HomeMy WebLinkAboutCM Animal Control Service Fees Amendment+� Agenda Item No: 10
^` Meeting Date: February 16, 2010
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: CITY MANAGER
Prepared by: Nancy Mackle '"714t,9" W-Ir-t�City Manager
SUBJECT: RESOLUTION AMENDING THE MASTER FEE SCHEDULE FOR
ANIMAL CONTROL SERVICE FEES
RECOMMENDATION: ADOPT RESOLUTION.
DISCUSSION: Cities are under a legal obligation to provide basic animal control service.
San Rafael's animal control services such as dog licensing, sterilization, and sheltering of
animals are provided by the County of Marin under a contract with the Marin Humane
Society. The program is governed and financed by a 1979 Countywide Joint Powers
Agreement (JPA) that includes the County and all cities/towns in Marin County.
The JPA stipulates that cities adopt an animal control ordinance that is consistent with the
County's animal control ordinance and that fees be set that match those adopted by the
County. On December 15, 2009, the County Board of Supervisors adopted Ordinance No.
3532, authorizing a new animal control fee schedule with increased fees, subject to
approval by all the members of the JPA. Before the Marin Humane Society can begin
charging the new fees, each member of the JPA must adopt the new fee schedule. The last
fee increase was in 2003.
To conform with the County's recently adopted fee schedule, there will need to be an
amendment of the City's animal control service fees as listed on Exhibit "J" of the City's
most recent Master Fee Schedule, adopted by Resolution No. 12647 on January 20, 2009.
FISCAL IMPACT: The County of Marin Office of the Administrator in its staff report
on Ordinance No. 3532 stated that the increased animal control fees would not exceed the
cost of providing the services associated with those fees.
All costs to San Rafael for Animal Control are stipulated in the current three year contract
(2008-11) between the County and Marin Humane Society for the JPA members. Program
costs (net of all licensing and other revenues) are allocated to all the JPA members based
upon population and service calls to the MHS from the prior year. These new fees will not
go into effect until all JPA members approve them, therefore there will be no significant
impact to the program for this fiscal year. Savings from these new fees will be realized in
the FY 10/11 budget, and will be a part of the calculated allocated costs to all JPA
members.
ACTION REQUIRED: Staff recommends City Council adopt the attached Resolution.
ATTACHMENTS:
County of Marin Office of the Administrator Staff Report and Ordinance No. 3532
Resolution with Attachment (revised Master Fee Schedule Resolution Exhibit "J")
Public Hearing Notice
COUNTY OF NMARIN
OFFICE OF THE ADMINISTRATOR
3501 CIVIC CENTER DRIVE, SUITE 3250 SAN RAFAEL, CA 94903
December 15, 2009
Board of Supervisors
County of Marin
Room 329, Civic Center
San Rafael, CA 94903
415/499-6358 — FAX 415/507-4104
[P-11 rP R c0) M
DEC 1 5 2009
SUBJECT: Adoption of Proposed Animal Control Ordinance Revisions
Dear Board Members:
RECOMMENDATION: Request from the County Administrator to:
Matthew H. Hymel
County Administrator
1) Conduct Merit Hearing for Proposed Animal Control Ordinance Revisions
2) Adopt Proposed Animal Control Ordinance Revisions
Mona Miyasato
Chief Assistant
County Administrator
SUMMARY:
The County Administrator's Office is proposing adoption of a revised Animal Control Ordinance
(Title 8 of the Marin County Code) fee schedule. In March of 2009, staff conducted a survey of
neighboring jurisdictions such as San Mateo, Contra Costa, Napa, and Berkeley and
determined that increases to Marin's fee schedule are both appropriate and consistent with
these other jurisdictions. Additionally, the Marin Humane Society has confirmed that the
proposed fee increases do not exceed the cost of providing the associated services. Finally,
City/Town Managers were presented with the revised fee schedule via email memorandum on
April 3, 2008 and are in agreement with the proposed changes. The last Animal Control fee
increase was in 2003.
FISCAL IMPACT: Anticipated annual revenue increase is estimated to be $33,428 for the
County and $77,998 for Marin cities/towns.
