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HomeMy WebLinkAbout04/14/2008 Zoo L "O"ftfthft S A K E R S F I E L D --V., Sue Benham, Chair Rhon a Smiley, A ant to the City Manager/ P.I.O. David Couch For: Alan Tandy, City Manager Jacquie Sullivan AGENDA SUMMARY REPORT Regular Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE MEETING Monday, April 14, 2008 — 1:00 p.m. City Manager's Conference Room —Suite 201 City Hall, 1501 Truxtun Avenue, Bakersfield, CA The meeting was called to order at 1:07 PM. 1. ROLL CALL Present: Councilmember Sue Benham; Chair Councilmember David Couch Councilmember Jacquie Sullivan Staff present: Alan Tandy, City Manager Steven Teglia, Admin Analyst III Rhonda Smiley, Assistant to the City Mgr/P.I.O. Rick Kirkwood, Management Asst. Ginny Gennaro, City Attorney Michael Richards, Associate Attorney Jefferson Billingsky, Associate Attorney Tammy Davis, Animal Control Ofcr. Donna Kunz, Economic Development Director Gary Moore, Police Sergeant Cheryl Perkins, Treasurer Others present: Dianne Hardisty, Bakersfield Californian James Geluso, Bakersfield Californian Laurie Weir, Citizen Peter Samore, KUZZ Radio Janis Claypool, Kern County Kennel Club Amity Addrisi, KBAK/KBFX Joan Payton, Bakersfield Obedience Training Club Kerri Hanson AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Monday, April 14, 2008 2. ADOPT FEBRUARY 19, 2008 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS a. Six Month Update —AB 2449/Plastic Bags — Kirkwood In July 2007, discussion stemmed from an ordinance passed in San Francisco that prohibited grocery stores and pharmacies from distributing plastic bags. Staff reported on the types of bags that stores in other cities are allowed to distribute, and the impact a ban of plastic bags would have on local retailers. Several cities, counties, and states have been considering the plastic bag issue. The legality of this ban has been challenged by a group named The Coalition to Support Plastic Bag Recycling, which consists of bag makers and recyclers. In 2007, the Los Angeles County Board of Supervisors instructed staff to investigate the issue of plastic bag consumption in the county. The study provided three alternatives for the Board to consider. After consideration, the Board of Supervisors decided to adopt a ban only if the use of bags in unincorporated Los Angeles County did not decrease at least 30% by July 2010 and at least 65% by July 2013. In February 2008, Assemblymembers Levine and Davis introduced legislation that builds upon the provisions of AB 2449. (AB 2058) - Stores not in compliance with the diversion rate requirements would be required to sell plastic carryout bags to customers for not less than fifteen cents per bag. (AB 2829) — On and after July 1, 2009, stores would be required to charge a plastic carryout bag impact fee of twenty-five cents per bag. Committee member Couch questioned the use of the bag charges. Management Assistant Rick Kirkwood stated that the charge per bag would be used towards litter prevention and clean-up programs. In reference to AB 2829, the store would be allowed to keep 3% to offset their cost for collecting the fees. A few local grocers were surveyed to determine the effectiveness of AB 2449, which requires stores larger than 10,000 sq. ft. containing a pharmacy be required to provide a recycling program. The presence of easily accessible collection bins has encouraged customers to return plastic bags, and the sales and use of reusable bags has also increased. Committee member Couch stated that a six-month follow-up is not needed. This issue will be discussed on an "as needed" basis. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Monday, April 14, 2008 b. Quarterly Update — Chester Corridor Storefront Improvement Project— Kunz Economic Development Director Donna Kunz gave a slide presentation containing pictures of professional art on various vacant buildings along Chester Avenue. These paintings are pictures of early years in the city. This has been done with the "Dressing Up Chester" project. In January 2008, the Arts Council of Kern received a grant award from PG&E for the project and the Bakersfield Redevelopment Agency contributed additional funds as well. The "Dressing Up" on these buildings is a temporary solution, with the ultimate goal being to have businesses occupy these buildings. Some have been vacant for a long time and have been very difficult to lease. Committee Chair Benham thanked Donna Kunz for following up with this project and stated that Chester Avenue looks much better with the store front paintings. 5. NEW BUSINESS a. Animal Overpopulation — Feasibility of Spay/Neuter Program —Teglia Administrative Analyst III Steven Teglia gave a report in response to Councilmember Sullivan's request regarding the issue of unwanted pets and what the City of Bakersfield and other jurisdictions are doing in response to this issue. Kern County struggles with a pet overpopulation problem. When animals are taken into the county shelters and are not adopted or given up to rescue groups, they frequently end up being euthanized. A statistical report was given on the number of animals that were impounded and euthanized in 2007, and the amount of which were from Bakersfield. The following numbers were obtained through Kern County Animal Control data. ■ 8,606 animals impounded from City of Bakersfield (28,414 County total) ■ 5,646 animals euthanized from City of Bakersfield (18,469 County total) This