Loading...
CC - Item 7B - Adoption of Animal Control Ordinance, Animal Control Fees and CalPers Waiver of 960- Hour RuleROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: OCTOBER 27, 2009 44q SUBJECT: ADOPTION OF ANIMAL CONTROL ORDINANCE, ANIMAL CONTROL FEES AND CALPERS WAIVER OF 960-HOUR RULE SUMMARY As presented to the City Council as part of the 2009-10 Budget workshop and approved as part of the budget, staff has been working on the transition of animal control services from the County of Los Angeles to the City. While this entire process includes many steps, there are several critical pieces which require Council input and approval. The components include updating the existing Animal Control section in the Municipal Code, formally adopting animal control related fees, and approving a resolution to allow Stephen Major, a CalPERS annuitant, to work more than 960 hours in a fiscal year. The proposed ordinance 884 (Attachment A) will amend Title 6 of the Municipal Code to allow City staff to perform animal control duties. The language is fairly standard and is intended to allow the City to continue to regulate animal control in the same manner as was being done by the County. The fee resolution (Attachment B) includes existing animal control fees that are charged by the County of Los Angeles., Through the approval of these fees, the City will be able to collect the fees that are currently being paid to the County. Staff is not proposing to increase any fees above what the County is currently charging. In terms of the resolution for Stephen Majors, California Public Employee Retirement Law prohibits a retired annuitant from working more than 960 hours in a fiscal year unless a resolution (Attachment C) is adopted in accordance with Government Code section 21221(h). Stephen Majors, a retired CalPERS annuitant has been working for the City as a part-time Code Enforcement Officer and has agreed to serve as the lead person for the development of the City's Animal Control program as approved in the 2009-10 Budget. Due to his increased duties of getting the animal control program up and running, he has worked additional hours this fiscal year and is close to his hour limit. Ongoing staffing for the program will be handled by the City's existing Code Enforcement and CSO staff; and Steve's additional duties will conclude at the end of the current fiscal year. APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER: City Council Meeting October 27, 2009 Paae 2 of 4 Staff Recommendation Staff recommends that the City Council: 1. Approve the first reading of Ordinance 884 amending Title 6 of the Rosemead Municipal Code. 2. Approve Resolution 2009-60 amending the City's comprehensive fee resolution to include Animal Control fees. 3. Adopt Resolution 2009-57 requesting an employment extension per Government Code section 21221(h). ANALYSIS The City of Rosemead's animal control services have historically been provided by the County of Los Angeles Department of Animal Care and Control. Field Animal Control (AC) Officer patrol service is provided on a "call for service" basis. The AC Officer often responds from other San Gabriel Valley cities to address the "call for service" of a Rosemead resident. The AC Officer prioritizes the "calls for service" that they are responsible to handle and it is not unusual for the response time to be an hour or more for stray dogs running loose. Less serious "calls for service" such as a dead animal in the street may not be responded to for several hours or even days. The AC field Officer is presently billed at $75.512 per hour. Dog license canvassing is also provided under the AC contract with the County. Canvassing is currently done once per year and the AC license canvasser is billed at $56.43 per hour. The canvasser bills for approximately 700 hours annually. The County also bills the City $1.92 for the processing of each license issued or renewed. The County currently has licensed approximately 4,000 animals in the City. Once the City takes over Animal Control services, field Animal Control will be handled by the City's four Code Enforcement Officers. Since these team members are already full-time, there will be no additional salary and benefit related costs for these services. Their job descriptions have been amended to include such duties. Additional field services will be handled by Stephen Majors and existing Community Service Officers. These team members are all part-time and therefore we have included their costs in the comparison as their hours may fluctuate depending on the necessary duties. License canvassing will also be provided by part-time staff with the City, therefore the costs for these hours have been included as well. The processing of new licenses and renewals will be handled by existing full-time administrative staff in Public Safety and therefore there is no additional cost for processing. Furthermore, staff in conjunction with the City's existing I.T. consultant were able to develop software to administer the Animal Control program at no additional cost to the City. A detailed cost comparison between the County and the City's program is included as Attachment D. t City Council Meeting October 27, 2009 Page 3 of 4 Proposed Animal Control Services: Presently, the Code Enforcement Officer's (CEO's) provide six day a week patrol and enforce all applicable Rosemead Municipal Codes. The CEO's have been involved in discussions regarding the proposed animal control service changes and all have expressed approval. The impounding of all animals would continue at the L.A. County Animal Care and Control facility in Baldwin Park at the proposed contract rates. This facility is approximately 10 miles from the City of Rosemead using Lower Azusa Road. The County AC Officers would also be available under contract to assist and respond to after hour emergencies in the event City staff cannot respond. As the Council is aware, staff has contacted other animal control agencies which may be less expensive and closer to Rosemead such as the San Gabriel Valley Humane Society, but they are unable to provide impound and housing at this point in time. One new city truck will be purchased and outfitted with animal control cages and one existing city truck will be outfitted with an animal cage to facilitate the transportation of impounded animals. Staff is currently working with a local dealer to piggy-back on a state contract for small size trucks that is currently out to bid. A housing cage for impounded animals will be installed at the City's maintenance storage site at Rosemead Park in order to temporarily house animals on a short-term basis until they are transported to the Baldwin Park shelter. The City will not provide any permanent or long-term housing of animals. Dog license sales will be available for residents at City Hall and the Public Safety Center. Existing Public Safety Administrative Assistants will be responsible for maintaining the computerized dog license records. Dog license canvassing will be done by part-time CSOs at a cost of approximately $14,360.00. Staff estimates that the first year city cost savings will be approximately $55,181.68 with increased savings in future years. In addition, animal control service response and citizen satisfaction will improve. LEGAL REVIEW The City Attorney has reviewed the proposed Ordinance and Resolutions. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process and public notices have been published in the San Gabriel Valley Tribune as required. City Council Meeting October 27, 2009 Pace 4 of 4 Submitted by: napol- q~-- Matthew E. Hawkesworth Assistant City Manager Attachments: A- Ordinance 884 B - Resolution 2009-60 C - Resolution 2009-57 D - Detailed Cost Comparison Attachment A ORDINANCE NO. 884 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING TITLE 6 OF THE ROSEMEAD MUNICIPAL CODE CONCERNING ANIMALS AND ANIMAL CONTROL. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 6 and subsequent chapters of such Title of the Rosemead Municipal Code is hereby amended to read in its entirety as follows TITLE 6: ANIMALS Chapters: 6.02 Terms and Duties 6.04 Animals Generally 6.06 Dogs 6.08 Potentially Dangerous and Vicious Dogs 6.12 Cats Chapter 6.0 2 TERMS AND DUTIES Sections: 6.02.010 Definitions 6.02.020 Animal Control Officer 6.02.030 Deputies 6.02.040 Police Powers 6.02.050 License and tax powers 6.02.060 Duties 6.02.070 Interference with duties 6.02.080 Entering upon premises 6.02.010 Definitions For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows: A. Animal: "Animal" means any beast, poultry, bird, reptile, or fish. B. Animal Exhibition: "Animal Exhibition" means any display containing one or more domestic or wild animals which are exposed to public view for entertainment, instruction, or advertisement. C. Animal Menagerie: "Animal Menagerie" means a place where wile animals are kept or maintained for any commercial purpose including places where wild animals are boarded, trained, or kept for hire. D. At Large: "At Large" means an animal off the premises of its owner unless such animal can be securely confined by a strong leash securely and continuously held by the owner of such animal or confined within an automobile. Page 1 of 22 E. Cat: "Cat" means any feline of any age, including both male and female. F. Cat Kennel: "Cat Kennel" means any lot, building, structure, enclosure, or premises whereupon or wherein four or more cats, over four months of age, are kept or maintained for any purpose, including places where cats are boarded, kept for sale, or kept for hire. G. Dog: "Dog" means any canine, including both male and female. H. Dog Kennel: "Dog Kennel" means any lot, building, structure, enclosure, or premises whereupon or wherein four or more dogs over four months of age are kept or maintained for any purpose, including places where dogs are boarded, kept for sale, or kept for hire. 1. Grooming Parlor/ Mobile: "Grooming Parlor / Mobile means any place of business, whether or not such business is regularly conducted by the J. Hobby Breeder: "Hobby Breeder" is any person, except for a person possessing a valid kennel license, which owns and breeds a dog or cat and sells the offspring for pay or other compensation. K. Horse: "Horse" means any mule, burro, pony, jack, hinny, or jenny. L. Impounded: If any animal pursuant to this ordinance or any state statute has been received into the custody of any animal shelter, such animal will have been "impounded", as such word is used throughout. M. Impounding Agency: "Impounding Agency" means the animal control officer of the City of Rosemead, or any other agency designated by the City of Rosemead for the purpose of impounding an animal taken into custody. N. Large Animal: "Large Animal" means any animal that weighs 250 pounds or more. 0. Owner: "Owner" means any person, firm, or corporation owning, having an interest in, or having control, custody, or possession of an interest in, or having control, custody, or possession of any animal. P. Person: "Person" includes any firm, partnership, corporation, trust, association, or individual person. Q. Pet Shop: "Pet Shop" means any place of business where dogs , cats, monkeys, birds, reptiles, fish, or any other animals to be kept as pets are kept for sale. R. Pygmy Pig: "Pygmy Pig" means a pig or hog classified as Sus scrofa jubatus Muller, or Sus scrofa (cristatus) vittatus, and commonly referred to as a Vietnamese pot-bellied pig, pygmy pig, or mini-pig, which stands no higher than 20 inches at the shoulder and is no longer than 40 inches from the tip of the head to the end of the buttocks, and weighs no more than 120 pounds. S. Shall and May: Shall is mandatory, may is permissive. T. Small Animal: "Small Animal" means any animal that weighs less than 250 pounds. U. Unlicensed Dog: "Unlicensed Dog" means any dog for which the license for the current year has not been paid, or to which the tag for the current year provided for within is not attached. V. Wild Animals: "Wild Animals" can live independently of humans and are not descended from domesticated animals. They behave in a similar way to other members of their species and do not need people to provide them with food, accommodation or breeding partners. Page 2 of 22 W. Wild Species: "Wild Species" means any wild, exotic, dangerous, or non- domestic animal, including but not limited to, mammals, fowl, fish, or reptiles. 