REVIEWED BY: [ ] Department of Finance [X ] N/A
[X ] County Counsel [ ] N/A
[ ] Human Resources [X ] N/A
Respectfu ly ubmitted,
a t e H. el
County Administrator
MHH/Icd
Attachment
ORDINANCE NO. 3532
ORDINANCE OF THE MARIN COUNTY BOARD OF SUPERVISORS
ESTABLISHING INCREASES IN FEES COLLECTED FOR ANIMAL CONTROL SERVICES CODIFIED
IN CHAPTER 8.04 OF TITLE 8 OF THE MARIN COUNTY CODE
THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Fees for the various services provided under Marin County Code Chapter 8.04 as
described and identified below (all code references are to sections of the Marin County Code) are hereby
amended to read as follows and shall become operative upon all parties to the Joint Powers Agreement for
the implementation of county -wide animal control services adopting said fees. Said event shall be
memorialized by the Board's adoption of a resolution implementing the new fees authorized hereunder.
Until that resolution is adopted, the County's current fees (as set forth below within brackets) shall remain
in full force and effect. All cost pass-through policies, delinquent charges and discount policies are
intended to continue unchanged and will remain in full force and effect prior to resolution adoption as well
as thereafter.
Fee Category
DOG LICENSE FEES ESTABLISHED UNDER 8.04.060 FOR A:
Sterilized Dog
[Existing Fee] New Fee"
For a one year license
[$12.00]
$16.00
For a two year license
[$18.00]
$24.00
For a three year license
[$24.00]
$34.00
Unsterilized Dog
[$125.00]
$135.00
For a one year license
[$36.00]
$45.00
For a two year license
[$50.00]
$55.00
For a three year license
[$70.00]
$77.00
DELINQUENT DOG LICENSE FEES ESTABLISHED UNDER
[$30.00]
$40.00
8.04.070
DUPLICATE LICENSE TAG FEE ESTABLISHED UNDER 8.04.080 [$2.00] $5.00
REDEMPTION FEES (IMPOUND FEES) ESTABLISHED UNDER 8.04.140 AND
8.04.150 FORA:
Sterilized Animal
upon a first impoundment during a 12 month period
[$50.00] '
$60.00
upon a second impoundment during a 12 month period
[$75.00]
$85.00
upon a third impoundment during a 12 month period
[$100.00]
$100.00
upon a fourth impoundment during a 12 month period
[$125.00]
$135.00
upon subsequent impoundment during a 12 month period
[$200.00]
$210.00
Unsterilized Animal
upon a first impoundment during a 12 month period
[$60.00]
$85.00
upon a second impoundment during a 12 month period
[$85.00]
$130.00
upon a third impoundment during a 12 month period
[$110.00]
$150.00
upon a fourth impoundment during a 12 month period
[$135.00]
$175.00'
upon subsequent impoundment during a 12 mo. Period
[$210.00]
$225.00
Page 1 of 4
Ordinance No. 3532
Fee Category
DEAD DOG, CAT AND SMALL HOUSEHOLD PET REMOVAL
FEES ESTABLISHED UNDER 8.04.195
DEAD WILDLIFE REMOVAL FEES ESTABLISHED UNDER
8.04.195
for removal & disposition of dead wildlife under 50 lbs.
for removal & disposition of dead wildlife 50 lbs. & over
BOARDING FEES FOR QUARANTINED OR IMPOUNDED
ANIMALS ESTABLISHED UNDER 8.04.050 AND 8.04.150
Sterilized Animals
Charge for boarding a sterilized dog per day
Charge for quarantining a sterilized dog per day
Charge for boarding a sterilized cat per day
Charge for quarantining a sterilized cat per day
Unsterilized Animals
Charge for boarding an unsterilized dog per day
Charge for quarantining an unsterilized dog per day
Charge for boarding an unsterilized cat per day
Charge for quarantining an unsterilized cat per day
[Existing Fee] New Fee`
[$40.00]
[$40.00]
[$75.00]
[$20.00]
[$22.00]
[$10.00]
[$18.00]
[$30.00]
[$32.00]
[$15.00]
[$20.00]
$50.00
$50.00t
$90.00t
$20.00
$30.00
$12.00
$28.00
$32.00
$35.00
$18.00
$32.00
Animals other than dogs and cats that need to be boarded due to quarantine or impound shall be
charged for said services at the same rate as those for cats for the status of the animal and
category of services described.
