HomeMy WebLinkAboutCC-07/13/2000MINUTES
CITY COUNCIL STUDY SESSION
CITY OF LAKE ELSINORE
130 SOUTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
THURSDAY, JULY 139 2000
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CALL TO ORDER
Mayor Brinley called the Study Session to order at 3:02 p.m.
PLEDGE OF ALLEGIANCE
Mayor Brinley led the Pledge of Allegiance.
ROLL CALL
PRESENT: COUNCILMEMBERS: KELLEY, PAPE,
SCHIFFNER,
BRINLEY
ABSENT: COUNCILMEMBERS: METZE
Also present were: City Manager Watenpaugh, Assistant City Manager
Best, Administrative Services Director Boone, Community Services Director
Sapp, Information/Communications Manager Dennis and Deputy City Clerk
Bryning.
PUBLIC COMMENTS — AGENDIZED ITEMS
Tim Fleming, 17970 Lakeshore Drive, gave a history of his problems with
barking dogs in his neighborhood. He stated that it has taken three years to
resolve the problem. He stated that the owners refused to comply with
requests from both the neighborhood and Animal Control. He indicated that
because of a hearing by Animal Control, the owners finally got rid of the
dog, but now they have a new dog and the neighborhood is experiencing the
same problem. He asked that Council assist Animal Control is giving the
Animal Control Ordinance some teeth for enforcement.
Denise Reese - Fleming, 17970 Lakeshore Drive, concurred with Mr. Fleming
and noted the location of their home. She explained that they live in an open
space area and barking dog noise carries for up to one -half a mile. She
noted that she had seen dogs tied up for months at a time and given little to
no attention, which can, and usually does lead to barking problems. She
stated that she felt that this was cruel treatment and unfair to the entire
neighborhood. She stated that Animal Friends of the Valley have helped a
great deal to address the problems and commended their efforts. She asked
that the Council consider creating a better way for Animal Control to
address these problems
PAGE TWO - STUDY SESSION - JULY 13, 2000
DISCUSSION ITEM
1. Animal Friends of the Valley.
City Manager Watenpaugh stated that this item was before Council
with a request for a new contract with an increase in the amount over
what is currently being charged. He noted that Animal Friends of the
Valley was formerly Lake Elsinore Animal Friends formed in 1988.
He commented that LEAF has operated without an increase since the
City reduced the budget several years ago. He noted that when the
item was brought before Council, Animal Friends of the Valley was
unable to provide staff to answer questions and a Study Session was
set to provide the opportunity for Council to review of the item. He
stated that Ann Washington, General Manager and Willa Bagwell,
Assistant Director of Animal Friends of the Valley were available for
questions. He indicated that Community Services Director Sapp has
met with Ms. Washington and discussed some of the questions that
Council is concerned about.
Mayor Pro Tem Pape asked about the status of Mrs. Boyd's
complaint. Ms. Bagwell stated that the owners were notified that
there have been several complaints regarding their Pitbull dogs. She
indicated that on July 13, 2000 at 6:00 a.m., the owner was contacted
and informed that a leash, chain or cable must be attached in such a
manner as to prevent the dogs from coming off the property or onto
the public right of way was required. She noted that the owner was
advised that if there were further incidents regarding the dogs running
at large, Animal Friends of the Valley would pursue a warrant to
remove the dogs pending a hearing. The owner agreed to comply.
Mayor Brinley asked why Mrs. Boyd was not contacted and
questioned the response that Mrs. Boyd received from the Animal
Control Officer that she talked to on the phone. Ms. Bagwell stated
that the officer in questioned was interviewed and she stated that Mrs.
Boyd had told her that the dogs were not aggressive, however they
were running at large and it was feared that they would be aggressive.
Mrs. Boyd did not report that the dogs were being aggressive or that
she had to take physical action. Ms. Washington noted that Animal
Control received a call on Saturday from an unidentified caller
questioning if the City had a leash law, and informed the officer that
there were two pitbull dogs at large. She noted that the officer
reported that they were not being aggressive and the owners were in
the front yard with them, however they were allowed to leave the
property. Ms. Washington noted the number of tags that were left on
the owner door prior to making personal contact. She indicated that
Animal Control had received no response from the owner of the dogs
until she was personally contacted. Mayor Brinley stated that Mrs.
