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Home My WebLink About03/18/2019 B A K E R S F I E L D Staff: Committee Members: Steven Teglia, Assistant City Manager Councilmember, Chris Parlier – Chair Councilmember, Andrae Gonzales Councilmember, Jacquie Sullivan Special Meeting of the Legislative and Litigation Committee of the City Council – City of Bakersfield Monday, March 18, 2019 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 MARCH 19, 2018 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Discussion Regarding Breeder Permits – Teglia B. Discussion and Committee Recommendation Regarding Adoption of the 2019 Committee Meeting Schedule – Teglia 5. COMMITTEE COMMENTS 6. ADJOURNMENT B A K E R S F I E L D Committee Members Staff: Steve Teglia Councilmember, Chris Parlier, Chair Assistant City Manager Councilmember, Jacquie Sullivan Councilmember, Andrae Gonzales REGULAR MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Monday, March 19, 2018 12:00 p.m. City Hall North, First Floor, 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 Present: Councilmember, Chris Parlier, Chair Councilmember, Andrae Gonzales Councilmember, Jacquie Sullivan City Staff: Steve Teglia, Assistant City Manager Brianna Carrier, Management Assistant Virginia Gennaro, City Attorney Richard Iger, Deputy City Attorney Viridiana King, Associate Attorney Joe Dougherty, Bakersfield Police Lieutenant William Toler, Bakersfield Police Sergeant Others Present: Members of the Public 2. ADOPT FEBRUARY 26, 2018 AGENDA SUMMARY REPORT The Report was adopted as submitted. 3. PUBLIC STATEMENTS There were no public statements. /s/ Steve Teglia DRAFT ____________________________________________________________________________________ S:\Council Committees\2018\Legislative and Litigation\03_March\March 19 ASR.docx Page 2 ST:mc 4. DEFFERED BUSINESS A. Continued Discussion Regarding Massage Ordinance Penalties – Iger Deputy City Attorney Iger provided a brief presentation regarding the massage ordinance. It included background information regarding the proposed changes to the massage ordinance discussed at two previous Committee meetings held on May 22, 2017 and February 26, 2018; he also reviewed the draft massage ordinance included in the packet. Karen Keller, a massage therapist, asked when the massage ordinance would be presented to the City Council. City Attorney Gennaro stated that the massage ordinance’s first reading before the City Council was scheduled for Wednesday, March 21, 2018. If approved by a majority vote on that date, the ordinance’s second reading before the City Council would be scheduled for April 11, 2018. It would take effect 30 days after the second reading. Aneta Adams spoke on behalf of Victoria Wolf, a massage therapist who was unable to attend the meeting, regarding what type of documentation would indicate a massage therapist has grandfathered status. City Attorney Gennaro stated a completed application will indicate the status. Deputy Attorney Iger added that the Police Department will be issuing the documentation which will include permit information as well. City Attorney Gennaro emphasized that an application will need to be completed annually prior to the expiration date of the permit, prior to a lapse in coverage, to maintain their grandfathered status. Deanna Araujo, a massage establishment owner, asked if any establishment requirements were changing along with the massage ordinance. Deputy City Attorney Iger stated that there were none. If a fee is determined to be necessary for grandfather permits, the cost will be established in the master fee schedule. Committee Chair Parlier thanked staff for all the efforts to prepare and modify the massage ordinance in cooperation with the community members. Committee member Gonzales made a motion to present the massage ordinance to the full City Council. The motion was unanimously approved. 5. COMMITTEE COMMENTS There were no committee comments. 6. ADJOURNMENT The meeting adjourned at 12:10 p.m. DRAFT Legislative and Litigation Committee Calendar January 2019 Through December 2019 All meetings will be held at City Hall North, First Floor, Conference Room A Approved:DRAFT Legislative and Litigation Committee Meetings 12:00 p.m. Holidays - City Hall Closed 12:00 p.m. SMTWTHFSSMTWTHFSSMTWTHFS 123451212 678910111234567893456789 131415161718191011121314151610111213141516 202122232425261718192021222317181920212223 2728293031242526272824252627282930 31 SMTWTHFSSMTWTHFSSMTWTHFS 12345612341 789101112135678910112 3 45678 1415161718192012 13 14151617189101112131415 212223242526271920212223242516171819202122 28293026272829303123242526272829 30 SMTWTHFSSMTWTHFSSMTWTHFS 1234561231234567 7891011121345678910891011121314 141516171819201112131415161715161718192021 212223242526271819202122232422232425262728 28293031252627282930312930 SMTWTHFSSMTWTHFSSMTWTHFS 12345121234567 67891011123456789891011121314 131415161718191011121314151615161718192021 202122232425261718192021222322232425262728 272829303124252627282930293031 League of California Cities Mayors and Council Members Executive Forum - June 19 - 21, 2019 League of California Cities Annual Conference - October 16 - 18, 2019 JANUARYFEBRUARY City Council Meetings Budget Departmental Workshop MARCH 3:30 Closed Session 5:15 p.m. Public Session Budget Hearing 06/05, Budget Adoption 6/28 OCTOBERNOVEMBERDECEMBER APRILMAYJUNE JULYAUGUSTSEPTEMBER Documents Presented At The Legislative and Litigation Committee March 18, 2019 Meeting ANIMAL CONTROL UPDATE AND BREEDER PERMIT DISCUSSION LEGISLATIVE AND LITIGATION COMMITTEE MARCH 18, 2019 Current Referral Information January 9, 2019 City Council Meeting Public Comments: -8 speakers under Public Statements. -Requested City review and consider development of “breeding regulations.” -Regulate breeding in the City by adopting a “breeding permit ordinance.” Referred to Legislative and Litigation Committee by Vice Mayor Parlier. Councilmember Gonzales and Rivera also commented and supported the referral. 