HomeMy WebLinkAbout10-31-1995 City Council Study Session
MINUTES
CITY COUNCIL STUDY SESSION
CITY OF LAKE ELSINORE
130 SOUTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
CONFERENCE ROOM A & B
TUESDAY, OCTOBER 31, 1995
*****************************************************************
CALL TO ORDER
Mayor Washburn called the City Council Study Session to order at
8:39 a.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Community Services Director
Sapp.
ROLL CALL
PRESENT: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
ABSENT: COUNCILMEMBERS: NONE
Also present were: City Manager Molendyk, Community Services
Director Sapp, Community Services Manager Edelbrock , Representative
of L.E.A.F., Ann Washington and Deputy City Clerk Bryning.
DISCUSSION ITEM
1. L.E.A.F. Animal Control Ordinance Revisions. (F: 1<6.\)
City Manager Molendyk explained that the purpose of this Study
Session is to give Council the opportunity to ask questions
regarding Animal Control and the proposed Ordinance revisions.
Ann Washington, representative of L.E.A.F., explained that the
major issues for consideration deal with the proposed outdoor
cat licensing program, breeding permit program and a one year
breeding moratorium as well as revisions of the existing fee
structure.
Mayor Washburn asked about the moratorium and how it will be
monitored. Mrs. Washington stated that it would be monitored
the same way that they handle complaints and through
licensing. She stated that they will not go door to door, but
will continue to do business the same as they are now.
Councilman Alongi stated that the way the Moratorium on
Breeding reads is that "No person shall cause or allow any cat
or dog owned, harbored or kept by that person within the City
of Lake Elsinore to breed or reproduce during the moratorium."
and that says that if a person has an unaltered female or male
that the person could not breed them. Mrs. Washington stated
. ~
PAGE TWO - CITY COUNCIL STUDY SESSION - OCTOBER 31, 1995
breeding. Mrs. Washington stated that the next step is the
mandatory spay/neuter which would mean either the owner plans
to breed and they get a permit or they don't. Councilman
Alongi stated that in the second part of the Moratorium it
states "No person shall transport any dog or cat, from or
within the City of Lake Elsinore for the purposes of breeding
such dog or cat." and again this translates that a person
cannot bring a dog or cat into the City for the sole purpose
of breeding it without permission. He explained that he does
not want to remove the right of a person if they want to breed
their dog or cat, whether it is a registered animal or a
mongrel. He stated that he felt that it should read that "If
any animal is captured outside the home unlicensed or licensed
and appears to be pregnant then the rules would apply, but he
felt that it is wrong to tell a person that they do not have
the right to breed their animal. He stated that it is a
violation of a persons Civil Rights.
Mayor Washburn asked if other cities are doing the same
program. Mrs. Washington stated that some areas have this
program, but the most popular is the mandatory spay/neuter
program or breeding permit. Mayor Washburn confirmed that it
is mandatory. Mrs. Washington stated that the mandatory
program has worked very well and there are only a few areas
utilizing the Moratorium On Breeding of Cats and Dogs program.
Councilwoman Brinley stated that she felt that the Moratorium
would be a tough law to enforce and asked how they would man
a campaign to educate the people. She commented that it would
need more of an extensive time period to educate the people.
Mrs. Washington stated that with an agency like L.E.A.F. if
there are tools on the books it can be enforced. She compared
it to the Seat Belt Law and explained that even though people
knew that it was better and safer for them to wear seat belts
it wasn't until the law went into effect that they wore their
belts and this would be the same type of issue. She explained
that if they advertised it on Cable T.V. as well as a flyer
sent to every resident, then she felt that education and
awareness would be satisfied. Councilwoman Brinley asked if
first time offenders would get warnings. Mrs. Washington
stated that it would be like a fix-it ticket, and if the
animal has a litter, they must get their animal spayed or
neutered or pay the fine. She explained the enforcement
procedures.
Councilman Alongi stated that if L. E .A. F. wants to enact
strict fines against those who allow their animals to run
loose and breed, he does not have a problem with fining those
in violation, but he does have a problem with the fact that
any person who owns an animal, if the moratorium goes into
effect, must show proof that the animal was breed out of state
or be in violation of the law. He pointed out that this would
attack those who may be law abiding citizens. He stated that
he felt L.E.A.F. should go after the people who allow their
animals to run loose and do not accept responsibility for the
-
-
PAGE THREE - CITY COUNCIL STUDY SESSION - OCTOBER 31, 1995
Mrs. Washington pointed out the cat situation and explained
that from June 1, to June 19, L.E.A.F. received 488 cats and
kittens. She stated that there is no licensing for cats and
they get no financial support for that effort.
Councilwoman Brinley stated that somehow the over population
needs to be addressed. She stated that the verbiage should be
altered to give flexibility for the owner who has a litter and
gives them away. She further stated that she has no problem
with mandatory spay and neutering since she feels that the
City needs to take a stand somewhere.