6.02.020 Animal Control Officer. The office of the animal control officer is established. The animal control officer may be a person, firm, association, corporation, another municipality, or the county of Los Angeles, as determined by the city council. The animal control officer shall serve for such period of time and shall receive such compensation as shall be established by ordinance, resolution or by contract executed by the city council. The animal control officer is authorized and directed to perform, in conjunction with and under the supervision of the city manager, the powers and duties herein bestowed upon and required to be performed by said animal control officer. 6.02.030 Deputies. Whenever a power is granted to, or duty is imposed upon the animal control officer, public safety officer or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this chapter expressly provides otherwise. 6.02.040 Police Powers. The animal control officer shall be vested with the necessary police powers and duties of a police officer for the exclusive purpose of enforcing the provisions of this chapter, and it shall be his duty to issue citations for violations of any of the provisions of this chapter. The animal control officer shall enforce all of the laws of the city, county, and state relating to the care, treatment, impounding or other conditions of animals, and to the prevention of cruelty to animals. The exercise of said police powers shall be under the direct supervision of the city manager. 6.02.050 License powers. The animal control officer or public safety officer, when so contracted for, shall be vested with the powers and duties of a license inspector, and shall have the power to collect the license fees and to issue the animal licenses and tags prescribed herein. 6.02.060 Duties. It is made the duty of the animal control officer or public safety officer to enforce any other sections of this chapter, whether enumerated as a duty or not. 6.02.070 Interference with duty. No person shall rescue or attempt to rescue any animal mentioned herein from the possession of the animal control officer, nor interfere with the animal control officer or his deputies in the performance of their official duties. 6.02.080 Entering upon premises. The animal control officer, any officer or employee thereof or other duly designated representative of the city, or police officer shall have the right to make an Page 3 of 22 inspection to enforce the provisions of this chapter or other applicable law by entering into any building or upon any property within the city, when said person has reasonable cause to believe that there exists in any building and/or upon any property any violation of the provisions of this chapter or other applicable law; provided, that: (a) If such building and/or property is occupied, he shall first present proper credentials to the occupant and request entry, explaining his reasons therefore; and if such building and/or property is unoccupied, he shall first make a reasonable effort to locate the owner thereof or other persons having authority over the building and/or property and request entry, explaining his reasons therefore. (b) If entry into said building or upon said property is refused, the animal control officer, any officer or employee thereof or other duly designated representative of the city, or any police officer shall obtain an inspection warrant pursuant to the provisions of the Code of Civil Procedure (Sec. 1822.50--1822.57), for the entry and inspection of said building and/or said property. (c) Notwithstanding the foregoing, if the animal control officer, any officer or employee thereof, or other duly designated representative of the city, or any police officer has probable cause to believe that the keeping or the maintaining of any animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, he shall have the right to immediately enter and inspect such building and/or property, and may use any reasonable means required to effect such entry and make such inspection, whether such building and/or property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the building and/or property is occupied, he shall first present proper credentials to the occupant and request entry, explaining his reasons therefore. This section shall not prohibit the animal control officer, any officer or employee thereof, or any police officer from entering upon any public or private property in the city for the purpose of capturing an animal running at large in violation of this chapter or other applicable law. Any person who denies, prevents, obstructs, or attempts to deny, prevent or obstruct said capture is guilty of a misdemeanor. 6.02.090 City Prosecutor. The City Prosecutor, in his or her sound discretion, may prosecute violations of this Title as infractions or misdemeanors. Chapter 6.04 ANIMALS GENERALLY Sections: 6.04.010 Keeping certain animals prohibited. 6.04.020 Certain animals as novelties prohibited. 6.04.030 Exceptions 6.04.040 Miscellaneous animals: monkeys, horses, chickens and ducks. 6.04.050 Bees. 6.04.060 Other animals running at large. 6.04.070 Fowl and rabbits not to run at large. 6.04.080 Allowing wild or vicious animals to run at large prohibited. Page 4 of 22 6.04.090 Cleanliness of premises where animals are kept. 6.04.100 Animal feces. 6.04.110 Manure bins and removal of manure. 6.04.120 An Animal control officer may order premises an manure bins cleaned and disinfected. 6.04.130 Slaughter of animals. 6.04.140 Transporting animals in motor vehicles. 6.04.150 Noisy animals. 6.04.160 Keeping diseased animals prohibited - Exception. 6.04.170 Traps prohibited. 6.04.180 Impounding. 6.04.190 City animal shelter provided. 6.04.200 Care of animals. 6.04.210 Reclaiming of animals. 6.04.220 Fees for impounding. 6.04.230 Destruction of impounded unfit animals. 6.04.010 Keeping certain animals prohibited. Except as provided in this chapter, it shall be unlawful for any person to keep on any lot within the city, the following: (1) Swine, hogs or pigs (except Vietnamese pot-bellied pigs) (2) Dangerous or poisonous reptiles; (3) Wild animals. (4) Bees. (5) Roosters over three months old. The Planning Commission may grant a conditional use permit for keeping of such animals or reptiles subject to the following conditions: (1) The animals or reptiles are maintained within an educational institution as defined by the Cal. Education Code; (2) The animals or reptiles are used exclusively for scientific or medical research; (3) The animals or reptiles are part of a commercial venture operated in a commercial zone, or less restrictive zone. 6.04.020 Certain animals as novelties prohibited. No person shall: A. Sell, offer for sale, barter, or give away as pets, toys, premiums or novelties, any baby chickens, ducklings or other fowl under three weeks of age, or rabbits under two months of age; or B. Color, dye, stain or otherwise change the natural color of the above described fowl or rabbits; or C. Bring or transport the above described fowl or rabbits into the city Page 5 of 22 6.04.030 Exceptions Section 6.04.020 does not prohibit the sale of commercial lots or display in proper facilities of any of the fowls or rabbits described herein, by breeders or stores engaged in the business of selling for commercial breeding or raising, or for food or their exhibition at any fair, show or exhibit where such fowls or animals are displayed for commercial purposes and in the interest of improving agriculture of industry, or their sale for raising as a part of a training or educational program under conditions and standards established or approved by a 4-H Club, Future Farmers of America, accredited educational institutes or similar organizations or institutions. 6.04.040 Miscellaneous animals: monkeys, horses, chickens and ducks. 1. No person owning or having control of any monkey, ape, chimpanzee, or other animal of the monkey type, shall permit, allow or suffer such animal to run at large within the city or permit, allow or suffer such animal to be or go upon any street or public place within the city without having such animal securely fastened by an adequate chain or rope, firmly held by or attached to a competent person. 2. Such animal shall be deemed and considered as running at large, within the meaning of the expression as herein used, when not confined within an enclosure or when not securely tied or chained. 3. Horses may be kept on those premises where permitted by the zoning ordinance. 