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HomeMy WebLinkAbout10/24/2016  /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, October 24, 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 12:05 p.m. 1. ROLL CALL Committee members: Councilmember, Terry Maxwell, Chair Councilmember, Jacquie Sullivan Councilmember, Chris Parlier City Staff: Steve Teglia and Chris Huot, Assistant City Managers Lisa McGranahan, Human Resources Manager Aaron Kennedy, Information Technology Supervisor Virginia Gennaro, City Attorney Richard Iger, Deputy City Attorney Viridiana King, Associate Attorney Phil Burns, Building Director Greg Williamson, Bakersfield Police Chief Jason Matson, Bakersfield Police Lieutenant Tammy Davis, Animal Control Supervisor Lacey VonDohlen, Bakersfield Police Clerk Typist Julie Johnson, City of Bakersfield Animal Control Center Director Kimberly Wilson, City of Bakersfield Animal Control Center Veterinarian Others Present: Members of the Public Members of the Media Members of Critters without Litters 2. ADOPT SEPTEMBER 19, 2016 AGENDA SUMMARY REPORT The Report was adopted as submitted.   _________________________________________________________________ S:\Council Committees\2016\Legislative and Litigation\10_October\October 24 ASR.docx Page 2 ST:mc     3. PUBLIC STATEMENTS There were no public statements. 4. DEFERRED BUSINESS A. Discussion Regarding Target Zero Program - Teglia Assistant City Manager Teglia provided a summary of the Asilomar adjusted total intake numbers from the previous three years the City of Bakersfield Animal Care Center (CBACC) which showed a decline in total animal intake and an increase in the live release rate. He introduced Dr. Sara Pizano and Cameron Moore who provided an overview of the Target Zero Program. Target Zero Program Director Dr. Sara Pizano provided a summary of the different tools the Target Zero Program utilizes to assist Animal Shelters to productively decrease animal intake and achieve and maintain a 90% or more live release rate. She also reviewed several findings of a recently conducted assessment of CBACC. Dr. Pizano praised the City for its partnerships including the Bakersfield SPCA, the Bakersfield Homeless Center, and others, and for its funding of public spay/neuter and vaccination programs. She suggested changes be made to the City’s ordinance, to CBACC’s operating hours, to the spay/neuter program, and that the City implement a cat diversion program. Committee member Sullivan thanked Dr. Pizano for her presentation and was encouraged by the data presented. Committee member Parlier also thanked Dr. Pizano for her positive comments regarding CBACC. Committee Chair Maxwell agreed with their comments. Public speaker Christi Nolan stated she was excited about the information provided by Dr. Pizano. She asked when the City would be a fellow of the Target Zero Program. She also stated that educating the public about available programs is important. Vicky Thrasher with Critters without Litters stated she was in support of a community cat diversion program. Larry Keller, also with Critters without Litters agreed with Ms. Thrasher’s comments and added that advertising the spay/neuter voucher program more would contribute to decreasing the intake and euthanasia rates at CBACC. Assistant City Manager Teglia stated a fellowship with the Target Zero Program would assist the City with acquiring funding for many of the programs it supports. Committee member Sullivan made a motion to recommend a resolution to the full City Council to participate as a fellow in the Target Zero Program and implement a Community Cat Diversion program. The motion was unanimously approved. Committee member Parlier requested the resolution be presented during the workshop portion at the Council meeting.   _________________________________________________________________ S:\Council Committees\2016\Legislative and Litigation\10_October\October 24 ASR.docx Page 3 ST:mc     Public speaker Liz Keogh stated that she has been an advocate of trap-neuter- release (TNR) program for many years. Ms. Keogh further stated she will provide additional comments and questions when the resolution is presented to the full City Council. Committee member Parlier asked if CBACC had any cat cages that City residents could borrow for TNR. CBACC Director Julie Johnson stated CBACC did not have any cages and that they would have to be purchased. Ms. Thrasher stated Critters without Litters had several cages people could utilize for free. They require a small deposit fee which is returned at the time the cage is returned. The Target Zero fellowship will assist CBACC in acquiring