Councilman Alongi asked how the City can enforce the Ordinance
where there are no facilities to enforce it. He explained
that the persons who will be hit by this are the persons who
unintentionally violate the Ordinance and did not know. He
pointed out that those persons who are negligent are going to
be negligent whether the City enforces this or not. He
pointed out that this Ordinance should be aimed at persons who
are irresponsible and asked that the City not discourage those
who are responsible.
Mrs. Washington stated that she knows several people who are
responsible and allow their animals to breed and find them
good homes, however those good homes might not necessarily be
a good home later on. She pointed out that those animals end
up in the shelter and have no home. She noted that if persons
see that what they do causes more animals to be put to death,
then they would be made to take responsibility. Councilman
Alongi pointed out that this is the reason why there are
higher fees for unaltered animals. Mrs. Washington stated
that if there were no moratorium, but a mandatory spay/neuter
program they would still do a media education and enforce a
breeding permit.
Mayor Washburn noted the time and money L.E.A.F. spends for
handling cats and dogs and asked if this program is to relieve
the costs and reduce the amount spent to meet the budget.
Mrs. Washington stated that if they can reduce the. numbers
being born then they will reduce the problem. Mrs. Washington
explained that her organization does free spay/neuter for
people and even provide transportation which is not paid for
by the City. She further explained that they educate at the
schools, their officers educate on the streets and staff
educates people. This is in a effort to try to solve the
problems. She pointed out the money the City gives to
L.E.A.F. pays for animal control. She pointed out that it
cost approximately $200 a day to kill animals and this needs
to be addressed and stopped.
Councilwoman Brinley asked which cities use the Moratorium.
Mrs. Washington stated that the majority of cities and
counties are using the mandatory spay/neuter program and it
works well. She gave an overview of the program and how it
operates. She stated that they need to solve the problem with
the shrinking budget situation that we are all faced with.
PAGE FOUR - CITY COUNCIL STUDY SESSION - OCTOBER 31, 1995
the animals in for spaying and neutering. He stated that he
would be interested in contacting the cities that have
mandatory spay/neutering and cat licensing. He asked how big
the area is that L.E.A.F. covers.
She stated that what she is here for today is only the City of
Lake Elsinore. and their efforts address the City of Lake
Elsinore only. She stated that L.E.A.F. does contract with
Canyon Lake and Murietta. She noted that Temecula has asked -.
them to take over their program. She pointed out that all the
other agencies that have come in have helped them to survive
and spread the expenses out. She explained that the County
brings in animals to hold and L.E.A.F. receives a fee for
holding.
City Manager Molendyk stated that the City has a budget of
$75,000 and asked how much Murietta and Temecula pays. Mrs.
Washington stated that Murietta pays $60,000 for 4 hours
service and Temecula will pay $80,000 for 6 hours of service.
She pointed out that the City of Lake Elsinore receives 10
hours of service. City Manager Molendyk explained that the
City receives a greater level of service for our dollar in
comparison to other cities. Mrs. Washington gave an overview
of the activity report and noted that they experienced a loss
of $5,971 in this quarter. She pointed out that the City of
San Jacinto is cutting their Animal Control program and their
police will pick up dead dogs and handle biting problems only.
She made note of the fact that the mandatory spay/neuter
program will help to solve the overpopulation problems and aid
in cutting costs.
City Councilmember Pape stated that he felt that Council was
not in favor of the Moratorium. He stated that he is in favor
of cat licensing since he has always felt that it is unfair to
have dog owners purchase a license and not cat owners. He
pointed out that they are both house pets and should be
treated equal. He asked why the licensing fees are different
for cats than they are for dogs. Mrs. Washington stated that
it is to get people into the program and she feels that people
would get involved with the program if it were made
reasonable. She stated that L.E.A.F. would be willing to put
in the microchip which costs $6.00 and a rabies vaccine which
costs a $1.00. She explained that then if the cat were picked
up it could be scanned and returned to its home. Councilman
Pape asked if Mrs. Washington had estimated the amount of
revenue it would generate if cats were licensed. Mrs.
Washington stated that she could not guess and explained that
this would be a voluntary program. She explained that the
vets would keep track of the amount of shots that cats receive
and microchips. Mrs. Washington stated that the vets she has
spoken to will agree to provide the information and assist in
the licensing. Councilman Pape asked if by implementing the
cat license would be sufficient to off-set the $20,000 cut in
funding that occurred. Mrs. Washington stated that if the fee
for a license for an unaltered animal are charged it would
assist. Councilman Pape stated that he did not have a problem
-
PAGE FIVE - CITY COUNCIL STUDY SESSION - OCTOBER 31, 1995
City Manager Molendyk stated that this is a needed service and
pointed out Proposition 4 which is aimed at the "User Pays"
principle. He made note of the fact that Mrs. Washington is
making an attempt to implement this principle and it does
benefit owners to spay or neuter their animals and would make
the program more self supporting.