Boyd did not know that Animal Control was addressing the issue and
that was why she came before Council. Ms. Washington apologized
that staff did not call back and stated that even though they had not d
PAGE THREE - STUDY SESSION - JULY 139 2000
had personal contact with the owner, they should have informed Mrs.
Boyd of the actions taken. She noted that it was not initially reported
by Mrs. Boyd that the dogs had run up to her and that she felt
threatened and had to take physical action. She explained that had the
Animal Control Officer known the status of the threat, a warrant could
have been obtained with the City Attorney's assistance and the dogs
removed. She explained the amount of time that type of action takes.
COUNCILMAN METZE ARRIVED AT 3:28 P.M.
Mayor Pro Tem Pape questioned the mileage charged for vehicle
replacement. Ms. Washington stated that Animal Friends of the
Valley have reached a point where they cannot provide the vans. She
noted that when LEAF was formed, they purchased the van from the
City, and since then they have provided the vans for all the Cities they
service, however they have reached a point where the Board has
determined they can no longer do that. She noted that they have
figured a mileage cost to cover the cost of operation as well as provide
a replacement amount to provide new vehicles. Mayor Pro Tem Pape
stated that the standard IRS rate is $31 a mile and that includes fuel,
maintenance and depreciation. He stated that it seems to be double at
$.40 a mile plus $11,000 a year for replacement. He asked how the
$.40 was decided. Ms. Washington stated that a study was done and
that amount was determined due to the type of vehicle used and type
of roads they travel on that cause the need for suspension replacement
and repair greater than would be necessary for a private vehicle. She
stated that it costs $.40 a mile just to operate and maintain each
vehicle. Mayor Pro Tem Pape commented that he felt that $.40 a mile
was excessive and explained that $31 includes depreciation of the
vehicle and should cover the cost of repairs as well. He stated that it
should be one or the other and not the $11,000 as well as $.40 a mile.
He explained that the $.40 a mile should cover the cost of the
operations and maintenance as well as the cost of a new vehicle, and
not both amounts. He questioned the cost of the 911 calls. Ms.
Bagwell explained the need for an on -call officer to respond for night
calls that are emergencies after hours. Mayor Brinley asked for
clarification of the emergency calls. Ms. Bagwell explained that they
provide the public with an 800 number, which goes to an answering
service, and they dispatch an officer to the call. She noted that Police
Dispatch no longer handles emergency calls for Animal Control and
Animal Friends of the Valley must pay an answering service to
respond to the public. She noted that this is after 5:00 p.m. and before
8:00 a.m.
Mayor Pro Tem Pape noted the difference in cost and service of
Animal Control Officers. Ms. Washington stated the problem with
keeping people in the license system. She noted that they send
reminders for licensing and when there is no response, the officer
must go to the residence to make contact. She stated that if
PAGE FOUR - STUDY SESSION - JULY 139 2000
Administrative Citations are approved it would assist Animal Control
in getting the people to license their dogs within 14 days, without
getting a signature by finding the owners at home or calling the police
out for people that do not want to sign citations. She explained that
when a citation goes to the court system, they are still not required to
obtain a license and the money goes to the court. She noted that an
administrative citation would keep the money at animal control level
and reduce costs. Ms. Washington noted the Animal Control Study
that was done and explained that the City of Murrieta and Temecula
paid for the Study to be sure that the amounts charged were accurate.
She noted that the fees included in the study are the actual costs for
operation.
Mayor Pro Tem Pape noted the cost of the interim facility and the cost
of the new facility. He noted the amount charged for the officers
would not go to their salary, but to the new building. Ms. Washington
stated that a portion would be spent on the new facility, however the
cost for increase in wages was a factor as well. Mayor Brinley asked
what percentage of the money allocated for officers would be going to
the new building. Ms. Washington stated that the amount is for
wages, future increases, support staff, uniforms and benefits as well as
cost of utilities and personal needs of the Officers.
There was general discussion regarding the cost per Animal Control
Officer and the additional amount required to maintain each Officer.
