HomeMy WebLinkAbout10/24/2016
B A K E R S F I E L D
Staff: Committee Members:
Steven Teglia, Assistant City Manager Councilmember, Terry Maxwell - Chair
Chris Gerry, Administrative Analyst III Councilmember, Jacquie Sullivan
Councilmember, Chris Parlier
Regular Meeting of the
Legislative and Litigation Committee
of the City Council – City of Bakersfield
Monday, October 24, 2016
12:00 p.m.
City Hall North, First Floor, Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
A G E N D A
1. ROLL CALL
2. ADOPT SEPTEMBER 19, 2016 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Discussion Regarding Target Zero Program – Teglia
B. Medical Marijuana Dispensaries Update - Gennaro
5. COMMITTEE COMMENTS
6. ADJOURNMENT
/s/ Steve Teglia
B A K E R S F I E L D
Committee Members
Staff: Steve Teglia Councilmember, Terry Maxwell, Chair
Assistant City Manager Councilmember, Jacquie Sullivan
Councilmember, Chris Parlier
REGULAR MEETING OF THE
LEGISLATIVE AND LITIGATION COMMITTEE
Monday, September 19, 2016
12:00 p.m.
City Hall North – Conference Room A
1600 Truxtun Avenue, Bakersfield, CA 93301
AGENDA SUMMARY REPORT
The meeting was called to order at 12:00 p.m.
1. ROLL CALL
Committee members:
Councilmember, Terry Maxwell, Chair
Councilmember, Jacquie Sullivan
Councilmember, Chris Parlier
City Staff:
Steve Teglia, Assistant City Manager
Christopher Gerry, Administrative Analyst – City Manager’s Office
Virginia Gennaro, City Attorney
Richard Iger, Deputy City Attorney
Viridiana King, Associate Attorney
Nick Fidler, Public Works Director
Jacqui Kitchen, Planning Director
Phil Burns, Building Director
Greg Williamson, Bakersfield Police Chief
Lyle Martin, Bakersfield Assistant Police Chief
Joe Bianco, Bakersfield Police Captain
Rene Chow, Bakersfield Police Captain
Joe Mullins, Bakersfield Police Lieutenant
Lisa McGranahan, Human Resources Manager
Others Present:
Members of the Public
Members of the Media
Members of Caught Up
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2. ADOPT AUGUST 22, 2016 AGENDA SUMMARY REPORT
The Report was adopted as submitted.
3. PUBLIC STATEMENTS
None
4. NEW BUSINESS
A. Discussion Regarding Hookah Lounges / Curfew – Gennaro/Williamson
City Attorney Gennaro stated that the Committee would discuss youth curfews as it
is a potential enforcement tool when dealing with Hookah Lounges. She presented
a brief presentation regarding Hookah Lounges, crime statistics, and possible
solutions.
Police Captain Bianco provided an overview of the calls for service regarding
Hookah Lounges. He stated that there have been 76 incidents involving curfew
arrests during 2016.
Deputy City Attorney Iger provided a summarization of the current cabaret
ordinance and possible amendments to it to include the oversight of Hookah
Lounges.
City Attorney Gennaro stated that along with the recent passage of state
legislation prohibiting anyone under the age of 21 from smoking, the concept of
having Hookah Lounges apply for a cabaret permit will enable the Bakersfield
Police Department (BPD) to restrict and regulate who can be served at the
facilities.
Mr. Isaiah Crompton thanked the Committee for discussing the matter. He also
thanked BPD for all their efforts to enforce the curfew ordinance. He requested a
community meeting be scheduled to discuss the process taken when a minor is
detained.
Committee Chair Maxwell stated the BPD is always looking for ways to reach out to
the community and suggested Mr. Crompton speak with staff present at the
meeting.
Ms. Alexandra Reyes, whose son was recently killed outside a Hookah Lounge,
stated that there should be better security at these establishments and that
enforcement of the curfew ordinance will help stop the violence. She also thanked
BPD, the Committee members, and staff for discussing the matters.
Committee member Parlier stated the Bakersfield Municipal Code regarding
Curfew for Minors section 9.44.010 should be amended to include tobacco
products.
Committee Chair Maxwell inquired about how the accuracy of the addresses
provided for calls for service are reviewed.
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Police Chief Williamson stated that BPD receives many calls for incidents occurring
outside the Hookah Lounges. Police Lieutenant Mullins stated BPD spends a lot of
time monitoring these establishments. However, security at the establishments is a
problem.
