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HomeMy WebLinkAbout2009-02-04 PacketCITY OF UKIAH 1. ROLL CALL 2. PLEDGE OF ALLEGIA CE 3. PROCLA ATIONS/I TRODUCTIO S/PRESE TATIO ' S PETITIONS AND CO U ICATIO S 5. APPROVAL OF I TES a. Regular Minutes of 1/21109 6. RIGHT TO APPEAL DECISIO Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. COHSE T CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Rejection of Claim for Damages Received from Trinity Youth Service and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund b. Designate Human Resources Director as Director to the Redwood Empire Municipal Insurance Fund's (REMIF) Board of Directors and Designate the City Manager as the Alternate Director 8. AUDIENCE CO ENTS ON NO -AGE DA ITE S The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9. PUBLIC EARINGS (6:15 P ) 10. FI ISHED ESINESS a. Consideration and Possible Introduction of Ordinance Amending Sections in the City Animal Ordinance, as it Pertains to Dogs and Cats, to Use the Term "Guardian" Instead of "Owner." 11. NE USI ESS a. Discussion and Possible Appointment of Planning Commission Member b. Discussion on Possible Participation in a Call for an All-Cities Meeting in Mendocino County and Appointment of City Council Representative(s) c. Update Regarding Judicial Council of California, Administrative Office of the Courts (AOC): Status of Court Facilities Planning for Mendocino County Courthouse d. Consideration and Possible Introduction of City Sewer Ordinance Amending Sections 3798A, 3704.2 and 3706.7 and Updating References to Building and Related Codes in Sections 9277.A and J, 9278.B and 9543.A of the Ukiah City Code e. Consideration and Possible Approval of Tolling Agreement Between the City of Ukiah and Mendocino County Regarding Property Tax Administration Fees 12. CO CIL REPORTS 13. CITY A ,4GER/CITY CLERK REPORTS 14. CLOSED SESSION -Closed Session may be held at any time during the meeting a. Conference with Labor Negotiator (§54957.6) Agency Representative: Jane Chambers, City Manager Employee Organization: Electric Unit b. Conference with Real Property Negotiators ($ 54956.8); Property: RPN 001-020-09 and 11 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah/County of Mendocino Under Negotiation: Price and terms 15. ADJOUR E T Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 7:30 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 30th day of January, 2009. Linda C. Brown, City Clerk CITY OF UFCIAH 5a CITY COU CIL I UTES Regular eeting CIVIC CE TER CO CIL CA HERS 300 Seminary Avenue Ukiah, CA 95482 January 21, 2009 6:00 p.. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on January 21, 2009, the notice for which being legally noticed on January 16, 2009. Mayor Baldwin called the meeting to order at 6:01 pm. Roll was taken with the following Councilr~ea~bers present: Thomas, Crane, Rodin, and Mayor Baldwin. Councilmembers absent: Landis. Staff present: City Manager Chambers, City Attorney Rapport, Airport Manager Owen, Director of Public Works/City Engineer Eriksen, Director of Public Safety Dewey, Director of Community and General Services Sangiacomo, and Deputy City Clerk Currie. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentations: Employees of the Year 6:Q3:~~~% ~ M City Manager Chambers recognized Richard Benson with the Administrative Services Department and Don Brown with the Water/Sewer Department as Employees of the Year 2008. 4. PETITIONS AND COMI'~UNICATIONS 5. APPROVAL OF f~ll\1UTES 6:07:1 PM a. Special Minutes of 1/5109 b. Regular Minutes of 1/7/09 MIS Crane/Thornas to approve the Special Minutes of 1!5/09 as submitted and the Regular Minutes of 1/07/09 as amended correcting the committee table on page 5, Councilmembers Baldwin and Thomas are the Mobile Horne Park Committee and Councilmember Rodin would be a regular member rather than alternate on the Mendocino County Local Area Formation Commission and Councilmembers Baldwin and Thomas are the Mobile Home Park Subcommittee. Motion carried by an all AYES voice vote of the members present. 6. RIGHT TO APPEAL DECISION 6:08:37 PM 7. CONSENT CALENDAR 6:09:23 PM John Graff, a member of the public, requested items 7d, 7f, and 7g be pulled. M/S Crane/Thomas to approve the Consent Calendar items 7a-7c, and 7e: a. Report of Disbursements for the Month of December 2008 b. Rejection of Claim for Damages Received from Tom Brummett and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund CC 1/21/09 Page 1 of 6 c. Adoption of Resolution Approving City of Ukiah Qualified Contractors List for 2009 d. flfli ~~o~ ~m Cnenifinn~inn Aln (lS2_'I ')• 4~ i~hnri-tee R~ vJno~ 4monrlmont in +ho 4mn~ m~ ~ ~ MOVED to New Business 11.e e. Adoption of Resolution Approving Records Destruction f 4~ni~rrJ of RirJ fnr Di mrh~~o of O_~ _~ ('III DonnnJinn Cv~~arr~ in ~hn 4 mni m+ of Q'1 S2 e ~:^-1-tE-~i=.l., tns: MOVED to IVew Business 11.f 9~ `, +ho 7(1(l~ \1\/ir~~or_Cnrinn Donron~inr~ (~i ~irle in +ho Omni ink of ~F 7RA CJ'I ~®VED t® r New Business 11.g I~lotion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Landis. ABSTAIN: None. 8. AUDIENCE CONI~PIENTS ON NON-AGENDA ITEflilS 6:10:42 PN~ Judy Hatch, citizen, spoke on the water levels in Lake Mendocino and announced a public Russian River Flood Control District meeting at :6:00 pm on January 22, 2008, at the Alex Rorabaugh Center. John Graff, citizen, requested items be placed on a future Ukiah City Council agenda: last budget cycle list of cuts to deal with the shortfalls, review of the projects including budgets, completion dates and costs. Annie Esposito, Friends of Gibson Creek, announced a joint meeting with RELEAF February 24, 2009, at 5:15 pm located at 411 West Clay in Conference Room 5 of the Civic Center Annex to discuss Urban Canopy Protection. 