Councilwoman Kelley clarified that the current $31.00 per hour was
not maintaining the officer and the cost to maintain the officer at the
Interim Shelter would be $41.00 per hour and would increase to
$45.00 when the new Shelter opens. Ms. Washington stated that the
amount figured was figured into the formula of the Study for full cost
recovery. She stated that what they are requesting is a $10,000
increase in the contract amount. She noted that LEAF lost $20,000
five years ago and during that time services have increase with the
growth of the City. She stated that they have met those demands
without receiving an increase in funds and can no longer operate at
that level. She stated that Animal Friends of the Valley wished to
work with the City and noted that if the City would allow the
implementation of Administrative Citations, it could create a
reduction in costs.
Mayor Pro Tem Pape noted the Assets of Animal Friends of the
Valley and noted the $715,000 in the line items listed as Investment -
Financial Network and Cash Sav- Aetna. He asked the source of those
monies. Ms. Washington stated that it is money that they received
from fundraisers and from estates left to Animal Friends of the Valley.
Councilwoman Kelley asked if the money was earmarked for the new
building. Ms. Washington stated that it was. Mayor Pro Tem Pape
questioned the line item listed as Brick Liability. Ms. Washington
PAGE FIVE - STUDY SESSION - JULY 139 2000
stated that they are bricks that are sold to individuals to become part
of the new shelter and provide further funding for the building of the
new shelter. Mayor Pro Tem Pape questioned the Tiffany Fund. Ms.
Washington explained that the Tiffany Fund is a trust made up of
donations for veterinary services for injured animals. He questioned
the Building Fund Liability and stated that this amount should be
listed as an asset and balanced in the liability column. He questioned
the amount that Animal Friends of the Valley has available for
building. Ms. Washington stated that they currently have
approximately $700,000 for the new building. Mayor Pro Tem Pape
asked if the Money Market and Investment Network were restricted
for the building or was it just designated. Ms. Washington stated that
the funds are restricted for building.
Mayor Pro Tem Pape asked why the City of Lake Elsinore was the
only one to have penalties. Ms. Washington explained that the other
cities keep the license fees and penalties with the exception of the $5
fee for processing. She noted that the City of Lake Elsinore does not
do this. Mayor Pro Tem Pape noted the amount charged to the other
cities versus the charges to the City of Lake Elsinore. He noted the
difference in size and population and questioned the reason for the
costs when Animal Friends of the Valley is collecting the total amount
of License Fees as well as penalties. Ms. Bagwell explained the
difference in service that the City of Lake Elsinore is receiving and
the service that the other cities pay for. Mayor Brinley asked about
the service that is done in the County. Ms. Bagwell stated that they
get a lot of County calls, however they are referred to County of
Riverside Animal Control. She noted that they do no enforcement in
the County and the only service they provide to the County is shelter
of animals and a fee is charged to the County for that service.
Councilwoman Kelley noted the amount that was suggested in the
Study was $180,000 plus license revenues at the new shelter. Ms.
Washington stated that they do not expect to recover the entire
amount of cost. Councilwoman Kelley noted that the services the
Animal Friends of the Valley render to the City of Lake Elsinore on a
flat contract are still less than what each service would cost. She
stated that if they placed the City on the same agreement as Temecula,
which is by event, then it would cost a great deal more.
Councilman Schiffner noted that Animal Control is a 24 -hour
operation and asked what was being done in Temecula and Murrieta.
He stated that his concern was what the City paid and that it was a fair
share of the total cost for services. Ms. Washington gave an overview
of the services provided to each city and indicated the number of calls
in Lake Elsinore versus the other cities.
Mayor Pro Tem Pape questioned the total amount of revenue received
from the City of Lake Elsinore for Dog Licenses, plus the amount of
PAGE SIX - STUDY SESSION - JULY 139 2000
the contract would be approximately $130,000 and the study states
that the full cost of service to the City was $160,000. He questioned
the amount. Ms. Washington stated that in 1999, it cost $156,712 for
the program and the revenue received from the City of Lake Elsinore
was $128,291, which included the $75,000 and $53,291. She noted a
shortfall of $28,421, which is subsidized by Animal Friends of the
Valley. Mayor Pro Tem Pape noted that they were looking to make
$20,000 through the Administrative Citation Program. Ms.
Washington stated that the proposal has the increases from the Study.
She noted that at this time they are asking for a small increase to assist
in operations cost. She noted the amount of money saved through cat
licensing.
