic signals. PSE conducts this work as custom lighting services under PSE’s Electric Tariff G on file with the Washington Utilities and Transportation Commission (“WUTC”). PSE has developed a new Master Lighting Services Agreement (MLSA) which they are asking all municipal customers such as Lakewood to execute. Without the MSLA, PSE will not conduct this service for Lakewood. This MLSA establishes the provisions of a service agreement between PSE and the City with established performance measures, clear identification of services to be provided, and clear expectations on permits, easements, construction services, payment, and transfer of assets. Roles and responsibilities for PSE and the City are clearly laid out to reduce or eliminate conflicts over future work for lighting services. Within PSE’s service area, no other service provider can attach street lights to their assets nor provide electrical services to the street lights. This agreement of and by itself does not obligate PSE or the City to execute any work, agree to any payment for work, nor obligate the City outside of a secondary, follow-on agreed upon scope of work. Where the City desires PSE to install new lighting fixtures, PSE will develop a mutually agreed upon scope of work, provide a cost estimate for this work, and require an executed “Street Lighting Order” in accordance with their standard form. Currently the City has entered into discussions with PSE for providing street lighting installation services at different neighborhoods within our community (see attached map). Public Works Engineering has worked with PSE to craft two Street Lighting Orders for Council consideration which will be brought forward separately should Council authorize execution of the MLSA by the City Manager. RECOMMENDATION Authorize the City manager to bring forward the PSE Master Lighting Services Agreement authorizing PSE to provide custom lighting services to the City within their normal and accustomed service area. 1 33 34