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HomeMy WebLinkAbout09-10-1979 Item #H-2bSEP 10 1979 CITY OF NEWPORT BEACH By tha CITY COUNCIL OFFICE OF THE CITY MANAGER CITY OF r.eWPORT SL4GH September 10, 1979 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: ANIMAL SHELTER AGREEMENT Background COUNCIL AGENDA NO.—H-2 (b) On June 11, 1979 the City entered into an agreement for animal shelter services with Dr. Neil Boodman, D.V.M. Dr. Boodman operates the Newport Hills Animal Hospital, which is located at 2670 San Miguel. Following the initiation of shelter operations, Dr. Boodman informed the City that the Irvine Company, owners of the property leased by him, had expressed reservations over the continued operation of the facility at that location. The point of contention was the interpretation of a lease provi- sion concerning boarding/kenneling. Dr. Boodman proceeded to negotiate over this matter, but was unsuccessful in convincing the company to allow him to continue providing shelter services to the City. The Irvine Company has expressed a desire to have the shelter relocated, if possible, by the end of September. Surveying Available Facilities On August 6, 1979 staff conducted field surveys/tours of potential shelter locations. This action followed verbal discussions with the facilities to gauge their interest and capability to successfully assume the shelter operation on a long term basis. The following criteria were utilized by staff in evaluating the sites: 1. Diagnostic and operating equipment 2. Cages, runs and other housing facilities 3. Business hours open to the public 4. Ease of access for Animal Control Officers and the public 5. Availability of emergency medical services 6. "Night Duty" personnel 7. Satisfaction with the existing contract 8. Spaciousness Selected Site Based upon the field evaluation, utilizing the above -referenced criteria, and noting the limited number of sites realistically available, staff deter- mined Newport Harbor Animal Hospital to be superior. This facility is located at 125 Mesa Drive, Costa Mesa. MAYOR AND CITY COUNCIL Subject: Animal Shelter Agreement Page 2 - 9/10/79 Attachment 1 is a letter from Dr. Burge of Newport Harbor Animal Hospital, expressing his interest in providing shelter services. As noted in the letter, the facility is staffed by four veterniarians, in addition to Animal Health Technicians, kennel staff and all-night personnel. The facility is open seven days a week, with a very liberal business hours schedule. The building itself contains 6,000 square ft., with the cage capacity of 147, with additional cages and runs to be constructed. The routine background investigation conducted by the Police Department determined that, at one time, veterinary personnel unlicensed in the State of California had been permitted to practice at the facilty. The State advises, however, that the adjudication of this matter should not affect the operation of the shelter, and the Police Department is recommending the selection of the Newport Harbor Animal Hospital as the best facility available. The Costa Mesa Police Department, which also utilizes the facility for emergency veterinary service, also has expressed a very favorable attitude toward the operation of the Newport Harbor Animal Hospital. Newport Harbor Animal Hospital has reviewed the terms of the current agreement with Dr. Boodman, and has found them most acceptable. A copy of that agreement is attached for review by the Council. Attached also, are several letters received from Newport Beach residents, urging the City to contract with Newport Harbor Animal Hospital. Recommendation It is recommended that Resolution No. , authorizing the Mayor and the City Clerk to execute an agreement for the provision of Animal Shelter Services with the Newport Harbor Animal Hosiptal be adopted on September 10. This will permit an orderly transfer of operations within the September time - e desired by the Irvine Company. ROBERT L. WYNN RLW:GJB:ib Attachments �DR,•GARY W. ADE DR. GARY D. BURGE DR. DEREK A. SHUBIN DR. ALICE M. REICHEL NEWPORT HARBOR ANIMAL, HOSPITAL DIV. OF PET MEDICAL SERVICES LTD. 123 MESA DRIVE COSTA MESA. CALIF. 