Committee Chair Maxwell stated that applying restrictions to Hookah Lounges will
not discourage groups from congregating at the establishments and that they will
find somewhere else to do so.
Police Lieutenant Mullins agreed. He added that in the downtown area, there is a
lot of signage restricting parking hours and there are no open areas for groups to
congregate after bars close.
Committee Chair Maxwell inquired if other areas within the city would benefit from
increased signage.
Public Works Director Fidler stated enforcement of such signage is not possible on
private parking lots. City Attorney Gennaro added that BPD and the businesses in
areas experiencing issues work together to make changes in order to deter groups
from congregating in open parking lots.
Committee member Sullivan asked to review the businesses which are open past
2:00 a.m. and if Hookah Lounges are allowed to be open past that time.
City Attorney Gennaro stated there is no law that dictates the specific hours of
operation of a business. Hookah Lounges remain open for as long as their owner
deems it is profitable for them to stay open. Police Chief Williamson stated there are
several large chained businesses which remain open for 24 hours including Denny’s,
Walmart, 7-Elevens, and 24 hour gas stations.
Committee Chair Maxwell asked what time would Hookah Lounges be required to
close if the revised ordinance is adopted.
Police Chief Williamson stated the Hookah Lounges would be required to close at
the same time as the drinking establishments.
Committee member Parlier asked if there are any provisions which would revoke an
establishment’s permit if they receive too many calls for service.
City Attorney Gennaro stated that such a provision is a condition included as part
pf the cabaret permit.
Committee member Parlier made a motion to amend the Curfew for Minors
ordinance to include tobacco products and a motion to amend the Cabaret
ordinance as proposed by staff and present them to the full City Council for
approval. The motions were unanimously approved.
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B. The Use of Administrative Citations for Illegal Pole Signage – Gennaro
City Attorney Gennaro provided a summary of the memorandum included in the
Committee packet regarding the use of an administrative citation process for
individuals who post adverting signs on poles. The City Attorney’s office has been
successful when reaching out to violators. 17 of 27 violators who have been
contacted through letters have removed their signs and have not reposted any
more. Enforcing the ordinance is very difficult if contact cannot be made with a
business. An edict has been issued to all departments working in the field to
remove any signs they come in contact within the public right-of-way, time and
equipment permitting.
Committee member Parlier thanked staff for their work and thought the letters to
the businesses was a good idea. He inquired about signs located on utility poles.
Public Works Director Fidler stated traffic signal technicians remove all signs located
on any traffic control device and graffiti crews remove signs located on utility poles
and poles in the public right-of-way that they encounter during their daily activities.
Building Director Burns stated a recent sweep near the intersection of Stockdale
Highway and Brundage Lane yielded 220 signs.
Committee member Sullivan asked if all signs located on utility poles were violating
the municipal code.
City Attorney Gennaro stated all signs in public right-of-ways are in violation of the
code, whether they are on the wooden poles or the metal poles.
Committee Chair Maxwell thanked staff for all their hard work and efforts regarding
the ongoing problem.
5. COMMITTEE COMMENTS
Committee Sullivan stated the meeting was reflective of an open government forum
available to the public to bring any items of concern within their communities to the
Council for discussions and solutions.
Committee Chair Maxwell thanked all of the staff present at the meeting for their work
and involvement with the items discussed at the meeting.
6. ADJOURNMENT
The meeting adjourned at 12:44 p.m.
Documents
Presented At
Legislative & Litigation
Committee
October 24, 2016
Meeting
Year 1 Oct. 13 Nov. 13 Dec. 13 Jan. 14 Feb. 14 Mar. 14 Apr. 14 May. 14 June. 14 July. 14 Aug. 14 Sep. 14 Total:
Monthly
Avg.
Total 779 740 521 649 535 594 851 1118 971 1016 877 881 9532 794.33
Dog 524 592 435 556 448 493 548 567 559 662 522 524 6430 535.83 67.46%
Cat 255 148 86 93 87 101 303 551 412 354 355 357 3102 258.50 32.54%
LRR 17.42% 15.82% 27.75% 35.30% 41.60% 47.40% 25.10% 28.22% 24.24% 32.75% 29.89% 22.99% 29.04%
Year 2 Oct. 14 Nov. 14 Dec. 14 Jan. 15 Feb. 15 Mar. 15 Apr. 15 May. 15 June. 15 July. 15 Aug. 15 Sep. 15 Total:
Monthly
Avg.