Mayor Brinley addressed cat licensing and noted that the City of Lake
Elsinore was the only City in the area that had cat licenses. She stated
that when LEAF came to Council to develop the new ordinance,
Council was assured that the other cities were going to develop the
same program, however that did not happen. She noted public
opposition to cat licensing. She further noted a phone call that she
received from a resident complaining that Animal Control saw two
cats in her window and went to her door and cited her for unlicensed
cats. She noted that no warning was given and she, as Mayor,
objected to that action. Ms. Washington stated that the Ordinance is
saving lives. She explained that in 1998 LEAF took in 425 owner-
relinquished cats and impounded 568 cats, which costs the City
money; and in 1999 there were 298 owner - relinquished cats and 399
cats impounded. She noted the difference that was made in just one
year. Ms. Bagwell indicated that Lake Elsinore is used as a model
ordinance. Ms. Washington noted that when LEAF began only 55%
of the dogs in the City were altered, and now 85% are altered. She
noted the City of Lake Elsinore is a model City for saving pet lives.
Mayor Brinley stated that she does appreciate the statistics, however
she was disappointed in the fact that the other cities were not charging
for cat licenses and this casts a bad light on the City of Lake Elsinore.
Ms. Washington noted the problems they encountered trying to get
other cities and the County to adopt cat licensing. She stated that the
root of the problem was political because of the large number of
breeders in other areas and indicated that she is still working at trying
to promote cat licensing to save lives. She noted that if the City
choose not to do cat licensing, then it would mean a loss of revenue
for the licensing and an increase in costs for impounded cats since
there would be no incentive to alter cats.
City Manager Watenpaugh clarified the billing and stated that the only
thing that should be compared from City to City is the amount that is
paid by the General Fund. He noted that the City could take the
revenue source back for the licensing, however the City would be
responsible for collection of the revenue and enforcement as well. He
indicated that one of the problems that the City has is that the Animal
PAGE SEVEN - STUDY SESSION - JULY 139 2000
Control Officer has to go back over and over to a residence to make
personal contact with the owner in order to issue a citation, however
in Temecula they issue Administrative Citations and visit the house
only once. Mayor Pro Tern Pape clarified that Animal Control sends
a bill and if the bill is not paid in 14 days then they have the right to
send the bill to collections with a fee attached. Ms. Washington
concurred. Councilwoman Kelley stated that she would rather stay
with a flat fee, rather than case by case. She stated that she had one
sensitive area and that was regarding license renewal and indicated it
could be done by mail. She questioned if it would be necessary to
canvass.
Councilman Metze questioned the collections that would be done on
Administrative Citations. Ms. Washington stated that Temecula does
their own collections and they charge a $50 administrative fee;
Murrieta uses a collection service and they charge $100. Community
Services Director Sapp stated that the City could handle Animal
Control Citations the same way that the City handles Lake Citations.
He stated that they are turned over to a collection service. Ms.
Bagwell noted that currently all of the citations are done through the
court and the court collects all the fees. Councilman Metze asked
what would happen if a dog owner in the City does not pay for their
license in 14 days. Ms. Washington stated that if the Animal Control
Officer could obtain a signature on a citation, it would be submitted to
the courts. She explained that the owner would then go to court; pay
the fine; the court keeps the fine; and Animal Control still has a dog
with no license. Councilman Metze asked what Animal Control does
if they can't get a signature. Ms. Bagwell stated that they keep going
back to the residence and leaving door tags. Mayor Pro Tern Pape
asked if that was why the number of response calls is so high. Ms.
Bagwell confirmed. Councilman Metze questioned the amount of
dogs that were licensed in Temecula versus Lake Elsinore.
Community Services Director Sapp clarified that the budget as
presented in the staff report proposes what the City of Lake Elsinore
would pay if the City were not paying a flat fee. He stated that they
are not asking the City to enter into this type of program, but rather to
show a comparison of the services.
Mayor Pro Tern stated Pape that the Citation Program would place our
residents in the position of being turned over to a collection service.
He stated his opposition to that action.
Councilman Schiffner stated that what was being compared was
apples to oranges and noted that what was important was the adoption
of Administrative Citations. He noted that without that program, it
accounts for the amount of calls that are made and the number of
hours that are required to cite which is excessive. He felt that the City
should adopt an Administrative Citation process. Councilwoman
PAGE EIGHT - STUDY SESSION - JULY 139 2000
Kelley asked if the citations would only apply to licenses. Ms.