several items needed to make the Community Cat Diversion program successful. B. Medical Marijuana Dispensaries Update – Gennaro City Attorney Gennaro provided an update regarding the enforcement of the City’s Medical Marijuana Ordinance. She also presented a brief presentation comparing the City of San Diego’s enforcement activities related to its medical marijuana ordinance. Deputy City Attorney Iger stated there have been between six to ten medical marijuana dispensaries opened in the Oleander Area over the past year. The City Attorney’s office has closed six in Ward 2 in the past month and has pending lawsuits with three others. Public speaker Helen Kotowske stated many residents are unaware of the number of medical marijuana dispensaries in the Oleander area because of the inconspicuous signage they use to advertise their shops. Many businesses in the area are closing up and moving away to other locations around town. Public speaker David Brust stated there are 11 open medical marijuana dispensaries located in the area generally south of California Avenue to Brundage Lane and west of Chester Avenue to Oak Street. He stated that there has been improvement in closing them down in the Oleander area and is looking forward to seeing it improve further. He suggested the city advertise when it has successfully shut down a medical marijuana dispensary and be proactive about informing businesses what the ordinance does and does not allow. He and other concerned Oleander residents have formed Bakersfield Residents Against Pot Shops (B-RAPS) in an effort to remove the dispensaries from their area. Anyone interested in obtaining more information on getting involved can visit www.B-RAPS.Org Committee Chair Maxwell stated that the number of vacant properties combined with the length in which they have been vacant contributes to the large number of medical marijuana dispensaries. Many property owners are not aware that they have leased property to someone running a medical marijuana dispensary.   _________________________________________________________________ S:\Council Committees\2016\Legislative and Litigation\10_October\October 24 ASR.docx Page 4 ST:mc     City Attorney Gennaro stated she agreed with Committee Chair Maxwell’s comments and that her office will review any outstanding letters addressed to the medical marijuana dispensaries which continue to remain open, for further action. Committee member Sullivan asked how it was possible for a medical marijuana dispensary to be closed down and re-open again later. She also thanked Mr. Burst and Ms. Kotowske for being aware and involved with the activities occurring within their communities. Deputy City Attorney Iger stated the city is required to restart the civil process to reclose a medical marijuana dispensary when it opens in a new location; if there was a lawsuit, the dispensary can be held in contempt of a court and action can be immediately taken to close the dispensary. Committee member Parlier stated he was present for the closing of a medical marijuana dispensary located at H Street and Brundage Lane and was astonished by the work it requires. He inquired about referring the item of implementation of civil penalties to the City Council and the status of the local measure. City Attorney Gennaro stated that due to the impending election and the uncertainty of Proposition 64 further discussion occur after the election. She further stated it would be appropriate for the item to be discussed by the entire City Council, as they will have several options at that time. Deputy City Attorney Iger stated the petition had been received the week of October 17, 2016 and that the City had 30 days to verify the signatures. Once all signatures are verified and they meet a certain threshold, they are presented for certification to the full City Council. The City Council will then also have to decide to adopt the ordinance as is or submit it to the voters on the next ballot measure. The ordinance would legalize medical marijuana dispensaries in the City of Bakersfield in 2018. Committee Chair Maxwell thanked Mr. Brust and Ms. Kotowske for attending the meeting. He stated the State of California should have setup a similar system like the issuance of alcohol permits by the Department of Alcohol and Beverage Control to regulate the medical marijuana dispensaries. The City passed a resolution and an ordinance to provide the City Attorney’s office a means to regulate the dispensaries and he believed they were closing the dispensaries appropriately. 5. COMMITTEE COMMENTS There were no committee comments. 6. ADJOURNMENT The meeting adjourned at 1:40 p.m.