4. Chickens and ducks may only be kept in the area where permitted by the zoning ordinance. The keeping of chickens and ducks shall be subject to the following additional provisions: (1) They shall be kept a minimum of ten feet from the side and rear property lines. (2) They shall not be kept in the front yard setback. (3) They shall be kept a minimum of twenty-five feet from any building used for human habitation on the lot. (4) They shall be kept a minimum of fifty feet from any building used for human habitation on an adjacent lot. (5) There shall be a chain-link fence, or an approved equal, a minimum of four feet in height, surrounding the area keeping the chickens and/or ducks. A closeable, lockable gate shall be provided. (6) Running, potable water shall be provided to the area keeping the chickens and/or ducks. (7) All applicable regulations and ordinances of the city and of the Los Angeles County health department shall be fully adhered to. 6.04.050 Bees. No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him or it, in the city, a hive of bees. This section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician's office or laboratory for medical research, treatment, or other scientific purposes, provided they are not permitted to fly at large. Page 6 of 22 6.04.060 Other animals running at large. No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep, goat, or any other animal commonly referred to as a "wild species" shall: A. Permit such animal to run at large in the city, B. Cause or permit,any such animal to be pastured, herded, staked or tied in any street, lane, alley, park or other public place; C. Tie, stake, pasture, or permit the tying, staking, or pasturing of any such animal upon any private property within the limits of the city, without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place, or upon any such private property; D. Permit any said animals to be or remain during the nighttime secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal, or by securely fastening such animal by means of a rope or chain of sufficient size, strength and weight to effectively restrain such animal; E. Fail to provide the necessary sustenance, drink, shelter, or protection from the weather, or otherwise; 6.04.070 Fowl and rabbits not to run at large. It is declared to be a nuisance and no person shall suffer or permit any rabbits and/or permitted birds and/or fowl owned or controlled by him or it, to run or fly at large or go upon the premises of any other person in the city. Fowl and rabbits may only be kept in the zone permitted in the zoning code of the city. The keeping of fowls and rabbits is subject to the development standards as stipulated in the zoning code. 6.04.080 Allowing wild or vicious animals to run at large prohibited. No person owning or having charge, custody, control or possession of any animal or reptile known by such person to be vicious or dangerous, or commonly so known, or owning or having charge, custody, control or possession of any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat, puma, cheetah, or any animal commonly referred to as a "wild species," or any poisonous reptile, shall permit or allow the same to be at large upon any highway, street, lane, alley, court or other public place, or upon any private property other than within the enclosed premises of such person. If the owner or harborer fails to provide adequate restraint or control of said animal as ordered by the animal control officer or his authorized deputy, within a reasonable time, said animal shall then be subject to summary destruction. 6.04.090 Cleanliness of premises where animals are kept. Every person owning or occupying premises where any animal, dog, cat, fowl or bird is kept shall keep the stable, barn, stall, pen, coop, building or place in which said animal is kept in a clean and sanitary condition. Page 7 of 22 6.04.100 Animal feces. No owner or person having charge, custody or control of any animal shall permit, either willfully or through failure to exercise due care or control, any such animal to defecate and to allow such feces thereafter to remain on any public sidewalk or park or any other public property, or on any improved private property other than that of the owner or person who has custody or control of such animal. (Prior code §6.04.040) 6.04.110 Manure bins and removal of manure. Every person owning or occupying premises where manure from any animal accumulates shall provide for the removal of such manure daily. Unless all manure accumulated on any premises is removed daily, boxes, bins or receptacles of a design and construction acceptable to the animal control officer of the city or the animal control officer shall be provided by the owner or occupant of such premises, and such boxes, bins or receptacles shall be used only for the purpose of containing the accumulation of manure, which shall be placed therein or removed therefrom, and in no instance shall manure be placed in such boxes or receptacles in such manner as to prevent the tight closing of the lid; provided, however, that nothing contained herein shall apply to manure which is spread as fertilizer over or around cultivated plants, vines, vegetables, lawns, bushes or trees, or to manure kept by any nursery for commercial fertilizer purposes, unless such manure creates a nuisance either from fly breeding or excessive obnoxious odors. Said boxes, bins or receptacles shall be constructed of brick, stone, concrete, metal, or wood lined with metal or other sound material, and shall be proof against access to the contents thereof by flies. The contents of said boxes, bins or receptacles shall be removed once a week. 6.04.120 Animal control officer may order premises and manure bins cleaned and disinfected. No person who is ordered by the animal control officer of the city or animal control officer to clean or disinfect any stable, barn, corral, stall, pen, coop, building, or place in which any animal is kept, or who is ordered by such officer to clean or disinfect any box, bin or receptacle used for the accumulation of manure shall fail, neglect or refuse to clean and disinfect such stable, barn, corral, stall, pen, coop, building, place, box, bin or receptacle. 6.04.130 Slaughter of animals. No person shall, within the city, willfully slaughter or cause to be slaughtered any animal. This section shall not apply to the slaughter of such animals within an educational institution, physician's office or laboratory for medical research or other scientific purposes, to the slaughter of such animals by a person licensed by the state of California to practice veterinary medicine, or by a commercial establishment duly entitled by the city and otherwise licensed by the appropriate State or Federal agency as a slaughterhouse. , Page 8 of 22 6.04.140 Transporting animals on motor vehicles. No person shall transport any animal on the running board of any motor vehicle or outside the passenger compartment, tonneau or body thereof, unless such animal is protected by a framework or other device which will prevent such animal from falling off, jumping or being thrown from such motor vehicle, whether in motion or not. 6.04.150 Noisy animals. It is declared to be a nuisance, and no person shall keep, maintain or permit upon any lot or parcel of land within the city under his control, any animal or animals, which by any sound or cry emit noise in violation of Section 8.36.060 of this code. 6.04.160 Keeping diseased animals prohibited--Exception. No person shall keep any animal which is known or believed by him to be infected with any dangerous or communicable disease, or which is afflicted with any painful disease believed by him to be incurable, without a permit to do so from the animal control officer of the city. 6.04.170 Traps prohibited. No person shall set or use any spring steel trap, No. 1 or larger, in the city. This section shall not, however, prohibit the use of rodent traps. 6.04.180 Impounding. It shall be the duty of the animal control officer to take up, impound and safely keep any of the animals enumerated in this chapter found running at large, staked, tied or being herded or pastured in any street, lane, alley, court, square, park, or other place belonging to or under the control of the city, or upon any private property in the city, contrary to the provisions of this chapter. The following shall be captured and taken into custody: A. All unlicensed dogs; B. Any other animal, wild or domestic, which is by this Title required to be licensed, but which is unlicensed; C. Any animal being kept or maintained contrary to the provisions of this Title, the Animal Control Ordinance, or any other ordinance or state statute; D. Dogs and other animals running at large contrary to the provisions of the Food and Agricultural Code or any other state statute or of this Title; E. Sick, injured, stray, unwanted or abandoned animals; F. Dogs which are unvaccinated in violation of this Title; G. Animals delivered by the owners to the director, all title and interest in which is abandoned by such owners; H. Animals for which the owner or custodian is unable to care because of imprisonment, illness, bankruptcy, litigation or other contingency, or in cases in which the owner or custodian cannot be found. 6.04.190 City animal shelter provided. Page 9 of 22 There shall be provided by the City a suitable building or enclosure to keep and safely hold all animals herein enumerated which are subject to be impounded, which shall be known and designated as the "animal shelter or animal holding facility." 6.04.200 Care of animals. When any animal is impounded, it shall be provided, during impoundment, with proper and sufficient food and water, by the animal control officer or the impounding agency designated by the city. 6.04.210 Reclaiming of animals. The owner of any animal impounded shall have the right to reclaim the same, at any time prior to the sale or destruction thereof, upon payment to the city or the impounding agency of the costs and charges provided in this chapter for impounding and keeping said animals, and the obtaining of a license for unlicensed animals. 6.04.220 Fees for impounding. The city or impounding agency shall charge a fee established by resolution of the city council for the impounding of animals. 6.04.230 Destruction of impounded unfit animals. It shall be the duty of the animal control officer or the impounding agency to order the destruction of any animal lawfully taken into custody which, in the opinion of the animal control officer or the impounding agency, is infected with a dangerous or communicable disease, or which is in an incurably crippled condition, or which is adjudged by a written report of a licensed veterinarian to be afflicted with any painful, incurable disease. Chapter 6.06 DOGS Sections: 6.06.010 License and registration required. 6.06.020 Procurement of license certificates. 6.06.030 Issuance of license tags and certificates. 6.06.040 Time limit - license fee. 6.06.050 Fee for spayed or neutered animals. 6.06.060 Fees paid annually - delinquency charge. 6.06.070 Tags must be shown. 6.06.080 Removal of registration tags. 6.06.090 Counterfeiting tags. 6.06.100 Running at large prohibited. 6.06.110 Impounding and quarantine. 6.06.120 Giving notice of captured animals. 6.06.130 Rabies vaccination. 6.06.140 Rabies revaccination. 6.06.150 Rabies certificate. 6.06.160 Rabies licensing requirement. Page 10 of 22 6.06.170 License evidence. 6.06.180 Animal control officer to have dog examined for rabies. 