HomeMy WebLinkAbout11/26/2012
City Council Members:
Rhonda Smiley, Assistant to the City Manager Sue Benham, Chair
Jacquie Sullivan
Rudy Salas
AGENDA SUMMARY REPORT
Regular Meeting of the
LEGISLATIVE AND LITIGATION COMMITTEE
Monday, November 26, 2012 - 12:00 p.m.
City Hall North
First Floor – Conference Room A
1600 Truxtun Avenue, Bakersfield, CA 93301
The meeting was called to order at 12:00 PM.
1. ROLL CALL
Present: Councilmember Sue Benham, Chair
Councilmember Jacquie Sullivan
Councilmember Rudy Salas
Staff Present:
Alan Tandy, City Manager Ginny Gennaro, City Attorney
Rhonda Smiley, Asst. to the City Manager Andrew Heglund, Deputy City Attorney
Steven Teglia, Asst. to the City Manager Richard Iger, Associate City Attorney
Chris Huot, Administrative Analyst Jim Eggert, Planning Director
Doug McIsaac, Community Development Director Phil Burns, Building Director
Phil Burns, Building Director
Others Present:
Jenine Snoddy, Bakersfield Citizen Antonie Boessenkool, Bakersfield Californian
Linda Snoddy, Bakersfield Citizen, Lou Enriquez, KBAK News
Erin McConkey, Bakersfield Citizen Scott Thackery, KUZZ News
Denise Netherton, Bakersfield Citizen Kimbrah Gonzalez, Bakersfield Citizen
2. ADOPT OCTOBER 22, 2012 AGENDA SUMMARY REPORT
Adopted as submitted
Legislative and Litigation Committee Meeting
Monday, November 26, 2012
Agenda Summary Report
Page 2
3. PUBLIC STATEMENTS
None
4. DEFERRED BUSINESS
A. Discussion Regarding Ownership of Chickens in Urban Residential Zones – McIsaac /
Gennaro
Community Development Director Doug McIsaac stated the practice of keeping
chickens in an urban environment brings with it the potential for adverse impacts and
incompatible conditions. There are several concerns including: a rise of complaints
associated with chickens, therefore impacting code enforcement, noise, and
sanitation. Mr. McIsaac distributed a copy of an article published in the Washington
Post on the matter titled “Backyard chicken boom produces fowl result: unwanted
roosters.” He also stated a total of 16 pieces of correspondence were received
regarding the issue; six in support and ten in opposition.
City Attorney Ginny Gennaro reviewed two proposed ordinances: Option A, to allow
City residents to keep chickens by right, and Option B, to allow City residents to keep
chickens only after receiving approval from the Planning Director. The following
regulations would apply in both ordinances: Limiting the number of chickens that can
be kept to three; requiring that the chickens be kept in the backyard in a coop or pen
with a height limit of six feet; and prohibiting the killing, dressing, or butchering of
chickens within the residential zone. The ordinance also requires the coop or pen be
constructed at least five feet from the side and rear property lines and at least 50 feet
from any dwelling used for human habitation. Additional regulations for Option B
would require a homeowner to acquire a permit from the Planning Department.
The Committee was also provided a matrix demonstrating the setback requirements
for eight cities comparable in size to Bakersfield that allow backyard chickens.
Bakersfield citizen Linda Snoddy provided the Committee various statics on produce
known to cause health and safety issues by exposure to certain diseases like
salmonella, listeria, and e coli.
Bakersfield citizen Kimbrah Gonzalez stated in response to unwanted roosters that
California State University Bakersfield conducts a raptor rehabilitation program; they
accept roosters to feed to the raptors. Ms. Gonzalez also stated the public needs to be
educated to minimize any fear and to reduce the number of individuals who do not follow
the ordinance.
Committeemember Jacquie Sullivan asked if the complaints received by Code
Enforcement originated from one particular area within the city limits.
Building Director Phil Burns stated the complaints did not come from one particular area;
they are generally throughout the city in residential (R1) zones.
Legislative and Litigation Committee Meeting
Monday, November 26, 2012
Agenda Summary Report
Page 3
Committeemember Rudy Salas asked if the setback requirement, which states a coop be
constructed at least 50 feet from any dwelling, was feasible for the majority of residences
located in a R1 zone. He also asked if the cities used for comparison in drafting the
ordinances, had specific reasons for having larger foot setbacks.
Community Development Director McIsaac stated the setback would limit the number of
residences it would be applicable to but would be feasible. City Attorney Gennaro also
clarified that the drafted ordinances would be applicable to all homes in all zones.
City Attorney Gennaro stated that, in reviewing the data, there was a correlation of
distance requirement related to the total number of chickens allowable. The more
chickens allowed, the larger distance setback requirement.
Committee chair Sue Benham stated Option B allows citizens to maintain up to three
chickens and also provides the City with enforcement protections. Ms. Benham also
thanked Ms. Gonzalez for providing the information regarding the raptor program at the
California State University Bakersfield.
Committeemember Salas made a motion to present ordinance option B to the full City
Council for consideration. The motion was unanimously approved.
5. COMMITTEE COMMENTS
Committee chair Benham thanked the City Attorney’s office for always providing legal
advice and direction and thanked all staff involved who provided help and support to
the Committee over the 12 years she served as Committee chair.
6. ADJOURNMENT The meeting adjourned at 12:40
cc: Honorable Mayor and City Council