HomeMy WebLinkAboutC-1302 - Animal control agreement; see C-1619DATE July 1, 1970
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 13x2
Description of Contract Anj=j Cmtrnl i .t
Authorized by Resolution No. 7215 , adopted on line 22r]97n
Effective date of Contract ,Sing ')9, 1970
Contract With
Address
Amount of Contract PlAcem as m*+tiened
-City Clefk
- _
CITYc
June 24, 1970
CITY ATMFIU TULLY SEYMOUR
QTY CLEFK LAURA LAGIOS
ANIMAL CONTROL AGREEMENT
ALBERT E. STOCK-MN, V.M.D.
Enclosed is original and two copies of subject
Agreement executed by the City. Please obtain
Dr. Stockton's signature on the original and
return to my office.
Also, please sign "A?proved as to Form."
City Elerk
LL:swk
enc.
RESOLUTION NO.7 2 15 G 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION
OF AN ANIMAL CONTROL AGREEMENT WITH ALBERT
E. STOCKTON, V.M.D.
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and Albert E. Stockton, V.M.D., for
the receipt and care of any fowl or animals found running
at large, as required by the Municipal Code; and
WHEREAS, the City Council has considered the terms
and conditions of said Animal Control Agreement and found them
to be fair and equitable;
NOW, THEREFORE, BE IT RESOLVED that said Animal
Control Agreement with Albert E. Stockton, V.M.D. is approved,
and the Mayor and City Clerk are hereby authorized and directed
to execute the same on behalf of the City of Newport Beach.
ADOPTED this 22nd day of June, 1970.
Mayor
ATTEST:
City Clerk
THS:bl
6/18/70
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
June 'y(y 1?70 tL. •-
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: ANIMAL CONTROL FEES AND SERVICES
SITUATION:
The staff has under study an April 25, 1970, request from Dr. Albert E. Stockton
for an increase in fees for boarding and disposal of unclaimed animals as the
City contract veterinarian. Consideration is also being given to the adequacy
of fees charged animal owners for impounding and licensing. Since these matters
have an effect on consideration of the preliminary budget, the Council is being
given this report prior to the June 22 regular meeting.
RECOMMENDATIONS:
1. Enter new two -year Animal Control Agreement with Dr. Albert E.
Stockton, V.M.D. to prove e o' g r:
a. An increase in the fee charged the City for boarding
of an unclaimed animal for three days from $4.50 to
$5.00;
b. An increase in the fee charged the City for disposal
of an unclaimed animal from $1.50 to $2.00;
c. A new schedule of boarding fees paid to Dr. Stockton
for animals impounded by City Humane Officers and claimed
by the public to be:
1) $2.00 per day for all animals weighing
twenty -five pounds or less;
2) $2.50 per day for all animals weighing
twenty -five to sixty pounds; and,
3) $3.00 per day for all animals weighing
over sixty pounds.
2. Amend Section 7.16.050 of the Code of the City of Newport Beach
to provide following payment to y:
a. Increase impound fee for each dog impounded under the
code from $3.00 to $5.00; for each cat, bird, fowl, or
other animal from $1.00 to $2.00;
b. Add a provision for a penalty impound fee for any animal
that is impounded more than once within a twelve month
period of fifty percent of prior impound fee plus the
regular fee.
- 2 -
DISCUSSION:
The City's animal control function is a responsibility of the Police Department
pursuant to Section 2.12.110 of the Code of the City of Newport Beach adopted
October 14, 1963. Three full -time Humane Officers of the Police Administrative
Division are responsible for enforcing provisions of Title 7 of the Code relat-
ing to possession, ownership and control of domestic and wild animals. Services
are provided seven days each week from 7:00 a.m. to 6:00 p.m. Although the
function is not self- supporting from revenues, citizens have long demonstrated
a desire for a superior level of humane services.
The City has contracted with Dr. A. E. Stockton of 3838 East Coast Highway,
Corona del Mar, since March 6, 1961, for care of impounded animals. He has
provided services on an informal basis since 1947. In his April 25, 1970, letter
to the City Manager, Dr. Stockton requested two amendments to the existing
agreement with the City which expires June 30, 1970:
An increase in the fee the City is charged when an unclaimed
animal is disposed of from $1.50 to $2.00; and,
2. An increase in the total fee the City is charged when an
unclaimed animal is boarded for three days as required by
law from $4.50 to $5.00.
Dr. Stockton's letter cites the increase in overhead costs and an increase in
the services rendered as reasons for the request. The present charges have
been in effect since May 9, 1966. No change is requested in the present un-
claimed animal euthanasia fee of $3.00. For those unclaimed animals which are
kept for three days and eventually destroyed, the City has paid the following
fees since contracting with Dr. Stockton in 1961:
Authoritv Date Boardinq for Three Days Euthanasia Disposal Total
R -5384
3/13/61
Dog or cat ...........$ 3.00
$2.00
$15.00
$5.00
Any other animal weighing
per month
less than 100 lb$.... 6.00
2.00
total for
8.00
Any other animal weighing
all animals
more than 100 lbs... 12.00
2.00
14.00
Any fowl or bird...... 1.50
2.00
3.50
R -5801
6/24/63
No change
R -6107
2/8/65
No Change
R -6350
5/9/66
Dog or cat ............ $ 4.50
$3.00
$1.50
$9.00
and
Any other animal less than
R -6351
100 lbs ............. 6.00
10.50
Any other dog or animal
weighing more than 100
lbs ................. 12.00
3.00
1.50
16.50
Any other bird or fowl 1.50
1 3.00
1 1.50
6.00
Proposed
7/1/70
Any animal............ 5.00
3.00
1 2.00
10.00
- 3 -
The new fee schedule will increase the annual veterinary cost by approx-
imately $500.