Bagwell stated that it would be for any issue, such as dogs running at
large, etc. Councilwoman Kelley asked for clarification.
City Manager Watenpaugh clarified that if the City of Temecula was
billed six hours a day, then they get service six hours a day, Monday
through Friday. He asked what happens on Saturday for an
emergency call. Ms. Bagwell stated that they are charged over and
above the regular rate.
Councilman Schiffner stated that he felt there was a need for
Administrative Citations and the City should depend on the Officer to
issue the citation fairly.
Councilman Metze asked who gets the revenue from the
Administrative Citations. City Manager Watenpaugh stated that if it
were a City Ordinance, then the revenue would come to the City. He
explained that the money would be passed through to Animal Control
to reduce costs.
Mayor Brinley stated that the only problem she had with
Administrative Citations was if one neighbor had a problem with
another, then they could turn the dog in and create a situation for the
City. Ms. Bagwell stated that the Animal Control Officer must see the
dog at large, or hear the barking to issue a citation, it cannot just be a
complaint, but must be witnessed by the Officer. Ms. Washington
stated that there is a hearing process for barking dogs and potentially
dangerous dogs. Mayor Brinley clarified the process. Ms. Bagwell
stated that there was an appeal process.
City Manager Watenpaugh stated that a Good Neighbor clause could
be added to the Ordinance. He explained the program and indicated
that Animal Control could respond and leave a door tag that informs
the dog owner that Animal Control had received a complaint. He
noted that it could include a warning that should Animal Control
respond and witness the problem a second time, the owner would be
cited. Mayor Brinley stated that she would think that was acceptable.
City Manager Watenpaugh stated that during the canvass a warning
could be issued giving the animal owner 14 days in which to license
their animals instead of issuing a citation on the spot. He noted that
Animal Friends of the Valley's intent was to receive the
Administrative Citation Fees to defer costs. He explained that with
the $10,000 increase in the contract and the estimate for citations it
would balance the City's costs for services to almost the correct
amount.
Councilwoman Kelley asked if this would include canvassing. Ms.
Bagwell stated that State law requires that Animal Control agencies
canvass.
PAGE NINE - STUDY SESSION - JULY 139 2000
Mayor Pro Tem Pape asked if the anticipated income of $20,000 from
Administrative Citations would be over and above the $53,000 for
license fees. Ms. Washington stated that was the intent of the
program. Mayor Pro Tem Pape questioned the bottom total. Ms.
Washington corrected an error in the Study. She noted that there was
no fee for owner- relinquished animals and explained that any
impound and boarding fees were put into supporting animals for the
opportunity of adoption.
Mayor Pro Tem Pape questioned the mileage charged on the City.
Ms. Washington indicated that the additional mileage was for vehicle
replacement. City Manager Watenpaugh clarified that Animal
Friends of the Valley were creating a sinking fund and the mileage
was the reimbursement to create a vehicle fund. Mayor Pro Tem Pape
noted the $.97 per mile to pay mileage for both operations and
maintenance as well as vehicle replacement. There was general
discussion regarding the mileage.
Councilman Schiffner stated that the bottom line was whether the City
was willing to pay an increase of $10,000 and mileage. He asked if
the City went to the Administrative Citation program, how much
could that generate. Ms. Washington stated that it could generate a lot
of money, however there is no way to know for sure. Mayor Pro Tem
Pape stated that if the City was going to contribute $11,000 for
vehicle replacement, and did not see why the City should be charged
$.40 a mile instead of the IRS standard of $31 a mile.
Councilman Metze stated that he felt there was no need to purchase a
new vehicle every three years when the amount of mileage was much
lower than the other cities,
City Manager Watenpaugh noted the amount of calls and problems
the City experiences. He stated that if the City uses Administrative
Citations, the amount received could be tracked and at the end of the
year if the program generates $50,000 to $70,000 then there could be
a reduction in the amount paid in the next year.
Councilman Schiffner stated that the money from Administrative
Citations could go into the Animal Control fund, whereas the money
presently collected goes into the court system.
Councilman Metze asked why there was a need to purchase a new
vehicle every three years when the City only logs 20,000 miles a year.