All veterinary fees associated with veterinary care provided to any animals in the Animal
Services Agency's care pursuant hereto shall be directly recoverable as a charge pursuant to
this ordinance.
Payment is delinquent if not received within 60 days. In the event that payment is not received
within 60 days, a delinquency charge equaling the amount of the invoice shall be assessed. For
each additional month of delinquency, another twenty percent penalty charge shall be assessed.
POTENTIALLY DANGEROUS/VICIOUS DOG PERMITS
ESTABLISHED UNDER 8.04.181
Potentially Dangerous the charge for annual record keeping pursuant [$50.00] $125.00
to 8.04.181 (e)(1 5)(i)
Vicious Dog the charge for annual record keeping pursuant to [$100.00] $250.00
8.04.181(e)(16)(i)
HOBBYIST & RANCH DOG FEES ESTABLISHED UNDER 8.04.245
& 8.04.246
Dog Hobbyist Permit the charge for issuance of each dog hobbyist [$100.00] $125.00
permit
Ranch Dog Permit the charge for issuance of each ranch dog permit [$100.00] $125.00
The issuance of a dog hobbyist or ranch dog permit includes provision of an individual license for
each dog harbored under the permit at no additional charge.
Page 2 of 4 Ordinance No. 3532
EXHIBIT FEE & COMMERCIAL ANIMAL ESTABLISHMENT
ESTABLISHED UNDER 8.04.230 AND 8.04.240
Animal Exhibition Fee the charge for timely processing of unwaived
exhibit fee
Commercial Animal Establishment Fee for an annual permit & for
timely renewals
Delinquency charge assessed for late renewal of an expired permit
Additional charge assessed for every calendar month of said
delinquency
STRAY LIVESTOCK CHARGES ESTABLISHED PURSUANT TO
8.04.220
Equine and Bovine (over 6 mo.) charge for securing
and keeping (per day)
Equine and Bovine (6 mo. & under) & sheep, Iamb, goat, hogs, etc.
charge for securing
and keeping (per day)
Herding Fee the charge per hour or any fraction thereof for return of
an animal that has strayed
[$200.00] $250.00
[$200.001
[$40.001
[$40.001
[$50.001
[$20.001
[$35.001
[$12.001
[$35.001
$200.00
$50.00
$40.00
$100.00
$40.00
$50.00
$20.00
$40.00
All costs incurred by County in connection with such animals shall be a pass-through to the
animal owner, including, but not limited to, the cost of herding, advertising, transporting, drugs,
and veterinary services.
SENIOR CITIZEN, BLIND OR DISABLED PERSON'S DISCOUNT
ON SPECIFIED FEES PURSUANT TO 8.04.255
Dog license Fees (any duration) discount from listed fees 25% 25%
discount discount
* Increased fees denoted in bold font
t Said removal and disposition fees shall be chargeable to the property owner where the dead wildlife is found.
SECTION IL This ordinance shall be liberally construed to achieve its purposes and preserve its
validity. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to
be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this
ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and every
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.
SECTION III. Effective Date. This ordinance shall be and is hereby declared to be in full force
and effect as of thirty (30) days from and after the date of its passage and shall be published once
before the expiration of fifteen (15) days after its passage, with the names of the supervisors voting for
and against the same in the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation
published in the County of Marin.
Page 3 of 4 Ordinance No. 3532
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of
Marin held on this 151h day of December 2009, by the following vote:
AYES: SUPERVISORS Susan L. Adams, Charles McGlashan, Judy Arnold,
Harold C. Brown, Jr.