Public Boardino Fees:
It is also proposed that new boarding fees be established for animals impounded
and later claimed by the rightful owner. The present rates were established
May 9, 1966, by Resolution No. 6351. The proposed new rates would be:
Existing
Per
Day
Proposed
Per
Day
For any dog or cat
$1.50
Any animal weighing less
than twenty -five pounds
$2.00
Any other animal weighing
Any animal weighing twenty -
less than 100 pounds
2.00
five to sixty pounds
2.50
Any other animal weighing
Any animal weighing over
more than 100 pounds
4.00
sixty pounds
3.00
Any fowl or bird
.50
The proposed rates will more accurately reflect the care and feeding expenses for
different sized animals. Under the present schedule, boarding charges for a
cat are the same as for a fully mature German Shepherd dog that may weigh
100 pounds or more.
Impound Fees:
The recommended amendments to the Impound Fees Schedule are designed for these
purposes:
1. The present schedule has been in effect since October 10, 1960,
and has not kept pace with the inflationary change in the value
of the dollar.
2. In effect the impound fee is the only penalty the errant pet owner
pays for not maintaining proper custody of his animal. A penalty
payment for subsequent offenses within a twelve -month period may
help to stimulate compliance with the law. The County of Orange
uses a similar formula in unincorporated areas and for those cities
that contract with the County for humane services.
3. These increases will provide approximately $1000 in additional
revenues to help offset the additional expenses occasioned by the
proposed revised contract and reduce the deficit in operating the
function.
4. The proposed schedule is a more accurate reflection of the cost
of services provided.
Doq Licenses:
Perhaps the difficult issue for the Council to consider in determining rates
and fees for humane services is the appropriate rate for dog licenses, the only
substantial source of funds to offset expenses. The present fee of $5.00
annually for any dog over four months of age was established by Ordinance
Number 1260 on July 8, 1968. The City Attorney in a June 11, 1970, opinion
offered the following comments on imposition of license fees:
Prior to 1968 Government Code Section 38792 placed a dollar
amount limit on the fee a City could charge for a dog license.
In 1968 this section was amended to read as follows:
Section 38792 Doq Licenses: Amount
"The legislative body of a city may impose and collect an annual
license not exceeding the cost of services relating to dogs,
including but not limited to animal shelters and control, provided
by the City, on every dog owned or harbored within the City limits."
The amended section places no specific dollar amount on what a
city can charge as long as it does not exceed the cost of services
rendered relating to dogs.
Conclusion
Based on Section 38792, the City can increase the dog license fee
to a dollar amount not to exceed that which can be justified in
light of services rendered by the City in the control and regulation
of dogs within the City limits.
For the 1969 -70 fiscal period, the following expenses and revenues are attributed
to the humane services function:
REVENUES
Dog Licenses $23,880
Wild Animal Permit Investigation Fees 180
Impound Fees 3,700
Fines and Forfeitures 890
Subtotal $28,650'*
* Of this revenue, approximately $28,300 is derived exclusively from dogs.
- 5 -
Salaries (Three full -time Humane Officers)
Automotive Service (two humane trucks w /bodies
amortize on six -year basis)
Licensing
cgs - 156 Postage - $400
Forms - 300 Labor - 4,776 license
@ 25� each - $1,194
Veterinary Services
Boarding, euthanasia and disposal of unclaimed
animals
$26,200
3,500
2,050
6,000
Frin a Benefits and Administrative Overhead @ 25%
of sa cries (including Wor ment s— 'Compensation,
health, life and income continuation insurance
and retirement; and supervision, records manage-
ment, communications and incidential supplies) 6,550
Subtotal $44,300
Total revenues to nearest $100 28,700
Operating Deficit ($15,600)
The Police Department estimates that approximately eighty.percent of ,'r
total humane function is devoted exclusively to matters involving dogs.
The balance of the operation involves cats, wild animals and other activities.
Eight `percent of the expenditures for 1969 -70 would be $35,440. The gap
betwX expenditures and revenues exclusively involving dogs is $7,140. The
1970 -71 preliminary budget anticipates the sale of 5,256 dog licenses. The
license renewal date is January 1, 1971. In the event that the City Council
has any desire to make the dog portion of the animal control function self -
supporting, each dollar increase in the license fee would raise approximately
$5,250.