6.06.190 Unlawful for any person to fail to notify animal control officer, his deputies or animal control officer or his deputies regarding rabid dog. 6.06.200 Dogs and other animals to be quarantined for ten (10) days. 6.06.010 License and registration required. No person owning, having an interest in, or having control, custody or possession of any dog shall fail, neglect or refuse to license and register such dog, if over four months of age, in compliance with the terms of this chapter. 6.06.020 Procurement of license certificates. The animal control officer of the city, when so contracted for, is authorized and directed to procure each year such number of license certificates and tags as may be sufficient for use during the year. 6.06.030 Issuance of license tags and certificates. A metallic tag and license certificate with corresponding numbers shall be furnished by the city, or contractual agent of the city as designated for the city, to any person required by this chapter to obtain a license, upon payment of the appropriate license or tag fee prescribed in this chapter. The issuer of said tags and license certificates shall keep record of the name, address and telephone number of the owner of the dog or person making payment of the license fee, and to whom a certificate and tag has been issued, and the number and date of such certificate. Such metal tag issued for the current license year shall be securely fastened to the collar or harness of the dog, and shall be worn by such dog at all times other than those periods when confined to the owner's house, enclosed yard or pen. A duplicate of a lost license tag may be procured from the issuer upon proof of loss and payment of the fee set by City Council resolution. 6.06.040 Time limit--license fee. (1) Every person owning or having custody or control of any dog or dogs over the age of four months within the city, shall first obtain an annual license from the city, or designated representative or contractual agent of the city as designated for the city, for each such dog, and at the same time obtain a dog license tag, and for such license or licenses shall pay a fee established by resolution of the city council. (2) Original license fees shall be due and payable within fifteen days after any dog is acquired and comes into the care, custody and control of any person in the city. 6.06.050 Fee for spayed or neutered animals. Pursuant to Section 30804.5 of the Food and Agricultural Code, any dog or cat license tag issued pursuant to Section 6.06.040 shall be issued for one-half or less of the fee Page 11 of 22 required if a certificate is presented from a licensed veterinarian that the dog or cat has been spayed or neutered. 6.06. 060 Fees payable annually--delinquency charge. A. The license fees provided for in this chapter shall be paid annually to the director in the amount set forth in city's master fee resolution as adopted by the city council. B. A delinquency charge as provided in the city's master fee resolution shall be assessed when the license fees provided for in this chapter are not paid on or before the expiration date or the date the license is required to be obtained by the provisions of this title. 6.06.070 Tag must be shown. No person shall fail or refuse to show to the animal control officer or any police officer the license and the tag for any duly registered dog kept or remaining within any home or upon any enclosed premises under his immediate control. 6.06.080 Removal of registration tags. No unauthorized person shall remove from any dog, any collar, harness or other device to which is attached a registration tag for the current year, or remove such tag therefrom. 6.06.090 Counterfeiting tags. No person shall imitate or counterfeit the tags provided for in this chapter, or shall use any imitation or counterfeit of such tag. 6.06.100 Running at large prohibited. No person owning, having an interest in, harboring, or having charge, care, control, custody or possession of any dog shall cause or permit such dog to be off the premises of its owner, unless such dog is securely confined by a strong leash of not exceeding six feet, securely and continuously held by a competent person owning, having an interest in, harboring or having charge, care, control, custody or possession of such dog, unless such dog be confined within an automobile. 6.06.110 Impounding and quarantine. It shall be the duty of the animal control officer, and of any police officer of this city, to take up all dogs found in violation of Section 6.06.100. When such dog is taken up, it shall be delivered to the animal control officer. All such dogs shall be impounded in the animal shelter. 6.06.120 Giving notice of captured animals. Any person who captures an animal at large, as defined in Section 6.06.100 shall, within twenty-four hours, give notice to the animal control officer. Such notice shall include the following: (a) The fact that he has such animal in his possession; Page 12 of 22 (b) The complete description of such animal; (c) The license number of such animal, if any, and by what county or municipal corporation issued. If such animal has no license, such person shall so state; (d) The place where such animal is confined. Any such person shall thereafter surrender the animal to the animal control officer, or his deputy, upon request. 6.06.130 Rabies vaccination. (1) Every person keeping, harboring or having a dog over the age of four months in the city shall cause such dog to be vaccinated with a type of rabies vaccine approved by the State Department of Public Health within a period of thirty days from the date such dog was harbored, kept or had within the city, or within thirty days from the date the dog attains the age of four months; provided, however that the aforesaid provision shall not apply so as to require the vaccination of any dog which has been vaccinated with an approved vaccine by a person licensed by the state of California, or by any other state or nation, to practice veterinary medicine where such vaccination has been completed within the period of time as prescribed in this section. (2) If chick embryo vaccine was used in such vaccination, it must have been completed within thirty-six months, or if the tissue-type vaccine was used, it must have been completed within one year prior to the date such dog was first kept, harbored or brought into the city. 6.06.140 Rabies revaccination. Every person keeping, harboring or having in the city a dog which has been vaccinated with chick embryo vaccine shall cause such dog to be vaccinated within a period of not more than three years; or a dog which has been vaccinated with a tissue- type vaccine, shall cause the dog to be vaccinated within a period of not more than one year. 6.06.150 Rabies certificate. Every person keeping, harboring or having in the city any dog required by this chapter to be vaccinated shall, at all times while such dog is thus kept, harbored or had, have in his possession a certificate issued by a person licensed by the state of California or any other state or nation to practice veterinary medicine, which certificate shall specify that such dog has been vaccinated in accordance with the provisions of Sections 6.06.130 and 6.06.140. 6.06.160 Rabies licensing requirements. (1) Every person applying for a dog license must exhibit a certificate issued by a person licensed by the state of California to practice veterinary medicine, which certificate shall show that the dog for which the license is to be issued either: i. Has been vaccinated in accordance with the provisions of Sections 6.06.130 and 6.06.140; or Page 13 of 22 ii. Should not be so vaccinated by reason of age, infirmity or other disability. (2) Such exemption shall be valid for a period not to exceed one year. A license for any dog shall not be issued unless and until either such certificate is exhibited. 6.06.170 License evidence. At the time a dog license is issued, the date of vaccination and the type of vaccine used, as shown on the certificate, shall be recorded on the license registration form. 6.06.180 Animal control officer to have dog examined for rabies. Officers or persons capturing dogs under the provisions of Sections 6.06.110 and 6.06.120 shall separately confine such dogs captured by them in some safe place, and shall report the capture to the animal control officer of the city or his deputies, or the animal control officer or his deputies, and shall submit such dog to the examination of the animal control officer of the city or his deputies. 6.06.190 Unlawful for any person to fail to notify animal control officer, his deputies or animal control officer or his deputies regarding rabid dog. It is unlawful for any person having knowledge of the whereabouts of such animal known to have or suspected of having rabies or which has shown symptoms or rabies to fail, refuse or neglect to immediately notify the animal officer of the city or his deputies, or the animal control officer or his deputies, or to fail, refuse, or neglect to allow the animal control officer or his deputies to make an inspection or examination of such animal until it shall be established to the satisfaction of said official that such animal control officer that such animal has rabies or not. The animal control officer or his deputies, or the animal control officer or his deputies shall likewise be notified of any person bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies. 6.06.200 Dogs and other animals to be quarantined for ten days. Whenever it is shown that any dog or other animal has bitten any person, no owner or person having the custody or possession thereof, upon order of the animal control officer, any police officer, or the animal control officer of the city shall fail, refuse or neglect to quarantine such animal and keep it securely confined on a chain or in a closed cage or paddock for a period of ten days, or shall fail, refuse or neglect to allow the animal control officer or his deputies to make an inspection or examination thereof at any time during said period. No such dog or animal shall be removed without written permission of the animal control officer or his deputies. Chapter 6.08 POTENTIALLY DANGEROUS AND VICIOUS DOGS Sections: 6.08.010 Declaration of public nuisance. 6.08.020 Definitions. 6.08.030 Procedure for declaring dog potentially dangerous and/or vicious. 6.08.040 Administrative hearing by City Manager. Page 14 of 22 6.08.050 Appeal procedure. 6.08.060 Licensing and vaccinating. 6.08.070 Seizure and impoundment. 6.08.080 Cost assessment when animal seized. 6.08.090 Identification and sterilization requirement for vicious dogs. 6.08.100 Procedure for destruction. 6.08.110 Restraint or enclosure. 6.08.120 Posting of property where potentially dangerous or vicious dogs are maintained. 6.08.130 Notice of disposal or escape. 6.08.140 Owners to permit compliance inspections. 