NOES: NONE
ABSENT: SUPERVISOR Steve Kinsey
r
PRESIDENT, BO., OF SUPERVISORS
Page 4 of 4 Ordinance No. 3532
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AMENDING THE MASTER FEE SCHEDULE FOR ANIMAL
CONTROL SERVICES FEES
WHEREAS, the City Council on January 20, 2009 adopted Resolution No. 12647,
establishing the Master Fee Schedule for the City of San Rafael, including a schedule of
fees for Animal Control Services as set forth in Exhibit "J" which continued the level of
fees for Animal Control Services previously set in 2003; and,
WHEREAS, the Joint Powers Agreement, dated May 22, 1979, between the
County of Marin, the City of San Rafael, and other cities in the County, provides for the
provision of Animal Control Services by the County of Marin through its contract with the
Marin Humane Society, and requires that the City of San Rafael maintain its Animal
Control Services fees in conformity with the fees established by the County of Marin; and
WHEREAS, the County of Marin Board of Supervisors on December 15, 2009,
after a duly noticed public hearing, adopted Ordinance No. 3532 authorizing revised
Animal Control Services fees, subject to all the parties to the Animal Control Services
Joint Powers Agreement approving such revised fees; and
WHEREAS, the County of Marin Office of the Administrator in its staff report
supporting the Board of Supervisor's adoption of Ordinance No. 3532 stated that the
increased animal control services fees would not exceed the cost of providing the services
associated with those fees; and
Page 1 of 2
WHEREAS, the City Clerk pursuant to Government Code Sections 66018 and
6062a has published notices of a public hearing concerning the City's proposed
amendment of Master Fee Schedule by adoption of a Resolution revising Schedule "J" of
the Master Fee Schedule concerning Animal Control Services fees;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby amends the existing Master Fee Schedule, Resolution No. 12647, by
deleting Exhibit "J" now contained therein, and substituting the revised Exhibit "J" as
shown on the Attachment hereto, establishing new Animal Control Services fees
consistent with Marin County Ordinance No. 3532, effective upon the date that the Marin
County Board of Supervisors adopts a Resolution memorializing approval by all the
members of the Animal Control Services Joint Powers Agreement of the Animal Control
Service fees authorized by Marin County Ordinance No. 3532.
I, Esther C. Beirne, City Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on the 16th day of February, 2010, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Page 2 of 2
Esther C. Beirne, City Clerk
Exhibit J
CITY OF SAN RAFAEL
SCHEDULE OF FEES FOR ANIMAL CONTROL SERVICES
# 01-05-22
PRESENT I RECOMMENDED
DESCRIPTION I CHARGE CHARGE
Sterilized Dog - For a one year license
$12.00
$16.00
For a two year license
$18.00
$24.00
For a three year license
$24.00
$34.00
Unsterilized Dog - For a one year license
$36.00
$45.00
For a two year license
$50.00
$55.00
For a three year license
$70.00
$77.00
Delinquent Dog License Fees
$30.00
$40.00
Duplicate License Tag Fee
$2.00
$5.00
Redemption Fees (Impound Fees) for a:
Sterilized Animal
upon a first impoundment during a 12 month period
$50.00
$60.00
upon a second impoundment during a 12 month period
$75.00
$85.00
upon a third impoundment during a 12 month period
$100.00
$100.00
upon a fourth impoundment during a 12 month period
$125.00
$135.00
upon subsequent impoundment during a 12 month period
$200.00
$210.00
Unsterilized Animal
upon a first impoundment during a 12 month period
$60.00
$85.00
upon a second impoundment during a 12 month period
$85.00
$130.00
upon a third impoundment during a 12 month period
$110.00
$150.00
upon a fourth impoundment during a 12 month period
$135.00
$175.00
upon subsequent impoundment during a 12 mo. Period
$210.00
$225.00
Dead Dog, Cat and Small Household Pet Removal Fees
$40.00
$50.00
Dead Wildlife Removal Fees:
for removal & disposition of dead wildlife under 50 lbs.
$40.00
$50.00
for removal & disposition of dead wildlife 50 lbs. & over
$75.00
$90.00*
*Said removal and disposition fees shall be chargeable to the property
owner where the dead wildlife is found.