Ms. Washington stated that when a vehicle has been driven over
difficult roadways with heavy loads and reaches 60,000 miles it needs
replacement. She noted that if it were a vehicle driven on regular
roadways, then there would be no need to replace it so soon.
Councilman Metze noted that Lake Elsinore logs 20,000 miles a year
and Temecula logs 31,000 miles a year and yet the City was being
figured
PAGE TEN - STUDY SESSION - JULY 139 2000
for a vehicle at the same time. He stated that he does not see the
similarity. City Manager Watenpaugh stated that the report indicates
that Animal Control can get more miles from Temecula and Murrieta
since they have fewer dirt roads to patrol. Mayor Brinley stated that
the other communities have as many dirt roads as Lake Elsinore.
Councilman Schiffner indicated that a large percentage of Animal
Control's mileage is freeway travel to get to the other communities.
He stated that he felt that the Administrative Citations could go into a
replacement fund to provide for a new vehicle, and if the vehicle does
not need to be replaced in three years, then the money could
accumulate. Ms. Washington stated that if Animal Friends of the
Valley have a worthy vehicle, they would not want to trade it in.
Mayor Brinley clarified that if the City has a vehicle, then that is the
only place that it is used. Ms. Washington concurred. She stated that
they do lend assistance when needed, however that would be the only
time that the vehicle would be out of the City. She noted that each
officer is required to keep a log.
Mayor Pro Tern Pape asked if Animal Friends of the Valley keep their
books on a calendar year or a fiscal year. Ms. Washington stated that
the bookkeeper has kept the books on a calendar year, however she is
trying to do her budgets on a fiscal year. She stated that she was in
the process of revising the method. Mayor Pro Tem. Pape asked if the
bookkeeper was a volunteer or paid personnel. Ms. Washington
stated that she receives a stipend. She noted that the bookkeeper has
started a new method of books. Mayor Pro Tem Pape stated that he
was not comfortable with the duel expense for both mileage and
vehicle replacement mileage. He noted the 32% increase for an
Animal Control Officer and stated that in his opinion the only reason
there was a large jump in costs was the change in facilities. He stated
that he does not remember an item being brought before Council to be
given the opportunity to state support or not for the new facility. He
noted that Animal Friends of the Valley were proposing to build a
$4,000,000 Dog Pound and noted that was the cost of the new Police
Facility. He stated his appreciation for Ms. Washington's enthusiasm,
but noted that Council needed to balance other needs as well. He
explained that it was the Council's job to decide the allocation of
funds and where it was most needed. He noted the difference between
the budget of 1999 and 2000. He stated that he was in favor of the
Administrative Citation Program. He explained that he has no
problem with sending animal owners renewal notices for licensing,
however he does object to sending someone to collections and a $100
fee after 14 days. Ms. Washington stated that they do send second
notices before the penalty phase kicks in, however that action does
cost more money and is not recovered through the license. Mayor Pro
Tern Pape stated that he does not approve of a heavy hand. He noted
that if a persons pet dies and they
PAGE ELEVEN - STUDY SESSION - JULY 139 2000
receive a notice, then they would just throw it away since they no
longer have the pet, then all of a sudden they are hit by a collection
agency and a fine. He noted that if they were trying to get a loan and
this appeared on their credit report, it would cause a major upheaval.
Councilman Metze stated that 14 days was nothing, since this was not
just getting a bill and paying it, but rather making an appointment to
have shots for the animal and then getting the certification and bill
back to Animal Control. He noted the number of people that
commute to their jobs and the amount of trouble the 14 day
requirement could cause.
Mayor Brinley stated that she does not want to see Animal Control
Officers repeatedly returning to a residence to make contact with the
owners. She stated that she would like to see the Officer place a
warning on the door if no one is home and then if the owner does not
make contact and correct the problem, they are cited. She stated that
she felt that 14 days was not a fair amount of time and suggested 30
days which would give the owner the opportunity to prepare. She
concurred with Mayor Pro Tem Pape regarding the mileage.
Councilman Metze noted that currently there was no administration.
He noted that once an animal goes delinquent, then there was nothing
done. Ms. Washington stated that that there are 1,700 on the
delinquent roll, and even if the Animal Control Officer can find the
owner at home and issue a court citation, the action does not require
the person in violation to obtain a dog license and the problem still
exists. Councilman Metze suggested an amnesty period to encourage
people to get their pets licensed. Ms. Washington stated that they
have tried that and the program was not effective.