6.08.150 Removal from list of potentially dangerous dogs. 6.08.160 Unlawful to own, harbor or keep dog found by another jurisdiction to be potentially dangerous or vicious. 6.08.170 Keeping by minors prohibited. 6.08.180 Violation Penalty. 6.08.010 Declaration of public nuisance. It is the purpose and intent of this chapter to establish procedures pursuant to Food and Agricultural Code Section 31601 et seq. to deal with potentially dangerous and vicious dogs. Potentially dangerous and vicious dogs have become a serious threat to the safety and welfare of the citizens of this city. Attacks by potentially dangerous and vicious dogs on human beings and domestic animals are attributable to the failure of owners to register, confine and properly control vicious and potentially dangerous dogs. Potentially dangerous and vicious dogs are declared a public nuisance. 6.08.020 Definitions. For the purposes of this chapter, the words set out in this section shall be defined as follows. 1. "Potentially dangerous dog" means one or more of the following: (1) Any dog which, when unprovoked, engages in any behavior which requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog; or (2) Any dog which, when unprovoked, bites a human being; or (3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog; or (4) Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack; or (5) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or domestic animals; or Page 15 of 22 (6) Any dog which on three separate occasions within a twelve (12) month period has been observed to be unrestrained off its owner's premises by an Animal Control or Code Enforcement Officer of the city, or which has been apprehended and/or impounded on three such occasions for being unrestrained or uncontrolled off its owner's premises; or (7) Any dog which engages in or is found to have been trained to engage in exhibitions of fighting. 2. "Vicious dog" means one or more of the following: (1) Any dog seized under Section 599(aa) of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code; or (2) Any dog which, when unprovoked, in an aggressive manner inflicts severe injury on or kills a human being. Severe injury means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery; or (3) Any dog previously determined to be currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of its determination, continues the behavior described under the definition of "potentially dangerous dog" above, or any dog previously determined to be a currently listed as a potentially dangerous dog, which is not properly licensed and vaccinated, not properly restrained and/or not properly maintained on the owner's property. 6.08.030 Procedure for declaring dog potentially dangerous and/or vicious. 1. If an Animal Control Officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the chief officer of the Animal Control Department, or his or her designee, shall set a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious. 2. The chief Animal Control Officer shall notify the owner or keeper of the dog that an administrative hearing will be held by the city, at which time the owner may present evidence as to why the dog in question should not be declared potentially dangerous or vicious. 3. The owner or keeper of the dog shall be served with notice of the hearing, either personally or by first class mail, or by certified mail at the owner's last known address, not less than five days before the time set for hearing. Service shall be deemed complete at the time notice is personally served or deposited in the mail. 4. Failure of any person to receive notice shall not affect the validity of any proceedings under this chapter. 5. The hearing shall be open to the public. 6. The City Manager or other person designated by the City Manager shall conduct the administrative hearing. 7. Notice shall be substantially in the form set forth below: Notice of Administrative Hearing re: Determination and Disposition of Potentially Dangerous or Vicious Dog. This is a Notice of Hearing before the Rosemead City Page 16 of 22 Manager or his designee, to determine whether your dog (name of dog--describe if available) is a potentially dangerous or vicious dog. If your dog is found to be a potentially dangerous and/or vicious dog as defined by Rosemead Municipal Code Section 3650 et seq., the City Manager or other person designated as Hearing Officer, may issue any one or more of the following orders: (1) The dog shall be properly licensed and vaccinated; (2) The dog shall be maintained on owner's property and shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. The dog may not be off the owner's premises unless it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult; (3) If the dog in question dies or is sold, transferred or permanently removed from the City, the owner shall notify the City of Rosemead of the changed condition and new location of the dog within two days in writing; (4) The dog shall be destroyed; (5) Owner shall pay any and all costs incurred by the City in the administration of Rosemead Municipal Code Section 3650 et seq., including but not limited to, costs incurred by the City for housing, maintenance, feeding and providing care, including medical care, of the dog during such time as the dog is in the custody of the City of Rosemead. 6.08.040 Administrative hearing by City Manager. A. At the time stated in the notice, the City Manager or his or her designee, hereinafter referred to as Hearing Officer, shall hear and consider all relevant evidence, objections or protests and shall receive testimony under oath relative to the alleged potentially dangerous and/or vicious animal. The Hearing Officer may admit into evidence all relevant evidence, including incident reports and affidavits of witnesses. The Hearing Officer may find, upon a preponderance of evidence, that the dog in question is potentially dangerous or vicious and may make other orders authorized by this chapter. The hearing may be continued from time to time. B. If the Hearing Officer finds by a preponderance of evidence that the animal which is the subject of the hearing is potentially dangerous and/or vicious, the Hearing Officer shall prepare findings and an order, which shall specify and make specific orders with respect to the dog as authorized by this chapter. A copy of the findings and order shall be served on the owner of the dog in accordance with the provisions of Section 6.08.030. 6.08.050 Appeal procedure. After the hearing is conducted pursuant to this chapter, the owner/keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first class mail postage prepaid. If a determination is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with those orders made by the Hearing Officer. If the owner or keeper of the dog contests the determination of the Hearing Officer, he or she may, within five days of receipt of the notice of determination, appeal the decision of the Hearing Officer. Appeal shall be made to the City Manager. The appellant shall serve personally or by first class mail, postage prepaid, notice of the appeal upon the city. Page 17 of 22 6.08.060 Licensing and vaccinating. All potentially dangerous and/or vicious dogs shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous designation in the registration records of the dog, either after the owner or the keeper of the dog has agreed to the designation or after the city has determined the designation applies to the dog. The city may charge a potentially dangerous dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. 6.08.070 Seizure and impoundment. A. If upon investigation it is determined by the Animal Control Officer that probable cause exists to believe that the dog in question poses an immediate threat to public safety, then the Animal Control Officer may seize and impound the dog pending the hearings to be held pursuant to this chapter. The owner or keeper of the dog shall be liable to the city for the costs and expenses of keeping the dog if the dog is later adjudicated potentially dangerous or vicious. B. When a dog has been impounded pursuant to subsection A of this section and it is not contrary to public safety, the Animal Control Officer may permit the animal to be confined at the owner's expense in a city-approved kennel or veterinary facility. 6.08.080 Cost assessment when animal seized. If it is determined at the hearing as provided in this chapter that the dog in question is potentially dangerous and/or vicious, the Hearing Officer may assess the owner of the dog for any costs of administration incurred by the city, including but not limited to costs incurred in housing, maintaining and feeding the dog and for any medical attention required for the dog. Costs assessed shall be charged to the owner. The costs may be imposed as a special assessment or lien pursuant to Chapter 8.44. The notice and hearing requirements of that Chapter required prior to imposition of such special assessment or lien shall be deemed satisfied by the notice and hearing procedures set forth in this Title. 6.08.090 Identification and sterilization requirement for vicious dogs. The owner or keeper of any dog determined to be vicious pursuant to this chapter shall at his or her expense have an identification number assigned by the Animal Control Department permanently tattooed on the inner left rear leg of the dog. The identification shall be noted in the city licensing files for that dog. Any dog determined to be vicious shall be sterilized at the owner's expense. 6.08.100 Procedure for destruction. A. A dog determined to be potentially dangerous or vicious may be destroyed by the Animal Control Department/city when it is found, after a hearing pursuant to Section 6.08.040, that the release of the dog would create a significant threat to the public health, safety and welfare. Page 18 of 22 B. If it is determined that a dog found to be potentially dangerous or vicious shall not be destroyed, the Hearing Officer shall impose conditions upon the ownership of the dog that protect the public health, safety and welfare. 