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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