Mayor Pro Tem Pape stated that the Administrative Citation Program
declares that a person is guilty until they prove they are innocent.
Mayor Brinley stated that if the animal is dead, then all that the person
needs to do is call to inform Animal Control. Ms. Bagwell stated that
for new licenses they would not issue a citation unless the Officer saw
the dog personally. Councilman Metze asked how they would know it
was the same dog. Ms. Bagwell stated that they have a list of the
persons that have dogs that have been licensed at that property.
Mayor Pro Tem Pape stated that if the animal was dead that was on
the list and a dog was visiting that address then they would be cited
and the owner must prove that they are innocent.
City Manager Watenpaugh stated that he does not know the solution,
however he noted a problem that arose during the last City Council
Meeting. He stated that Street Sweeping was the issue and there is an
ordinance on the books, however the City has no way to enforce the
ordinance. He stated that there is a need for teeth to enforce the
ordinance.
PAGE TWELVE - STUDY SESSION - JULY 139 2000
Mayor Pro Tern Pape stated that he had a problem with canvassing
since the City was paying for mileage and not getting any revenue
from that action. He stated that he did not want to see the City pay for
Animal Control's resource. Ms. Washington stated that canvassing
does generate revenue and will offset the contract.
Councilmember Schiffner noted that canvassing was a State Law and
must be done. He stated that Council can sit all day and come up with
various types of particular circumstances that could prove unfair to
someone, however that is the way with every rule and law that a
governing agency has on its books, however what the City needs to do
is come up with some regulation that properly enforces the particular
issue. He further stated that if Council felt that 14 days was not
enough, then Council could make it 30 days. He commented that
there was a need for regulation and the need to enforce it. He noted
that there would always be a few people that the law would not be fair
to.
Mayor Pro Tem Pape commented on what the City generates as total
revenue compared to Temecula or Murrieta. He noted that both cities
are larger than Lake Elsinore and yet Lake Elsinore generates more
revenue. He stated that he felt that the City was paying its share in
comparison to what the other cities were paying.
Councilman Schiffner stated that he did not feel that it was a good
comparison since each City had a different service contract and does
not receive equal service. He stated the question that should be
considered was whether the City should go another $10,000 on the
contract for Animal Control, and if the Council should agree to that, it
does not mean that the City is buying any of the numbers presented in
the report and that can still be negotiated.
Mayor Pro Tern Pape stated that his point was that if the City was
already paying more than the other cities that are larger than Lake
Elsinore, why should the City want to pay even more.
Councilman Schiffner stated that he was not sure that the City was
paying more. Ms. Bagwell stated that the City of Lake Elsinore was
getting more service. She noted that when an Officer pulls out after
six hours in Temecula and there are calls pending the calls have to
wait until the Officer can fit them into the next six hours. Mayor Pro
Tern Pape stated that some of the time the City of Lake Elsinore was
receiving was done canvassing and he did not want that done on City
time. Ms. Bagwell stated that it was a State Law and Animal Control
agencies canvass in every city they service. Mayor Pro Tern Pape
stated that there is canvassing and there is canvassing. He further
stated that a drive through in a neighborhood could be canvassing. He
noted that knocking on every single door is not necessary. Ms.
Bagwell explained that if an Animal Control Officer receives a call on
PAGE THIRTEEN - STUDY SESSION - JULY 13, 2000
Outrigger Street and they have no further calls, then they would go
door to door on that street. She noted that the main purpose was to
address expired licenses. Mayor Pro Tern Pape stated that he wanted
to see it done through the mail and strongly suggested that they not
use mileage or an Officer. Ms. Washington stated that was why they
canvass an area the Officer is already in. She explained that it gives
Animal Control the opportunity to address delinquent licenses and
utilize the Officer's time properly. She stated that the City of Lake
Elsinore has more dogs, receives more hours and receives more after
hour calls. She gave an overview of the amount of calls that are
received from Lake Elsinore. Mayor Pro Tern Pape stated that the
numbers in the report did not support that.
There was general discussion regarding the service that the City of
Lake Elsinore receives.