Sale of Unclaimed Animals:
It is interesting to note that the County of Orange has disposed of unclaimed
animals to medical institutions since before 1960. The substantial revenues
derived from these sales are of great assistance in keepinq County license
fees at today's level. The County veterinarian indicates that such sales also
greatly reduce "dognappinq" of pets for sale to research institutions. An
average of fifty animals are destroyed each month by Dr. Stockton at a cost
of $250 per month or $3,000 per year. Dr. Stockton indicates that these
same animals could be sold to approved medical schools or hospitals at approx-
imately $4.00 for each dog and $3.00 for each cat. This represents approxi-
mately $2,000 per year which when combined with the $3,000 represents an
annual $5,000 advantage to the City.
If the City Council has any desire to make the entire animal regulation
program self- supporting, this is an additional approach which the City
may want to consider. It should be recognized, however, that this may
be a controversial matter, subject to considerable community feeling. It
is not being recommended by the City Manager, but merely being brought to
the attention of the City Council for its own evaluation. It should be
noted that the present City ordinance Mo. 454 prohibiting the sale of
these animals was adopted on April 22, 1937.
r:.
SUM X0.7....214
A fitlrsWT=IM W MY ODUNCIL 48' THE
CITY Of hi>i>iIN , iiSiMI ShilM
BOA== CNAWSS MR WMXD FOUL AND
A�TINAl,$
WHERLASs Section 7.16.030 of the Sewport Beach
Municipal Code provides that daily charges shell be made
for boarding any bird, fowls dogs cat or other enivAl
impounded under the provisions of the Gode and th" such
charge &hail be established by de City Council by resolu-
tion;
iNOW# TORAEFORSO BE IT ABSOLVED that the following
daily charges be established as boarding Charges for im-
pounded birds,, fowl, dogs, eats and other animalst
(1) $2.00 per day for all animals veiahin$
twenty -five pounds or less!
(2) $2.50 per day for all animals weighing
twenty -five to sixty powades aads
(3) $3.00 per day for all ani41s; weighing
over Slity pounds.
138 IT YiihCYhiiSht ftBSOLVBiI Lhutt Bae� ®lt�timu No. 6351 is
hereby repealed.
AAt3M.0 this Qi d day of
t
AMST i
city CURE
Mayor
TO tbl
6/18/70
G . CLERK ORIGINAL
C-/3o2-
ANIMAL CONTROL AGREEMENT
THIS AGREEMENT, made and entered into this,2 3..,/ day of
�Tv.vr 1970, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, hereinafter referred to as "City ", and
ALBERT E. STOCKTON, V.M.D., a licensed veterinarian, herein-
after referred to a "Veterinarian ";
WITNESSETH:
WHEREAS, the City of Newport Beach under the Municipal
Code thereof is obligated to impound and keep fowl and animals
found running at large; and
WHEREAS, the Code requires the licensing and vaccination
of dogs kept within the City; and
WHEREAS, the 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 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 other animal too large to be cared for in his facilities,
that is delivered to him by City.
2. Veterinarian will keep such animal or bird for a
period of not less than three (3) days unless the same is redeemed
by the owner thereof.
3. After said three -day period, Veterinarian will dis-
pose of such bird or animal 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 Section 7.16.060 of the
- 1 -
Newport Beach Municipal Code.
4. If said animal or bird is redeemed by the owner or
sold or delivered to any other person, Veterinarian will collect
from said owner or other person to whom it is sold or delivered
the impounding fee and any boarding charges that may have
accrued since the impounding. Veterinarian shall charge only the
impounding fee and boarding charges established by Resolution of
the City Council for fowl or animals delivered to him by the City
for impounding.
5. In case such bird or animal is not reclaimed by the
owner thereof, City shall pay Veterinarian a fee of Five Dollars
($5.00) for the boarding charges for the period of time the animal
is retained by Veterinarian, but not to exceed a three -day period
for any such bird or animal, 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.
6. City shall pay Veterinarian a fee of Three Dollars
($3.00) for any bird or animal that has been impounded by City
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 Muni-
cipal Code of City. In consideration thereof City agrees to pay
Veterinarian a fee of Two Dollars ($2.00) for each animal carcass
disposed of pursuant to this agreement.
7. 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
- 2 -
collected from the owner or person to whom it is sold or de-
livered. These records shall be open and available for inspection
by City. Veterinarian shall transmit to the City on or before
the tenth (10th) day of each month all impounding and license
fees collected in the preceding month. All other fees or
charges collected by Veterinarian shall be retained by him.
8. At the end of each month Veterinarian shall bill
the City for the charges for 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
receipt thereof.
9. The term of this contract shall begin on the date
of execution and shall continue until June 30, 1972; provided,
however, that it may be terminated by either party by giving
sixty (60) days' prior notice in writing to the other party. Any
such notice of termination directed to the City shall be addressed
to the City Clerk, 3300 Newport Boulevard, Newport Beach,
California.
IN WITNESS WHEREOF, the parties have executed this con-
tract as of the day and year first above written.
CITY /OFr/NEWPORT BEACH
By __l
. V
Mayor
APPROVED AS TO FORM: ATTEST:
TuL y H. Seymour City Clerk
City Attorney
CITY
Z '.r OCKTON, t ' i
VETEUX4RIAN
THS.bl
- 3 - 6/18170