6.08.110 Restraint or enclosure. A. A dog determined to be potentially dangerous pursuant to this chapter shall at all times while not securely confined indoors: (1) Be confined in an area which is securely fenced and locked so as to prevent trespassing by children and from which the dog cannot escape; and (2) When off the property of its owner or keeper, be humanely muzzled and leashed with a substantial leash or chain not to exceed four feet in length and under the control of a responsible adult who is familiar with and in control of the dog; or (3) Be humanely confined in a vehicle so that it can neither escape nor inflict injury on passers-by. B. A dog determined to be vicious pursuant to this chapter at all times while not securely confined indoors: (1) Shall be confined in an outdoor fenced enclosure on the property where the dog is kept or maintained, so it cannot bite, attack or cause injury to any person. All enclosures, fences and gates must be constructed of substantial material and installed and maintained in a workmanlike manner. The enclosure must be anchored solidly to the ground and must be of sufficient structural strength and height to ensure the strict confinement of the dog and to prevent unauthorized access. If necessary to accomplish the intent of containment, a cover over the enclosure shall be installed. In addition, any and all gates must be kept locked; (2) May be off the property of the owner or keeper for purposes of obtaining veterinary care, being sold or given away, complying with any provision of law or with a directive of the City Manager or his or her designee or the Animal Control Officer; (3) When off the property of its owner or keeper or in the care of a veterinarian, shall be securely and humanely muzzled and restrained with a harness and nylon leash, sufficient to restrain the dog, not exceeding four feet in length, and shall be under the direct charge and control of its owner or keeper. For the purposes of this section, a dog which is humanely-muzzled and/or confined in a vehicle shall be able to drink, breathe and pant freely under conditions which do not subject the animal to needless suffering. When circumstances warrant, the officer-in- charge of the Animal Control Officer may modify conditions of restraint to accommodate the special needs of the dog. Page 19 of 22 6.08.120 Posting of property where potentially dangerous or vicious dogs are maintained. The owner or keeper of a dog which has been determined to be potentially dangerous or vicious pursuant to this chapter shall display a sign, on the property where the dog is kept, containing a visual and verbal warning that there is a dangerous or vicious dog on the property. The sign shall be visible to the general public and capable of being read from any adjacent street, sidewalk or other such public right-of-way. 6.08.130 Notice of disposal or escape. A. The owner or keeper of any dog found to be potentially dangerous or vicious pursuant to this chapter shall notify the Animal Control Department immediately if the dog has escaped, is unconfined, has attacked another animal, has bitten a human being, or has died. B. The owner or keeper of a dog found to be potentially dangerous pursuant to this chapter shall notify the Animal Control Department within forty-eight (48) hours if the dog is sold, transferred or permanently removed from the place where the owner or keeper resided or kept the dog at the time the dog was determined to be potentially dangerous. The owner or keeper shall also inform the Animal Control Department of any new address where the dog is to be kept and the name, address and telephone number of any new owner. C. The owner or keeper of a dog found to be vicious shall notify the Animal Control Department at least forty-eight (48) hours prior to selling, transferring or permanently removing the dog to a new location and shall also provide the Animal Control Department with the name, address and telephone number of the new owner of the dog with the address of any new permanent location of the dog. 6.08.140 Owners to permit compliance inspections. The owner or keeper of any dog determined to be potentially dangerous or vicious pursuant to this chapter shall consent to inspection of the property where the dog is kept and of the dog upon twenty-four (24) hours' written notice by the Animal Control Department. The inspection shall be set at a reasonable time and in a reasonable manner to verify full compliance with the requirements of this chapter and/or the requirements of the orders issued by the Hearing Officer. 6.08.150 Removal from list of potentially dangerous dogs. If there are no additional instances of the behavior described in Section 6.08.02C within a thirty-six (36) month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the thirty-six (36) month period if the animal or keeper of the dog demonstrates to the Animal Control Department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety. Page 20 of 22 6.08.160 Unlawful to own, harbor or keep dog found by another jurisdiction to be potentially dangerous or vicious. No dog which has previously been determined to be potentially dangerous or vicious after an administrative hearing or court order by another jurisdiction will be allowed to be kept, owned or harbored in the city. Any notice by the Animal Control Department to remove, abate or destroy any dog owned, harbored or maintained in violation of this section may be appealed to the City Manager or his or her designee by filing with the City Manager a written statement of the factual basis for the appeal within five working days of the receipt of the notice. 6.08.170 Keeping by minors prohibited. No dog determined to be potentially dangerous or vicious pursuant to this chapter shall be kept by an owner or keeper who is a minor. 6.08.180 Violation Penalty. Any violation of this chapter involving a potentially dangerous dog or vicious dog shall be punishable by an administrative fine as set by City Council resolution. All administrative fines paid pursuant to this chapter shall be paid to the city for the purpose of deferring costs of implementation of this chapter. Chapter 6.12 CATS Sections: 6.12.010 Optional identification license for cats. 6.12.010 Optional identification license for cats. In order to provide a method for identifying cats, a license may be obtained. The fee for such license shall be established by resolution of the city council. These licenses shall be valid for the life of the cat. This section shall not require the licensing of cats, but merely provides for their optional licensing. (See next page for signatures) Page 21 of 22 PASSED AND ADOPTED this 27th day of October, 2009: MARGARET CLARK MAYOR ATTEST: GLORIA MOLLEDA CITY CLERK APPROVED AS TO FORM: JOSEPH M. MONTES CITY ATTORNEY Page 22 of 22 Attachment B RESOLUTION 2009-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ENCOMPASSING AND ESTABLISHING CERTAIN FEES FOR ANIMAL CARE AND CONTROL SERVICES PROVIDED BY THE CITY OF ROSEMEAD WHEREAS, the Municipal Code of the City of Rosemead provides that certain filing fees, permit fees, inspection fees, deposits, and conditions of service may from time to time be established by the City Council, and WHEREAS, the City Council of the City of Rosemead has determined that the cost of providing certain services is not of general benefit but of benefit to the individual and, therefore, certain filing fees, permit fees, inspection fees and deposits should be required to pay for materials and special services performed by the City staff, and WHEREAS, after the passage of Propositions 4 and 218, local governments were made to charge the costs of services to those who benefited, and WHEREAS, for certain services performed, the cost of providing said services greatly varies and is contingent upon the specifics of each project or application. The City Council finds it more appropriate to require an initial deposit to guarantee the applicant will reimburse the City for costs associated. If the costs exceed the deposit, the applicant shall be responsible for additional deposits or reimbursement necessary to offset cost. If cost of service performed is less than deposit, then the difference shall be refunded to applicant, and WHEREAS, based upon fee justification reports on file with the City Clerk and the City Finance Director, the City Council finds that the fees included in this Resolution represent a portion of the actual costs of the services provided or facilities funded and, therefore, there is a rational relationship between the fees charged and the services and facilities funded, and WHEREAS, the City Council finds that since the fees represent a portion of the actual costs of the service or facilities provided, there is a reasonable relationship between the amount of the fee charged and the costs of the services provided to the person paying the fee, and WHEREAS, the City Council desires to adjust fees for certain services from time to time and to incorporate all adjusted and/or new fees for services provided into one comprehensive resolution, and Page 1 of 21 Attachment B WHEREAS, the City Council finds it necessary to adjust fees for services, and to maintain a comprehensive document which incorporates most or all fees for services provided by the City into one Resolution, however, the City Manager shall have the authority to establish staff billing rates and equipment charges by Administrative Policy on an as needed basis, and WHEREAS, after notifying those parties interested in fee revisions the City Council proposed adoption of the Resolution on August 25, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemead as follows: SECTION 1. That the general regulations and project deposit guidelines are established as follows: A. TIME AND MATERIALS DEPOSITS - Certain types of applications have been determined by the City Council to benefit the applicant. Therefore, these deposit projects will be billed on a time and materials basis including applicable administrative overhead. Project costs include City Attorney, City Staff, City Engineer, City Landscape Consultant and other fees including overhead costs for staff and contract personnel. All deposited fees shall be due and payable immediately upon presentation of a billing statement by the City. All deposited fees not used to process and manage the application shall be returned after receipt and payment of final project-related bills. Staff billing rates and equipment charges are established periodically by Administrative Policy of the City Manager. B. BILLING - Failure to pay all charges invoiced within thirty (30) days of the date of invoice shall be considered a sufficient cause to stop processing until full payment is made. The City will accept only cash, cashiers checks, bank checks or credit/debit cards; payment by credit/debit card may not exceed $5,000 (five thousand). Work on a deposit project will not commence until payments have cleared the bank and funds have been transferred to the City. Projects shall not be deemed approved until all City fees have been paid in full. C. LATE PAYMENT CHARGE - Outstanding balances that are not paid in full within twenty-five (25) days after the statement is rendered shall accrue a late payment fee of one percent (1 per month. D. REVISIONS - Fees set forth for plan check and development review shall be for the initial application. See attached fee listing for additional costs for revisions. E. RECORDS - Records of deposit projects are available by contacting the City. Project deposit updates or closing out of projects shall be accompanied by project summary sheets, detailing costs of staff time, City