WACity Managers- WorkFileXAnimals\2010 fee update\Exhibit J_Animal Fee Schedule 2010.doc
Page i of 3
Boarding Fees for quarantined or impounded animals
Sterilized Dogs the charge for boarding a sterilized dog per day is
$20.00
Unsterilized Dogs the charge for boarding an unsterilized dog per day is
$30.00
Quarantine -Sterilized the charge for quarantining a sterilized dog per day is
$22.00
Quarantine -Unsterilized the charge for quarantining an unsterilized dog per
$32.00
day is
Sterilized Cats the charge for boarding a sterilized cat per day is
$10.00
Unsterilized Cats the charge for boarding an unsterilized cat per day is
$15.00
Quarantine -Sterilized the charge for quarantining a sterilized cat per day is
$18.00
Quarantine -Unsterilized the charge for quarantining an unsterilized cat per
day is
$20.00
Exhibit J
$20.00
$32.00
$30.00
$35.00
$12.00
$18.00
$28.00
$32.00
Animals other than dogs and cats that need to be boarded due to quarantine or impound shall be
charged for said services at the same rate as those for cats for the status of the animal and category of
services described.
All veterinary fees associated with veterinary care provided to any animals in the Animal Services
Agency's care pursuant hereto shall be directly recoverable as a charge pursuant to this ordinance.
Payment is delinquent if not received within 60 days. In the event that payment is not received within
60 days, a delinquency charge equaling the amount of the invoice shall be assessed. For each
additional month of delinquency, another twenty percent penalty charge shall be assessed.
Potentially DangerousNicious Dog Permits
Potentially Dangerous the charge for record keeping $50.00 $125.00
Vicious Dog the charge for record keeping $100.00 $250.00
Hobbyist & Ranch Dog Fees
Dog Hobbyist Permit the charge for issuance of each dog hobbyist permit $100.00 $125.00
Ranch Dog Permit the charge for issuance of each ranch dog permit $100.00 $125.00
The issuance of a dog hobbyist or ranch dog permit includes provision of an individual for each dog
harbored under the permit at no additional charge.
Exhibit Fee & Commercial Animal Establishment:
Animal Exhibition Fee the charge for timely processing of unwaived exhibit
fee $200.00 $250.00
Commercial Animal Establishment Fee for an annual permit & for timely
renewals $200.00 $200.00
A delinquency charge shall be assessed for late renewal of an expired
permit $40.00 $50.00
An additional charge shall be assessed for every calendar month of said $40.00 $40.00
delinquency
W:\City Managers- WorkFile\Animals\2010 fee update\Exhibit J_Animal Fee Schedule 2010.doc
Page 2 of 3
Exhibit J
Stray Livestock Charges
Equine and Bovine (over 6 mo.) charge for securing
$50.00
$100.00
and keeping (per day)
$20.00
$40.00
Equine and Bovine (6 mo. & under) & sheep, Iamb, goat, hogs, etc.
charge for securing
$35.00
$50.00
and keeping (per day)
$12.00
$20.00
Herding Fee:
the charge per hour or any fraction thereof for return of an animal that has
strayed
$35.00
$40.00
All costs incurred in connection with such animals shall be a pass-through to the animal owner,
including, but not limited to, the cost of herding, advertising, transporting, drugs, and veterinary
services.
Senior Citizen, Blind or Disabled Person's Discount on Specified Fees
Dog license Fees (any duration)
W:\City Managers- WorkFile\Animals\2010 fee update\Exhibit J_Animal Fee Schedule 2010.doc
Page 3 of 3
25% discount from listed
fees
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
The City Council of the City of San Rafael will hold a public hearing:
PURPOSE: Public Hearing: To consider adoption of Resolution amending
Schedule "J" to Master Fee Schedule Resolution No. 12647 for
Animal Control Services Fees.
DATE/TIME/PLACE: Tuesday, February 16, 2010, at 8:00 p.m.
City Hall Council Chamber, 1400 Fifth Avenue, San Rafael
WHAT WILL HAPPEN: You may comment on the proposed Resolution. The
City Council will consider all public testimony and will
then decide whether to approve the amendment.
IF YOU CANNOT ATTEND: You may send a letter to Esther C. Beime, City Clerk,
City of San Rafael, P.O. Box 151560, San Rafael, CA
94915-1560. You may also hand deliver a letter to the
City Clerk prior to the meeting.
FOR MORE INFORMATION: You may contact Nancy Mackle, Deputy City Manager, at (415)
485-3384. Office hours are Monday through Friday, 8:30 a.m.
to 5:00 P.M.
/s/ ESTHER C. BEIRNE
ESTHER C. BEIRNE, City Clerk
(Please publish in the Marin Independent Journal on Monday February 1, 2010 and
Monday, February 8, 2010)