Councilman Alongi pointed out that the license for a pot
bellied pig is $250 and asked how many licenses there are for
them in the City. Mrs. Washington stated that there are 2.
Councilman Alongi pointed out that the amount charged will aid
in control. He suggested that the fee is the key and if it is
$75 for an unaltered dog and $10 for an altered dog then it
will encourage people to pursue this. He pointed out that the
obj ecti ve of this entire program is to make people take
responsibility for their animals and not to discourage them.
He stated that people understand money. He stated that he
wishes to encourage people to alter their animals and not give
them up because it is too expensive to keep them. Councilman
Alongi pointed out that the City has euthanized 25% more cats
than dogs and yet the cost of a license is 50% less and a cat
is a pet just the same as a dog and should be licensed the
same. He pointed out that we need to find an area to control
the situation to assist the budget and he feels that raising
fees is not the answer. He stated that he felt that it should
be addressed through violations. He pointed out that if a
person is a breeder and is making money on the litters then
they should have a business license.
City Manager Molendyk asked for clarification from Councilman
Alongi regarding the pet owners take responsibility, then the
City should not have to under write the cost. Councilman
Alongi stated that if L.E.A.F. could raise their fees, then
they could relieve the City budget, but it will take time to
put the program in place. He pointed out that the responsible
person saves L.E.A.F. money as well as the City since the
major cost of Animal Control is patrol service and
euthanization. He stated that he wants to encourage people to
go to L.E.A.F. He further noted that the City has a JPIA
with insurance and parks and asked it be considered to have a
JPIA with Canyon Lake, Murietta and Temecula for Animal
Control. He pointed out that this would facilitate a building
and vets to do free altering and help solve some of the
problems.
There was general discussion regarding breeding and the need
for a business license.
City Manager Molendyk explained that through the efforts of
control the City and L.E.A.F. can reduce costs and ultimately
the program could be self supporting.
Councilman Alongi stated that the City has the ability to lien
property to recover costs and asked how L.E.A.F. could
enforce. Mrs. Washington explained that it is through
citations. She explained that if they have the animal altered
.&....1- _ __ .1-'_
PAGE SIX - CITY COUNCIL STUDY SESSION - OCTOBER 31, 1995
funding. Mrs. Washington pointed out the difference in the
numbers between cities and the level of service. She pointed
out that they use state of the art vehicles which the City has
not paid for and pointed out that they receive state funding
as well as grant money.
Mayor Washburn made note of the fact that Council will no
longer make vicious dog decisions and he was very much in __
favor of that.
Mrs. Washington stated that they are pursuing grant monies as
well as having received an estate and are planning a state of
the art facility. Councilman Alongi stated that he felt that
the JPIA would be a good thing because there would be no
division between cities and it would make possible new and
better facilities with better service.
Mrs. Washington stated that the County has requested that
L.E.A.F. redo the Animal Control Ordinance and she is
proposing a change in the material presented to Council which
was from the County of Riverside. She asked that Section
62.701. ANIMALS IN UNATTENDED VEHICLES read as follows: No
person shall leave an animal in any unattended vehicle without
adequate ventilation or in such a manner as to subject the
animal to extreme temperatures which adversely affect the
animal's health or welfare.
Community Services Director Sapp stated that he felt that it
was important to curtail over population of the animals and
stated that he felt that this could be done through mandatory
altering and a change in the fee structures. He explained
that he felt that the money that was cut from the Animal
Control budget could be made up in this way.
-
Mrs. Washington asked if Council would like the Moratorium to
be eliminated from further discussion. Mayor Washburn
suggested that Mrs. Washington submitted the Mandatory
Spay/Neuter program as well as the Moratorium language to give
Council the opportunity to choose.
Mrs. Washington suggested that the Moratorium be dropped and
the Mandatory Spay/Neuter program be addressed because it is
a needed tool.
Councilman Alongi stated that there are responsible people who
do not like to alter their animals and do not let their
animals run wild. He stated that this is where he is having
a problem. He explained that if they want to pay an
additional charge for having an unaltered animal in their yard
or in their home, then they should be allowed that
opportunity. He stated that he felt that it is important to
go after the people who are negligent time after time that
need to be addressed, then it should be mandatory to alter
their animals. Councilman Alongi stated that he is opposed to
any kind of mandatory altering unless the order comes from
PAGE SEVEN - CITY COUNCIL STUDY SESSION - OCTOBER 31, 1995
Council concurred that cats should be treated the same as
dogs.
ADJOURNMENT
MAYOR WASHBURN ADJOURNED THE CITY COUNCIL STUDY SESSION AT 9:25
P.M.
Respectfully Submitted,
MAYOR
(U ~f ;
Adria L. Bry
Clerk
2f;~w
VICKI KASAD, CITY CLERK