Attorney, City Engineer, City Landscape Consultant, and other consultation charges. Page 2 of 21 Attachment B F. HARDSHIPS - Fees shall be paid in full for all development projects. The City recognizes that in unique and special circumstances financial hardship may preclude the full payment of fee prior to application for permits. In such cases, the applicant shall apply for a payment deferral agreement with the City Manager. In no case shall the fees be waived or partially paid when the project is completed. The applicant shall state in writing the reasons for deferral. The City Manager shall inform the Community Development Director and Finance Director in writing of the fee deferral and reasons for the deferral. In no case shall the City Manager permit less than half of the fee to be initially paid. G. OTHER FEES AND CHARGES FOR SERVICE - Applicants should be aware that they may be subject to other fees and charges for service established periodically by Administrative Policy of the City Manager or by Ordinance. H. EXEMPTION OF FEES - Where it is verified by the City Manager or appropriate department head that the City is the applicant or party to be charged, fees will be waived. Additionally where a contractor has been hired on behalf of the City, fees may be waived at the discretion of the City Manager. SECTION 2. That the general regulations and project deposit guidelines are established as follows: A. COMMUNITY DEVELOPMENT/PLANNING Planning Fees PUBLIC HEARING ITEMS Current General Plan Amendment $1,500 Conditional Use Permit $1,000 Tentative Parcel Map $1,385+ $100/lot + Engineering $270 Tentative Tract Map $1,385+ $100/lot + Engineering $270 Zone Variance $975 Zone Change $1,050 Page 3 of 21 Attachment B Current Municipal Code Amendment $925 Design Review $800 Modification of Conditional Use Permit $750 Planned Development Review $635 Relief from Ordinance (moratorium) $300 Relocation Impact Report (mobile home parks) $1,500 Other Public Hearing Requests (modifications) $300 Other (LA County Clerk Recording Fee, subject to LA Count Fee schedule) $75 Wildlife Exemption Fee No charge COPIES: Land Use Database $35/each General Plan $25/each General Plan Map $5/each Zoning at a Glance Chart No charge Zoning Map $5/each Zoning Requirements No charge Zoning Ordinance $35/each APPEALS: Filing Fee $300 Public Hearing Fee $38 OTHER PLANNING ITEMS: Conditional Use Permit Extensions $300 Lot Line Adjustment/Certificate of Compliance $290 Map Extensions $400 Occupancy Permit $225 Page 4 of 21 Attachment B Current Site Plan Review $225 Sign Plan Review $225 Oak Tree Permit $800 Environmental Impact Assessment (Initial Study) $300 EIR Plus Outside Consultant Cost+ 10% Geologic/Geotechnical Review Cost + 10% Initial Traffic Assessment $330 Traffic Impact Analysis Review Cost + 10% B. ENGINEERING SERVICES Tract Map Tentative Tract Map (Establishing engineering and public improvement conditions) $270 Record Map Analysis: $2,850 plus 50/lot and 1. Monument review $370 2. Verification that map is consistent with conditions to tentative Approval $255 3. Map clearance and review of agreement and/or improvement securities $300 4. Fourth and each subsequent check submittal $450 Deferred Monuments Monument Review $300 Page 5 of 21 Attachment B Certificate of Compliance (Lot Line Adjustment) Current Record document analysis, clearance, and processing $600 Plus Parcel and: $50 1. Verification of compliance with conditions of approval $225 2. Review of agreements and/or improvement securities $225 Plan Checking 1. Initial $300 plus 2'/: percent of the first $50,000 plus 2 percent of the next $100,000 plus 1'% percent thereafter of the estimated construction cost 2. Revision Actual Cost Same as initial plan checking Construction Permits 1. Issuance Fee $50 and $25 2. Initial Observation $500 plus 6 percent of first $100,000 plus 5 percent of next $100,000 plus 4 percent thereafter of the estimated construction cost 3. Modifications Observation Actual cost (an initial deposit is required) for all modifications requiring plan revisions or as built. Road permit Fees (applicable to improvements not subject to Section 3) $50 issuance fee for all construction and encroachment permits plus corresponding observation fee Construction Permits 1. Driveway $250/driveway 2. Close existing driveway opening $250/driveway 3. Individual sidewalk $250/location 4. Individual curb and gutter $200/location Page 6 of 21 Attachment B Current 5. Individual alley improvement $3/sq. ft./location 6. Street trees $50/location for first tree plus $25/tree thereafter 7. Curb drain (curb only) $150/drain 8. Parkway drain $300/drain 9. Relocate existing drainage structure $1,000/structure B. Excavation Permits 1. Service cut $17.50/cut and $2 for each sq. ft. excavation 2. Main Line $2 sq. ft. for each sq. ft. of excavation 3. Sewer cuts (residential) $250/connection to main 4. Sewer cut (commercial) $350/connection to main C. Encroachment Permits 1. Stockpile material or waste in street right-of-way or easement $200/stockpile 2. Placing container for material or waste in a street right-of-way or easement $250/container (refundable deposit) 3. Placing temporary structure or parking equipment in street right-of-way or easement $200/structure or piece of equipment 4. Pedestrian protection required by building code (Construction at parkway grade) $2001location 5. Street closures $200/location 6. Commercial filming $400/working day plus $8001night, Saturday, Sunday, or holiday 7. Other encroachments $50 issuance fee plus actual cost (deposit required) Page 7 of 21 Attachment B Parcel Map Current Tentative Parcel Map (establish engineering and public improvement conditions $270 Record Map Analysis $2,000 plus $50/parcel and 1. Dedications $750 2. Monument review $370 3. Verification that map is consistent with conditions of tentative approval $255 4. Map clearance and review agreements and/or improvements securities $300 5. Fourth and each subsequent check submittal $450 Plans and Specifications $25 walk-in $40 mailed Other Engineering Services Easement/vacation deed research & review Cost + 10% Covenant agreement research & review Cost + 10% Legal description/offer of dedication research & review Cost + 10% Preparation of legal description/dedication documents Cost + 10% C. BUILDING PERMIT FEES Based on L.A. County fee schedule and adjusted per Rosemead Municipal Code. D. PARKS AND RECREATION FEES Resident Non-Resident Pool Admission: Daily recreation swim (18 and under) Daily recreation swim (19 and over) Season recreation swim (18 and under) $1 $1 $1.50 $1.50 $20 $20 Season recreation swim (19 and over) Family pass $30 $30 $50 $50 Page 8 of 21 Attachment B Resident Non-Resident Lap Swim: Per visit $2.00 $2.00 20 visits $25.00 $25.00 Lessons Group Swim Lesson - Youth $20 $20 Group Swim Lesson - Adult $25 $25 Parent Tot $20 $20 Private Lessons (one instructor one student) $80 $80 Semi-Private Lessons (one instructor two $60 ea $60 ea or three students) Aqua Aerobics $45 $45 Swim Team Fees $30 mo $30 mo Luau $5 $5 Wacky Wednesday's $3 $3 Dive in Movies $2 $2 Classes: Day Camp - first child $100/week $100/week Day Camp - second child $90/week $90/week Day Camp - third and additional child $851week $85/week Tiny Tots Sports $20/season $20/season Pre-school $274/qtr $299/qtr Facility Use: Auditoriums: Rosemead Center - Room 3 and 4 $60/hr $90/hr Rosemead Center - Room 1 and 2 $50/hr $75/hr Garvey Center - Banquet Room $65/hr $100/hr Rosemead/Garvey Kitchen (non res) Security Deposit $300 $500 Page 9 of 21 Attachment B Resident Non-Resident Meeting Rooms: Rosemead Center - Room 5 or 8 $25/hr $40/hr Garvey Center - Rooms 103 or 104 (50) $25/hr $40/hr Garvey Center - Rooms 103 & 104 (100) $40/hr $60/hr Garvey Center - Rooms 108 or 109 (50) $25/hr $40/hr Garvey Center - Rooms 108 & 109 (100) $40/hr $601hr Security Deposit $100 $150 Special Event Insurance: Class I: 1 -100 $95 $95 101 -500 $130 $130 501 -1500 $200 $200 Class II: 1 - 100 $135 $135 101 -500 $230 $230 501- 1500 $275 $275 Class III: 1 - 100 $205 $205 101 -500 $355 $355 501 -1500 $471 $471 Park Facility Use: Rosemead Park - Field #1 $12/hr $50/hr Rosemead Park - Field #2 $12/hr $501hr RosemeadPark - Lights $15/hr $301hr Garvey Park - Field #1 $12/hr $501hr Garvey Park - Field #2 $12/hr $50/hr Garvey Park - Multi-Purpose Field $12/hr $50/hr GarveyPark - Gymnasium $32/hr $75/hr Page 10 of 21 Attachment B Resident Non-Resident Garvey Park - Gymnasium (Non-Profit Team) $25/hr $25/hr GarveyPark - Lights $15/hr $30/hr Rosemead Pool - Large Pool $35/hr $75/hr Rosemead Pool - Small Pool $25/hr $40/hr Garvey Pool $35/hr $75/hr Sports Complex - Fields $12/hr $50/hr Sports Complex - Lights $15/hr $30/hr Key Deposit (Non-Profit Team) $100 $100/hr Lifeguard (min. 3) $12/hr $12/hr Lifeguard (Non-Profit Team) (min. 3) $12/hr No charge Staff $11/hr $11/hr Staff (Non-Profit Team) $11/hr $11/hr Security Deposit $75 $11/hr Security Deposit (Non-Profit Team) $100 $100 Vendor Booths - Special Events: Booth Space (10'X 10') $50 $50 Electrical Needs $25 $25 Table and Chairs (2) $5 $5 No charge for non-profit organizations Excursions - Event admission plus 10% Adult Sports: Men's Softball $250/team $250/team Men's Basketball $325/team $325/team Open Gym (badminton/ping pong) $1 Visit $1 Visit Page 11 of 21 Attachment B E. PUBLIC TRANSPORTATION Current Senior Bus Pass $6/mo EZ Pass $26/mo Dial-A-Ride $0.50/Ride Shopper Shuttle $0.50/Ride F. CITY CLERK FEES Subpoenas $15 Subpoenas - personal appearance $150 Photocopies - per page $0.15 Copies of FPPC documents $0.10 Copies of tapes (each) $5 Candidate filing fee $3,000 G. FINANCE DEPARTMENT FEES NSF check (first check) (new) $25 NSF check (second and each subsequent check) (new) $35 H. PARKING/VEHICLE CITATIONS CVC 4000(a) Registration required (if not corrected) $70 CVC 4152.5 Failure to apply for registration $35 CVC 4152.5 With proof of correction $20 CVC 4454(a) Registration card $35 CVC 4454(a) With proof of correction $20 CVC 4457 Mutilatede or illegal license plate $35 CVC 4457 With proof of correction $20 Page 12 of 21 Attachment B Current CVC 4462(b) Evidence of registration - wrong vehicle $35 CVC 5200 Display of license plate $35 CVC 5200 With proof of correction $20 CVC 5201 Position of license plate $35 CVC 5201 With proof of correction $20 CVC 5201(f) Plate clearly visible $35 CVC 5201(f) With proof of correction $20 CVC 5202 Period of display $35 CVC 5202 With proof of correction $20 CVC 5204(a) No tabs $70 CVC 5204(a) With proof of correction $20 CVC 27155 Fuel cap required $35 CVC 21113(a) Unlawful parking - public grounds $50 CVC 22500(a) Parking within intersection $50 CVC 22500(b) Parking on crosswalk $50 CVC 22500(c) Parking/safety & curb (marked with red paint) $50 CVC 22500(d) Parking within 15 ft. from fire station entrance $65 CVC 22500(e) Parking in front of public/private