City Manager Watenpaugh stated that in the past City's staff has come
forward to Council with recommendations and noted that it did not
matter what was being done in other cities, it was the type of service
that the City of Lake Elsinore desired that should be considered. He
stated that the City of Temecula was charging TUMPF Fees and they
have good roads, the City of Lake Elsinore is not charging TUMPF
Fees and has bad roads. He commented that what needed to be the
focus was what the City really wanted and needed and not what others
had. He suggested that in the future that Animal Friends of the Valley
only present what services they were offering the City and not what
other cities were getting since they do not have comparable services.
He stated that the City should set the standard for what the City wants,
Animal Friends present a budget for those services and Council either
accept or reject the contract.
Councilwoman Kelley stated that the City was getting all the services
at a flat contract amount and what they were asking for was a $10,000
increase in the contract. She stated that if the City chooses not to do
that then the City would have to go on an "each service charge" basis
and it would be way over the $10,000 increase in the City base
contract. City Manager Watenpaugh stated that all Council needed to
do was to decide the amount that they were willing to spend. If the
Council decided that they would spend $75,000 for services, then that
would be the service they would receive. He stated that the service
level the City will receive is in the Council's hands and has nothing to
do with what Temecula or Murrieta is getting. He stated that
knocking on doors was a State Mandated issue and he indicated that
he would have the City Attorney review the law and issue an opinion.
Ms. Washington gave an overview of the basic services they provide
for the City. She stated that the Officers were not directly assigned an
area to canvass and that function only took place when they were
waiting for calls. She further stated that there was a need for an
PAGE FOURTEEN - STUDY SESSION - JULY 139 2000
Officer 50 hours a week and without those amount of hours other
officers were in danger or could not respond to serious calls in the
City.
Mayor Pro Tem. Pape stated that he was not suggesting changing the
hours, however he did suggest that it would require fewer hours if an
Officer did not canvass door to door. He noted the increase for an
Animal Control Officer. Ms. Washington stated that for the last 12
years the City has not totally covered the cost for an Officer. She
stated that it was not so much a case of an increase to the City as a
recovery of costs to break even. She noted the low pay that the
Officers receive that work for Animal Friends of the Valley. She
explained that the Officers are getting $25,000 a year have been with
LEAF and Animal Friends of the Valley for the last 8 years. She
noted that there are other Officers that have been with them that are
getting $15,000 a year.
City Manager Watenpaugh indicated that staff needs some type of
consensus of what Council wants in order to bring the item forward.
Councilman Schiffner stated that all the figures presented were the
way that Animal Control would break down the funds, however the
bottom line would still be a flat $85,000, irrespective of how Animal
Friends of the Valley breaks it down for an Officer, mileage or
building, it would still be $85,000 a year. He stated that all the
numbers presented have no relation to what the City is paying. He
indicated that the numbers were presented to show Council how much
it costs for them to operate. City Manager Watenpaugh stated that by
Animal Friends of the Valley breaking the numbers out, the intent was
to show how they spend the money they would receive from the
contract. He noted that Mayor Pro Tem. Pape's comments were
addressing the type of service that he did not want them to perform,
and not the reduction of hours or officers. He stated that Animal
Friends of the Valley were asking for a $10,000 increase, which is
32% over the current contract. He explained that they had not had a
cost of living increase since 1995. Councilman Schiffner stated that
no matter how they break down the dollars, it would still cost the City
$85,000 and the bottom line question was if Council if that it was
worth $85,000.
Councilwoman Kelley stated that if Council did not wish to go with a
flat contract then the City would have to pay on a case by case basis
and that action could cost a whole lot more for the same service.
City Manager Watenpaugh asked for a consensus of what Council
would like staff to bring back for consideration. Councilman
Schiffner stated that he would like to see something that would
institute the Administrative Citation. Councilwoman Kelley stated
PAGE FIFTEEN - STUDY SESSION - JULY 139 2000
that she would like to see the contract addressed at the same time as
the Administrative Citation program. Mayor Brinley stated that she
wanted to see a program that would cut down the Administrative
hours and would like Animal Friends of the Valley to better address
the mileage.
ADJOURNMENT
THE CITY COUNCIL STUDY�ION ADJOURNED AT 5:23
P.M.
MA
CITY OF
Respectfully submitted,
gAd L. Bryning, Deputy ty Cler
AT EST:
Tj
VICKI KASAD, CMC, CITY CLERK
CITY OF LAKE ELSINORE