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
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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
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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
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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
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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
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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