issue is affecting jurisdictions throughout the country. Many cities encourage the spaying/neutering of animals by offering significantly reduced license fees. State law mandates that owners of unaltered cats and dogs that are impounded pay an additional fine for redemption of their animal. This fine escalates each time this occurs. In addition, state law requires that no public animal control agency or shelter, humane society shelter or rescue group give away to a new owner any dog/cat that has not been spayed/neutered. Some jurisdictions have gone further and passed ordinances that require pet owners to spay/neuter their animal upon a specific age (usually 4 or 6 months). There are some exemptions, which usually require certification (unaltered dog license/breeders permit) for breeders, show dogs animals, working dogs, service dogs, and for health risks. Fines can be levied if found in violation of the ordinance. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Monday, April 14, 2008 LA County requires mandatory spay/neuter of dogs over age of 4 months as well as mandatory micro chipping (state law requires animal shelters to check for microchips prior to adoption or euthanization). AB 1634 (Levine) - California Healthy Pets Act was introduced in 2007 and is currently stalled in California State Senate. This bill would require sterilization of cats and dogs over the age of 6 months unless you possess an "intact permit." Passage of this bill would provide for a uniform law throughout the state. The Kern County Board of Supervisors has directed the Kern County Animal Control Commission to develop a mandatory spay/neuter ordinance by June 10, 2008. The Commission met on March 19th where the public opinion remains split on the issue. A follow-up meeting has been scheduled for April 16, 2008. Given that this process is already underway with the County, staff recommends that the City monitor the development of the County's mandatory spay/neuter ordinance. The issue of pet overpopulation in Kern County extends beyond the jurisdiction of the City and thus requires a more coordinated solution. Committee member Sullivan questioned if the City would have input on the County's ordinance and would the City be obligated to follow this ordinance. Administrative Analyst Teglia stated that once the County ordinance is established, the City Council could decide what direction the City would take. Police Sergeant Gary Moore stated that enforcing the spay/neuter ordinance would not be feasible with the current staffing levels. This would be an issue that would need to be considered. Committee Chair Benham questioned the current level of enforcement for animal licensing. Police Sergeant Moore stated that it is almost "non-existent", with only three Animal Control Officers. Committee Chair Benham requested that staff provide an analysis of the projected cost of an effective animal mandatory licensing enforcement program, and the possibility of it being a self-sustaining program. — Laurie Weir provided a handout to the committee, which detailed Kern County's mandatory licensing, and the various benefits of enforcing mandatory licensing. Licensing requires current rabies vaccination; it creates a stream of revenue for the city and county; it would increase animal returns to their owners; enforcement of mandatory licensing will encourage people to spay/neuter their animals; and those advertising puppies for sale should be required to have a current license number and a breeders permit. — Joan Payton, Bakersfield Obedience Training Club, stated that they are "anti" mandatory spay/neuter. The Training Club would love to hold free classes once every other month for owners, which could be held at the county or city. Most dogs that end up in the shelters are those that owners do not know how to train or care for. The Training Club is preparing packets for the City Council, which will show better solutions to the problem. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Monday, April 14, 2008 — Janice Claypool, Kern County Kennel Club, stated that there should be a limit on the number of newspaper ads someone can place to sell dogs. If someone is breeding dogs and trying to sell them as a business, they should be required to obtain a business license. — Kerri Hanson, Resident, stated that maybe a mandatory spay/neuter program ordinance can be set in place similar to the rabies vaccination ordinance and coordinated with the veterinarians. Committee member Sullivan stated that she is not in favor of the mandatory spay/neuter, but is very much in favor of enforcing the licensing laws that are currently on the books. She suggested that the use of temporary employees to help with a door-to-door program would be possible. The City should not wait for the County's action, but should be pro-active and work on a City solution. 6. CLOSED SESSION None 7. COMMITTEE COMMENTS Committee member Couch questioned if the Municipal Code lists certain breeds of dogs that are not legal within the city limits. City Attorney Gennaro replied that there is not such a list. Committee member Couch also asked of any laws in place for dog owners while having their pets in a public place, such as a park. City Attorney Gennaro will look into this for him. Committee Chair Benham stated that the next Legislative & Litigation Committee meeting is scheduled for Monday, June 16, 2008. 8. ADJOURNMENT The meeting adjourned at 2:03 PM. cc: Honorable Mayor and City Council