Total 952 782 729 699 628 827 930 1102 1024 985 875 813 10346 862.17
Dog 594 574 573 578 481 592 524 527 532 601 500 481 6557 546.42 63.38%
Cat 358 208 156 121 147 235 406 575 492 384 375 332 3789 315.75 36.62%
LRR 28.78% 33.10% 32.06% 47.24% 54.49% 48.63% 43.54% 33.74% 25.84% 35.21% 40.23% 41.35% 38.68%
Year 3 Oct. 15 Nov. 15 Dec. 15 Jan. 16 Feb. 16 Mar. 16 Apr. 16 May. 16 June. 16 July. 16 Aug. 16 Sep. 16 Total:
Monthly
Avg.
Total 904 725 577 642 613 654 757 980 900 954 781 827 9314 776.17
Dog 549 476 452 506 474 480 436 456 458 494 434 461 5676 473.00 60.94%
Cat 355 249 125 136 139 174 321 524 442 460 347 366 3638 303.17 39.06%
LRR 46.63% 41.31% 60.00% 67.85% 67.18% 65.81% 65.45% 55.50% 52.29% 51.30% 53.58% 44.29% 55.93%
Best Practice Strategies
Sara Pizano , MA, DVM
Program Director
drsarapizano@target-zero.org
Cameron Moore
Program Manager
cameron@target-zero.org
Target Zero
National charitable initiative helping
open admission shelters pro bono:
Productively decrease intake
Achieve/maintain 90%+ within
municipal framework
Shelter~Community
Assessment
u Look for gaps between current
status and Best Practice
u Program design crucial
u *Public~Private partnerships*
Link to Funding
u $500,000 cat grant~Northern Kentucky
u $350,000 grant for city of Indianapolis
u $90,000 grant for city of El Paso
u $175,000 for CCD in Greenville, SC
u In kind donations for humane housing for cats
(Kenton Co., KY and Kern Co., CA)
u Best Friends
u Presented to PetSmart Charities, Maddie’s
Fund and Petco
City of Bakersfield Positives
u Partnerships with SPCA, homeless
center, vet tech school, etc.
u Impressive life saving trends
u Funding for public spay/neuter and
vaccines
Key Strategies
Public Policy
Successful Ordinance Updates
u Waco, TX
u Escambia Co., FL
u Broward Co., FL
u Indianapolis, IN
u Baton Rouge, LA
u El Paso, TX
u Montgomery Co.,TX
u Boone Co., KY
u Campbell Co., KY
u Kenton Co., TX
10 for 10!
Public Policy Revisions in
Progress
u Lafayette Parish, LA
u Nashville, TN (anti-tethering)
u Huntsville, AL (anti-tethering)
u Memphis, TN
Public Policy
Recommendations
u Remove dog limit
u Option for adoption services instead of
punitive RTO/abandonment to improve
8% dog RTO
u Honor 3 day hold for dogs (open 7
days)
u Fixed income (5-10 subsidized
surgeries per 1,000 residents a year)
u 2,000 to 4,000 recommended for
Bakersfield per year
u Dramatically decreases shelter intake
No need for vouchers
Targeted Spay/Neuter
Large breed dogs
High intake areas
Community Cats
Other Targeted Groups
Jacksonville, Florida
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
TOTAL SURGERIES TOTAL DEATHS TOTAL SHELTER INTAKE
Depicts the inverse relationship and goal trends for targeted spay/neuter vs shelter intake
and euthanasia of dogs and cats through the end of FY14/15.
HUNTSVLLE, ALABAMA
Depicts the inverse relationship and goal trends for targeted spay/neuter vs
shelter intake and euthanasia of dogs and cats through December 31, 2015
0
2,000
4,000
6,000
8,000
10,000
12,000
2009 2010 2011 2012 2013 2014 2015
Spayed/Neutered Intake Euthanized
WACO, TEXAS
Depicts the inverse relationship and goal trends for targeted spay/neuter vs shelter
intake and euthanasia of dogs and cats through December 31, 2015
0
2000
4000
6000
8000
10000
12000
14000
16000
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Spayed/Neutered Intake Euthanized
v RTO 18 out of 3,815
v 84% shelter cats euthanized
Community Cat Facts FY 14/15
at city of Bakersfield shelter
v Studies show that cats 7-10 times
more likely to find their way home
from the street vs shelter
v Good Sams mistakenly think they are
lost
v Trap/euthanize doesn’t solve problem
Community Cat Facts
Instead of intake at shelter*~ divert
outdoor cats to spay/neuter/ear tip/
vaccinate/deworm & return to ‘outdoor
home’
Cats are not ‘stray’ or ‘lost’
millioncatchallenge.org
Community Cat Diversion
Public~Private
Partnerships
u Increased community immunity
against rabies
u Decrease in community cats: colony
prevention
u Less wildlife at risk, less risk of
rabies and parasite transmission
u Eliminates complaints about cats
Positives in the community ….
u Can eliminate unnecessary
euthanasia of cats in shelter
u Increased adoption of cats that are
admitted
u More resources for dogs ($$, staff
time, space, etc.)