82627 Attachment 1 PHONE 714 - 631-1030 Newport Harbor Animal Hospital, staffed by four veterinarians,is located in Costa Mesa, near Newport Blvd. and Mesa Drive. We have a staff of fifteen, including Animal Health Technicians, receptionists, kennel staff and all-night personnel. We are open seven days a week: Monday -Friday 8am-9pm Saturday 8am-5pm Sunday 10 am-5pm A veterinarian is on call each night after hours. The hospital is staffed all night with a live-in attendant. Our building is 6000 square feet with a cage capacity of 147 including 7 runs. An additional 12 cages are currently being installed. Ole have 2 outdoor patios that are used for ex ercize diversion for each animal twice a day. We are fully equipped with the latest equipment necessary for a large practice, and have the full capacity to meet any veterinary medical or surgical need. Our concept is total animal care from medicine and surgery to boarding, bathing, and even d.om obedience classes. We are currently working; with Pet Assistance; Canine and Feline Friends; and handle many of the Costa t';esa Animal Control emerr;endies. ;bre feel it would be a privilege to serve the City of 1-•ewport Beach by housing its Animal Shelter. We also believe that it could and would b� run in a very professional manner, thus reducing the stigma of a "Dom Pound." Our hospital is very clean and well organized. The shelter .r �� �-� -.._. _• __.rte. GARY W. ADE ,t. GARY D. SURGE DR. DEREK A. SHUSIN DR. ALICE M. REICHEL NEWPORT HARBOR ANIMAL HOSPITAL DIV. OF PET MEDICAL SERVICES LTD. 128 MESA DRIVE COSTA MESA, CALIF. 92627 PHONE 714 . 631.1030 would be operated with the same professionalism. If we are selected by the Cit; of Newport Beach, im— mediate construction would begin for an entirely separate ward housing the sheltered animals including 7 runs and 15 cages. Newport Harbor Animal Hospital is currently owned and managed by Dr. Gary Burge. Dr. Gary Ade will be leaving the practice in September to open a practice in Idaho. The other veterinarians in our practice are associates. I hope this outline will be of assistance in your consideration of this practice 'or your animal shelter. I feel that we can offer the best professional veterinary care and assistance possible. Respec ully submitted, Gary D. Purge, DVM Newrort kaAor Ah 'k R\ Ck Hc)sP Jckj i' 10 ANIMAL CONTROL AG­ REEM T THIS AGREEMENT, made and entered into this day of 1979, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and NEWPORT HILLS ANIMAL HOSPITAL, a California corporation, hereinafter referred to as "Veterinarian." W I T N E S S E T H: WHEREAS, under its Municipal Code, the City of Newport Beach is obligated to impound and keep fowl and animals found running at large; and WHEREAS, said Code requires the licensing and vacci- nation of dogs kept within the City; and WHEREAS, City does not have facilities suitable for impounding and keeping fowl, dogs, cats or other animals; and WHEREAS, Veterinarian has facilities for receiving and caring for fowl and animals that may be picked up running at large on the City streets, NOW, THEREFORE, the parties agree: 1. Veterinarian agrees to receive and care for any dog, cat, bird, fowl, or animal other than a wild animal or horse, cow, or animal too large to be cared for in his facili- ties, that is delivered to him by City. 2. Visitors shall be permitted to view all impounded animals during normal inspection hours of 8:00 a.m. to 6:00 p.m. on Monday, Tuesday, Thursday and Friday; 8:00 a.m. to 12:00 noon on Wednesday; and, 8:00 a.m. to 12:00 noon on Saturday. 3. Veterinarian will keep such animal or bird that bears a license for a period not less than eight (8) days unless the same is redeemed by the owner thereof sooner. Should such animal or bird not bear a license, Veterinarian will keep such animal or bird for a period of not less than four (4) days unless the same is redeemed by the owner thereof sooner. Said claim periods shall not include the hours the shelter is closed. In addition, Veterinarian shall keep such animals or birds, licensed or unlicensed, an additional twenty-four (24) hours after said claim periods, if it is determined by the Animal Control Officer that said animals or birds are known to be of a species which generally has been purchased. 4. After said claim period, Veterinarian will dispose of such animal or bird either by selling it in accordance with the terms of Section 1208.5 of the Code of Civil Procedure or by destroying it in accordance with Sections 7.16.020 and 7.16.060 of the Newport Beach Municipal Code. 5. In case such animal or bird is not reclaimed by the owner thereof, the City shall pay Veterinarian a fee of Five Dollars ($5.00) per day for the boarding charges for the period of time the animal or bird is retained by Veterinarian, except that when any dog or other animal is delivered to Veterinarian for the purpose of quarantine, City shall pay the boarding charges for such animal established as aforesaid for a period of time not to exceed fifteen (15) days. Upon redeeming an animal or bird, the owner must pay all accrued boarding fees. 6. If said animal or bird is purchased by a person who had no previous interest in the animal or bird, Veterinarian will collect from said person accrued boarding fees not to �..+ exceed Eighteen Dollars ($18.00). 