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Home My WebLink AboutCM 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)