**must have humane housing**
Positives at the shelter …
Community Cat Diversion
Animal Control – Greenville County, SC Unincorporated
May/June 2015 Pick Ups: 255 cats
May/June 2016 Pick Ups: 10 cats
Difference: 96% decrease in animal control pick-ups for
Greenville County!
Stray Drop Offs- All areas of Greenville County, SC (people
bringing in stray cats to the shelter)
May/June 2015 drop offs: 1,510 cats
May/June 2016 drop offs: 706 cats
Difference: 53% decrease in cat intake to the shelter via public
drop offs!
Cat Live Release Versus Euthanasia
Jacksonville Animal Care & Protective Services
Depicts the decrease of cat intake and euthanasia numbers after the Feral Freedom (Community Cat) program
was implemented in August 2008.
1,390
6,421 6,094 6,090 6,882 6,015 5,508 6,030 6,379
10,703
6,335
4,477
3,396
2,477 1,100
492 277 309
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16
CA
T
S
Euthanasia
Live Release
Cat Live Release Versus Euthanasia
Huntsville Animal Services
Shows the dramatic decrease of cat euthanasia numbers after the Community Cat Diversion Program was
implemented in April 2014. Figures are through September 30, 2016. Current save rate for cats is 96%.
359 407 357 473 572
1,616 1,820
1,376
3,273
2,313 2,311 1,925 1,802
520 70
35
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
2009 2010 2011 2012 2013 2014 2015 2016*
Euthanasia
Live Release
Cat Live Release Versus Euthanasia
Indianapolis Animal Care & Control
Shows the dramatic decrease of cat euthanasia numbers after the Community Cat Diversion Program was
implemented in August 2013. Figures are through September 30, 2016. Current save rate for cats is 91%.
2,193 2,222
3,088 2,674 2,525
3,438 3,814 4,031
2,631
5,008
4,231
3,302
3,209
2,470
1,853 899 398
291
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
2008 2009 2010 2011 2012 2013 2014 2015 2016*
Euthanasia
Live Release
Cat Live Release Versus Euthanasia
City of Waco Animal Shelter
Shows the decrease of cat intake and euthanasia numbers after the Community Cat program was implemented in
the fall of 2013. Current save rate for cats is over 90%.
1,188 1,238 1,116 1,093 814
2,257
990
348 140
122
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16
Euthanasia
Live Release
2015 ASPCA Rehoming study
(Emily Weiss, PhD, et. al.)
2015 Maddie’s Fund Survey
*Managed intake major focus area
Safety Net~Managed Intake
Brevard County Sheriff, Florida
Dogs December January February March April May Average
Total Appointments
scheduled: 35 50 41 47 45 53 45
Total Surrendered: 7 13 17 12 8 7 11
Total No Show / Diverted: 28 36 24 35 37 46 34
# Accepted w/o Appointment: 0 1 11 39 6 5 10
% Diverted: 80.00% 72.00% 58.54% 74.47% 82.22% 86.79% 75.67%
Cats December January February March April May Average
Total Appointments
scheduled: 51 68 54 52 44 55 54
Total Surrendered: 9 4 24 15 10 8 12
Total No Show / Diverted: 42 64 30 37 34 47 42
# Accepted w/o Appointment: 0 0 8 17 6 26 10
% Diverted: 82.35% 94.12% 55.56% 71.15% 77.27% 85.45% 77.65%
u Return to Owner
u Open Adoptions*
u Transport to other shelter with
shorter LOS
u Rescue
u Foster
Live Release~Outcome Programs
HSUS Adopter’s Welcome Guide
(animalsheltering.org)
Making the best match
Conversational adoptions
Letting go of myths based on fear
Open Adoptions
Low adoptions fees
(generate revenue from other
sources)
Non-judgemental
Don’t miss adoption opportunities!
Open Adoptions
Approval process
Legal and providing proper care
No fees
Streamlined process
Rescue Partnerships
Good Samaritan opportunities
Provide supplies
Showcase pets outside the shelter
Empower to make permanent
placements
~Open adoption philosophy~
Foster and Adoption Ambassadors
Questions, Comments….
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