7. City shall pay Veterinarian a fee of Five Dollars ($5.00) for any bird or animal that has been impounded by City -2- which is destroyed by Veterinarian pursuant to this contract and the Municipal Code of City. Veterinarian agrees to dispose of the carcass of any bird or animal destroyed by him pursuant to this contract and the Municipal Code of City. In consideration thereof, City agrees to pay Veterinarian a fee of Two Dollars and Fifty Cents ($2.50) for each animal carcass disposed of pursuant to this agreement. 8. In the event Veterinarian is required to dispense an innoculation against rabies to any animal delivered to him by City, Veterinarian shall charge a fee of not more than Seven Dollars ($7.00) for said innoculation. Said fee shall be collected from the owner or any other person to whom said animal is sold or delivered. 9. In the event Veterinarian is required to perform emergency services for any injured animal delivered to him by City, Veterinarian shall charge a fee of not more than Thirty - Five Dollars ($35.00) for said services. Said fee shall be collected from the owner or any other person to whom said animal is sold or delivered; or, in the case of an animal destroyed or disposed of by Veterinarian pursuant to this contract, City shall pay such fee. 10. City shall pay Veterinarian a fee of Two Hundred Dollars ($200.00) per month to defray clerical and other operating costs associated with the City impound facilities. 11. Veterinarian shall keep records to show the date each animal or bird is delivered to him by City, the time it is kept, the disposition of it, and the amount of fees or charges collected from the owner or person to whom it is sold or delivered. These records shall be open and available for -3- inspection by City. All fees or charges, except dog license revenues, collected by Veterinarian shall be retained by him. Dog license revenues shall be retained in a separate account and turned over to City on a weekly basis. 12. At the end of each month, Veterinarian shall bill the City for the charges of boarding, destroying, and disposing of animals which have accrued during such month pursuant to this contract. City shall pay the same within fifteen (15) days after the receipt thereof. 13. City reserves the right to allow a representative of the Newport Beach Police Department to enter the premises at any reasonable time to inspect the same or any part thereof and to attend to or protect the City's interest with a procedure to terminate the agreement if unsatisfactory conditions exist. 14. The term of this agreement shall commence on June 12, 1979, and shall continue for a period of five (5) years; provided, however, that it may be terminated by either party with or without cause by giving sixty (60) days' prior written notice to the other party. Any such notice of termination directed to MEM ,11 the City shall be addressed to the City Clerk, 3300 Newport Boulevard, Newport Beach, California 92663. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. ATTEST: City C er APPROVED AS TO FORM: City Attorney ID CITY OF NEWPORT BEACH, A Municipal Corporation By Mayor NEWPORT HILLS ANIMAL HOSPITAL, A California Corporation By Neil Boodman, D.V.M. 5/23/79 DDO/kb -5- Gerald Bolint, Assistant City hall Manager, 33 )0 Newport Blvd. Newport Beach, California Dear Mr. Bolint: 1 Those who are most active in their caring about the animals in this area feel that the Newport Harbor Animal Hospital would be the best choice for their care. They are hoping the city will award the contract to this organization. I wish to add my appeal to those who are so concerned. Very truly yours, Corona del Mar, California August 14, 1979 Mr. Gerald Bohnit Assistant to the City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca. 92660 Dear Mr. Bohnit: I'm thoroughly in favor of the City appointing the Newport Harbor Animal Hospital as our new animal shelter. I understand that there are five being considered, and I hope that the Newport Harbor Animal Hospital will be appointed. As a long-time resident and property owner in the beach area, I have used this animal hospital for my dogs for some years and have always been favorably impressed with the treatment and consideration they give to the animals they treat. Sincerely, y.` Ethel Nolan 704 Avocado Corona del Mar, Ca. 92625 home telephone: 675-2407 business 644-2442 WAIN LD UA(Al" "O&AL 0%�l IL �._..,. aim S �� ups VA 4 Q2 SG 1t4k 4 �4 Mt, Mr. Gerald Bolint 3300 Newport Boulevard Newport Beach, Ca 92663 Dear Mr. Bolint: 1707 Port Manleigh Circle Newport Beach, Ca 92660 August 16, 1979 The Newport Harbor Animal Hospital would be an appropriate choice for the new Animal Shelter for the city of Newport Beach. The management is conscientious, the hours are available to the schedules of most people and the prices are reasonable. As a resident of Newport Beach, I appreciate your willingness to collect data and receive suggestions. Serely, Maureen Oeding