2 Animal Control Division of BPD Assistant Police Chief Evan Demestihas Captain Jason Matson Field Services 3 CBACC (1) Animal Control Sup. (1) Sr. ACO (4) ACO (3) Clerks (2-4) Temp ACO •11,000 – 15,000 CFS per Year. •Respond to various Call types. Operational Partnership: SPCA Homeless Center City •Intake and Care of Stray and Unwanted Animals. •RTO/Adoption/Rescue. City of Bakersfield Animal Care Center 9532 10346 9314 8487 7875 7224 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 11000 Oct. 13 - Sep. 14 Oct. 14 - Sep. 15 Oct. 15 - Sep. 16 Oct. 16 - Sep. 17 Oct. 17 - Sep. 18 Projection Asilomar Adjusted Total Intake 4 City of Bakersfield Animal Care Center 29.04% 38.68% 55.93% 63.37% 67.44% 77.60% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00% Oct. 13 - Sep. 14 Oct. 14 - Sep. 15 Oct. 15 - Sep. 16 Oct. 16 - Sep. 17 Oct. 17 - Sep. 18 Projection Live Release Rate 5 Proactive Efforts  Regular Clinics (licensing; vaccinations; microchipping; S/N vouchers): -Weekly at CBACC (every Friday morning) -Periodically at City Parks and special events Spay/Neuter Voucher Program: -Started in 2014-15 FY -Partnering with Critters Without Litters -$40,000 annually = 1000 / $40 vouchers ($186,400 allocation through FY 2018-19) -$168,440 utilized to date = 4,211 animals S/N to date Temporary Tag Program: 6 Proactive Efforts  Microchipping Program: -Free for City licensed dogs -7,050 implanted at clinics since 2013 CBACC RTO Program: -Option for reduced fees if owner agrees to s/n TNR / Community Cat Diversion Program: -2,166 surgeries April 18 – Feb. 19. -CBACC and Critters Without Litters 7 Existing Animal Related BMC Laws Dog License/Vaccination Required (Dog 4 + months). Female Dogs in Heat must be kept enclosed by owner. Unlawful for owner to allow their dog to stray, run or be at large upon any public place or property other than that of the owner without permission. Unlawful to permit animal to, by any sound or cry, unreasonably disturb the peace and comfort of any neighborhood. Unlawful for any person to willfully abandon or turn loose to run at large any animal. Violations of such laws are considered misdemeanors and punishable by fine or imprisonment (not more than 90 days). Dog Kennel defined in ZC as any premise where more than 3 dogs at least 12 weeks old are harbored (only allowed in certain zones). If not permitted triggers violation of current ZC. Tax Certificate Requirement. 8 Existing Animal Related Penal Code Sec. Illegal for owner/keeper of animals to allow animals to go without care. Illegal to sell one or more dogs under the age of 8 weeks. Illegal for a person to sell, give away, or display for sale or give away animals on any public street, highway or public right of way. Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. If restricted by leash etc., it must be in a manner that prevents entanglement and injury and allow for adequate access to shelter, food and water. 9 Current Dog License Fees Altered Altered Senior Citizen Unaltered 1 - Year License $15 $5 $60 3 - Year License $30 $15 $120 10 Typical Breeder Permit Provisions  Require application for a permit prior to any breeding or after 1 litter (dog or both dog and cat). Typically on annual basis.  Provides for one or more litters per year per animal or per property.  Can include permit fee and natural license fee.  Require any advertisement of litter to include permit # (regardless of sale or give away).  Record requirements / inspection requirements / microchipping / tax certificate.  May provide for certain exemptions (age of animal, service animal, show animal etc.) 11 Example of Breeder Permit Provisions Jurisdiction Dogs/Cats Trigger Point Subject Inspection Provision Zoning Permit Cost Term Notes Kern County Both After 1 litter per year Property Yes Treated as Kennel $150- $1,000 Annual Review/Fee Commercial animal facility Stockton Both “Litter Permit” Prior to Breeding Permittee Yes N/A $118 ($123 Nat lic.) Annual Not under 12 mon. or over 7 years Turlock Both “Breeder Certificate” Prior to Breeding Pet N/A N/A $100 ($100 Nat lic.) Annual Per Dog up to 3 per household Santa Cruz Both Unaltered Animal Pet Yes N/A $350 Annual Mandatory s/n Los Angeles Both Prior to Breeding Pet N/A N/A $235 ($100 Nat lic.) Annual 12 Questions / Discussion  Presentation designed to initiate discussion at the Committee level.  Provide forum for public input on the topic.  Receive feedback from the Committee on desired next steps.  If desire is to further explore the development of a breeder permit ordinance, staff requests additional time to evaluate options and develop a draft ordinance for additional review. 13