driveway $50 CVC 22500(f) Parking on sidewalk $50 CVC 22500(g) Parking along excavation $50 CVC 225000) Parking in tunnel $50 CVC 22500(k) Parking on bridge $50 CVC 22500(1) Parking - blocking wheelchair ramp $255 CVC 22500.1 Parking in fire lane (properly marked and posted) $75 CVC 22502(e) Curb parking one-way roadway $50 CVC 22507(a) Disabled - no visible placard or plate $335 CVC 22507.8(b) Parking - blocking handicapped space $335 CVC 22507,8(c) Parking in disabled crosshatched boundry lanes $335 Page 13 of 21 Attachment B Current CVC 22515 Unattended vehicle $50 CVC 22516 Locked door - no escape $45 CVC 22517 Open door into traffic lane (driver's side) $65 CVC 22521 Parking on railroad tracks $40 CVC 22522 Parking near sidewalk access ramp $285 CVC 22523(a)(b) Abandonment prohibited $110 LAC 15.20.070 Failure to obey signs/curb markings (street sweeping) $23 LAC 15.20.070 Failure to obey signs/curb markings (time limits) $60 LAC 15.20.130 Parking space markings $45 LAC 15.48.050 Vehicle exceeding posted weight limits $50 LAC 15.48.060 Vehicle exceeding 14,000 lbs. - posted $50 LAC 15.64.010 Stopping prohibited, parking time limits $45 LAC 15.64.020 Parking in loading zones (commercial) $75 LAC 15.64.030 Parking time limit- post office $45 LAC 15.64.040 Parking at mailbox $45 LAC 15.64.050 No commercial parking (more than 6,000 lbs.) 2:00 A.M. to $75 6:00 A.M. in residential zone (5 exceptions) LAC 15.64.052 No commercial (more than 10,000 lbs.) in residential district $75 At any time (5 exceptions) LAC 15.64.055 Commercial vehicle (more than 6,000 lbs.) parked in violation $75 Of posted limits LAC 15.64.100 Parking, disconnected trailer $50 LAC 15.64.110 Parking in bus zone $260 LAC 15.64.120 Parking in passenger zone $50 LAC 15.64.130 No parking - alleys $50 LAC 15.64.140 Temporary no parking $50 LAC 15.64.210 Key in ignition/unattended vehicle $45 Page 14 of 21 Attachment B Current LAC 15.64.220 Parking on grades $45 LAC 15.64.230 Parking more than 18 in. from curb $45 LAC 15.64.240 Angle parking $45 LAC 15.64.250 Double parking $50 LAC 15.64.260 No parking at any time $50 LAC 15.64.270 Parking on private or public property without consent $50 LAC 15.64.271 Parking in fron yard $30 LAC 15.64.280 Parking on wrong side of the street $50 LAC 15.64.290 Parking between curb and adjacent property $50 LAC 15.64.300 Blocking street $50 LAC 15.64.310 Parking of vehicle transporting hazardous materials $360 LAC 15.64.320 Blocking driveway on private street $50 LAC 15.64.330 Parking within intersection $50 LAC 15.64.350 Parking special hazard $50 LAC 15.64.360 Parking adjacent to school $50 LAC 15.64.370 Parking within 15 ft. of fire hydrant $65 LAC 15.64.390 Parking in assigned parking space $50 LAC 15.64.400 Disabled parking on street $335 LAC 15.64.410 Disabled parking off street $335 LAC 15.76.080 Parking on sidewalk $50 LAC 15.76.120 Repairing vehicles on street $50 LAC 15.76.130 Washing vehicles on street $50 LAC 17.04.370 Parks - unauthorized parking $50 LAC 19.12.1410 Obstructing emergency access routes $65 Expired registration tabs $70 DUI Cost Recovery $570 Page 15 of 21 Attachment B Current Impounded vehicle admin. fee $125 Stored vehicle admin. Fee $100 I. ANIMAL CARE AND CONTROL FEES Current Updated Dog Licensing New/renewal for male or female $20 $20 New/renewal for spayed or neutered with certificate $10 $10 New/renewal for spayed or neutered with certificate $5 $5 owned by senior citizen (60 yrs. And older) Penalty for unlicensed animal $20 $20 Impounding of Animals: Dogs and cats- 1s' impound $0 20 Dogs and cats - 2nd impound $0 40 Dogs and cats - 3rd impound $0 60 Small animals other than dogs and cats $0 10 Special handling by Animal Control Officer $0 Cost +10% Care and Feeding (Boarding): Dogs and cats (per day) $0 18 Small animals other than dogs and cats (per day) $0 12 Large animals (per day) $0 12 Dead Animal Disposal: Picked up by Animal Control - small $0 60 (Dogs, cats and other small animals) Picked up by Animal Control - large $0 250 (Horses, cows and other large animals) Special handling by Animal Control Officer $0 Cost +10% Delivered to Animal Control - small $0 10 (Dogs, cats and other small animals) Delivered to Animal Control - large $0 250 (Horses, cows and other large animals) Delivered to Animal Control by business $0 10 Page 16 of 21 Attachment B Current Updated Animal Relinquishment: Picked up by Animal Control -small $0 50 (Dogs, cats and other small animals) Picked up by Animal Control - litter $0 Picked up by Animal Control -small livestock $0 50 Picked up by Animal Control - single large animal $0 250 Special handling by Animal Control Officer $0 Cost +10% Delivered to Animal Control - small animal $0 10 (Dogs, cats and other small animals) Delivered to Animal Control - litter '$0 25 Delivered to Animal Control - small livestock $0 25 Delivered to Animal Control - large animal $0 (Horses, cows and other large animals) SECTION 3. That the Business License fees are established as follows: New Application Renewal Business License and Fee Charges Accupressure/Accupuncture $300 $100 Ambulance: Attendant $28 $30 Driver $33 $13 Owner $149 $41 Vehicle $116 $108 Apartments: 5-10 Families $72 $33 11-15 Families $87 $41 16 -over $148 $70 Beauty Salon (Skin and Nail Care) $300 $100 Page 17 of 21 Attachment B New Application Renewal Billiard Room (more than I table) $325 $105 Boarding House $70 $34 Book Store $295 $105 Bowling Alley $327 $185 Burglary Alarm $18 $11 Card Club $317 $130 Coin operated game and phonograph $87 $53 Cold Storage Locker $72 $49 Dances (No Dance Hall Permitted) Annual $336 $126 Special $300 No charge Taxi Dance Hall $291 No charge Youth and Charity No charge No charge Entertainment: with dance license $117 $103 Entertainment: without dance license $423 $217 Exhibition (Carnival) $370 $141 Explosives $153 $90 Filing Station (Car wash) $76 $33 Fortune Telling (C-3 Zone) $500 $250 Funeral Escort: Business $85 $38 Employee $25 $13 Game Arcade: 4 or more $326 $121 Gun Dealer $121 $62 Identification Cards $107 $60 Launderette $59 $27 Page 18 of 21 Attachment B New Application Renewal Locksmith $61 $34 Lumberyard $338 $260 Massage Parlor and Technician $300 $100 Model studio $388 $158 Motel/Hotel $81 $37 Motor Vehicle: Rental $112 $57 Painting $112 $57 License Repair (trucks) $112 $57 Nursery $27 $11 Outdoor Festival: Religious Worship $10 No charge All others $443 Additional day $133 Pawn Broker $95 $66 Peddler: Edible $17 $11 Merchandise $26 $16 Picture Arcade $347 $123 Pony Ride $31 $11 Poultry Dealer $31 $11 Private Patrol: Business $127 $38 Special Officer $48 $13 Public Eating Establishment $135 $87 Food Establishment $78 $36 Rides: (Mechanical) $127 $54 Page 19 of 21 Attachment B New Application Renewal Rodeo $317 Additional Day $131 Salvage Collector for vehicles: Regular $31 $17 Charity $2 $2 Salvage Dealer: Regular $144 $71 Charity $2 $2 School: (Private) $233 $83 Solicitor $31 $17 Sound Truck (Commercial) $108 $23 Taxi Dancer or Instructor $54 $34 Taxicab Driver $33 $17 Owner $194 $48 Cab $110 $110 Additional Cab $110 $110 Theatre $398 $188 Tow Truck $76 $51 Traveling Show or Circus $542 Additional Day $313 Valet Parking Service $111 $86 Waste Collector: (Vehicle) $59 $51 Waste Disposal Facility $593 $493 Hauler w/vehicle $22 $14 Firework Stands: Permit $10 No charge Deposit $200 No charge Page 20 of 21 Attachment B New Application Renewal X-mas Tree Lot: Permit $25 No charge Deposit $150 No charge Kennel License: Needs a Conditional Use Permit through the Planning Department, and a license through the Animal Care & Control Department. Seller's Permits: State Board of Equalization 20 E. Foothill, Arcadia, (626) 350-6401 Acupressure, Ambulances, Bar, Beauty Salon, Billiard Rooms, Dance, Entertainment, Fortune Teller, Locksmith, massage Parlors and Massage Techs, Pawnbrokers, Peddlers, Solicitors, and Taxi Driver Businesses listed above require a full background investigation and may take at least 3-8 weeks. PASSED, AND ADOPTED, by the City Council of the City of Rosemead, County of Los Angeles of the State of California on October 27, 2009. Margaret Clark, Mayor ATTEST: Gloria Molleda, City Clerk APPROVE AS TO FORM: Joseph M. Montes, City Attorney Page 21 of 21 Attachment C RESOLUTION: 2009-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, WAIVING THE CALPERS 960-HOUR RULE FOR STEPHEN MAJORS. WHEREAS, Stephen Majors retired from the City of Duarte in the position of Senior Animal Control/Code Compliance Officer, effective September 1, 2007; and WHEREAS, the City of Rosemead appointed Stephen Majors to the position of Animal Control Officer, a position deemed to be of limited duration and requiring specialized skills, effective July 1, 2009; and WHEREAS, Stephen Majors is expected to reach his maximum of 960 hours this fiscal year on or about January 15, 2010; and WHEREAS, due to the large increase in animal control costs being charged by the County of Los Angeles, the City of Rosemead has elected to transition the animal control function in-house with City staff; and WHEREAS, Stephen Majors has extensive experience in animal control and the creation of animal control programs, and can provide needed direction, guidance and training in the development of the City of Rosemead's program; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY RESOLVES AS FOLLOWS: That the CalPERS Board of Administration be requested to approve an extension in accordance with Government Code section 21221(h) for the temporary employment of Stephen Majors for 960 additional hours or through June 30, 2010. An appointment made under this section of this subdivision may not exceed a total of 12 months. PASSED, APPROVED AND ADOPTED this 27th day of October 2009. MARGARET CLARK MAYOR ATTEST: GLORIA MOLLEDA CITY CLERK APPROVE AS TO FORM: JOSEPH M. MONTES CITY ATTORNEY M Cn 3 D 1 M 0 0 O N N Z O N 69 U N J Co J a) 00 r M N y 0 O r r M n v0 1 r _ c7 r M m y I v o m m O T Z ~ V) U) 40 49 V CO O N V A ~ 00 W 00 O 00 N W CT O Cn N O A O A N ~ CD A O) N O N A 00 r M N Cl) 0 O r r M M O r > mr z M ~y Mo o M M mv i Cn N N N O V W 4 00 N A O1 A 00 4 A A T O 01 O tl1 i O V O V O (T N O N O N O N O O A O A O A G O A 0 A 0 A 0 0 n X O v M 0 O v M 1 O z N w 0) OD U N N A 40 O 0t1 CT N N A A 0 O N 0 M EP -a 0 a) CD n C. N n N > > m 3 3 m m m - m _ - o d N . 7 CD CA O W 3 N K j C-n N N Cn (D V 69 Co C9 Co F n rn <n m N V CO V O u Co u W u O u EA 69 69 (A Cn W W 4 Co W O O A O _ O O W (0 CO 6 6 O O O O A O O O O m - '0 0 n m > > v C7 3 m N 0 m _ w m N . CD M 0 ~ N r CT N y (P CO V En fA En ~ N V W 1-4 o u Co u Co u (D u En to <n <n _W _W A _W W CD O A O _ M O W CO CO 6 O O O 0 0 A O r D 0 O C z O Co m 3 M D 0 Attachment D J N W W O C1 Co In O A N O O O n z O 0 M 0 2 O C z r N n T T z O i II i rr Do 0O Z O C z 0 ~O 0 Cl) Cl) _n OZ TI ic Or ch n mo M z M D I ;d v r o D o 00 O-1 C CO) z N O O t0 O