9. PUBLIC HEARINGS (6:15 PI-~} a. Public Hearing and Possible Adoption of Resolution Adjusting User Fees at Ukiah Regional Airport 6:16:27 P~~~ Councilmember Crane recused himself from item 9a at 6:16 p.m. due to a potential conflict of interest. Councilrember Crane left the dais 6:16 pm Airport Manager Owen presented the item. Recommended Action: Hold a Public Hearing and after consideration of public comment, adopt Resolution adjusting user fees at the Ukiah Regional Airport. Public Hearing Opened 6:21 pm Public Speaking in opposition to the item: William (Bill) Smith, rents a hangar at the Airport, spoke to rent increases and improvements on the hangars. Public Speaking to the item: John Graff, Employers Council of Mendocino County, spoke to following state law and recommendations of the Airport _ Commission. Public Hearing Closed 6:25 p M/S Rodin/Thomas to approve the recommended action. Lotion carried by the following roll call vote: RYES: Councilmembers Thomas, Rodin, and Mayor CC 1/21/09 Page 2 of 6 Baldwin. NOES: None. ABSENT: Councilmember Landis and Crane. ABSTAIN: None. Councilmember Crane returned to the dais 6:30 pm 10. UNFINISHED BUSINESS a. Consideration and Possible Introduction of Ordinance Regulating How Mobilehome Parks and Apartment Buildings and Complexes Charge Tenants for Water and Sewer Service to a Master Meter Serving Those Facilities 6:30:43 PM City Attorney Rapport presented the item. Recommended Action: Discuss and direct City Attorney to make changes to proposed ordinance. If City Council does not want to make any changes to the ordinance, pass a motion to introduce ordinance by title only, have the Deputy City Clerk read the ordinance title, followed by a motion to introduce the ordinance. City Attorney Rapport reported the Ukiah Valley Sanitation District commented on the language used in code section 30707.1 Rates, the first sentence "The rates set forth hereafter shall be the rates for all premises connected to public sewers within or under the jurisdiction and control of the city." The District would like the word "or" to be changed to "and". This is existing language and is not part of the proposed changes.. City Attorney Rapport is not opposed making the change. Public Comment Opened 6:59 prn ~~:~9:28 PN1 Public Speaking to the item: Bill Nicolet, owner of Harold's Square (submitted his comments in writing); Chester Pielethah, Resident Manager of Harold's Square; David Vilner; Judy Hatch, Shady Grove Mobile Horne Park owner; AI McQuary, mobile home park resident; and Jean Harmon, former President of Millview Water District. Public Commeu~t Closed 7:25 prr~ By C®nsensus, City Council directed the Mobile Home Park subcommittee to work with City Attorney Rapport on the ordinance and bring it back as soon as possible. Recessed 7:46 pm Reconvened 7:53 pm 11. NEW BUS11~90=SS a. Discussion and Possible Appointment of Planning Commission Member Continued to the 2/4109 Regular Meeting CC 1/21/09 Page 3 of 6 Director of Public Safety Dewey presented the item. Recommended Action: Accept State of California 911 grant in the amount of $203,000 for the purpose of a 911 dispatch system replacement and, authorize staff to move forward with the planning, and the request for proposals (RFP) process to replace the 911 system and dispatch center infrastructure equipment using grant funds awarded by the State of California and a portion of the Dispatch Service Fund balance. Public Comment Opened 8:08 pm Public Speaking to the item: John Graff. Public Comment Closed 8:11 pm M/S Crane/Rodin to approve the recommended action. I~lotion carried by the following roll call vote: AYES: Councilmembers Thomas,` Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Landis. ABSTAIN: None. c. Award of Bid to Clark Construction to Install Security Windows in the Amount of $12,560.00 Plus Applicable Sales Tax, and Authorize Budget Amendment for Same 8:11:50 1~1V1 Director of Public Safety Dewey presented the item. Recommended Action: Authorize the purchase of the security glass and installation from Clark Construction using funds from the Internal Dispatch Service Fund balance in the amount of $12,560.00 plus applicable sales taxes, and authorize budget amendment for the same. M/S Crane/Thomas to approve the recommended action. iVlotion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Landis. ABSTAIN: None. e. Approval of Notice of Completion for the HVAC Replacement -Grace Hudson Museurn, Specification lilo. 08-12; Authorize Budget Amendment in tFae Arv~ou~t ®f $4,637.14 for Project Related Change Orders (was item 7d) ~:14:U1 ~~-~ Recommended Action: 1. Accept the work as complete, 2. Authorize budget amendment and, 3. Direct the City Clerk to file the Notice of Completion with the County Recorder for the HVAC Replacement - Grace Hudson Museum, Specification No. 08-12. Award of Bid for Purchase of 9-1-1 Call Recording System in the Amount of $18, 696.41 to J.E.I., Inc. (was item 7f) Recommended Action: Staff recommends that J.E.I., Inc. be awarded the bid for the 9-1-1 call recording system in the amount of $18,696.41. g. Report to the City Council Regarding the Purchase of Services for the Printing of the 2009 Winter-Spring Recreation Guide in the Amount of $5,764.91(was item 7g) CC 1/21/09 Page 4 of 6 Recommended Action: Receive report regarding the purchase of services from Wesco Graphics for the print production of the 2009 City of Ukiah Winter-Spring Recreation Guide in the amount of $5,764.91. Public Comment Opened 8:14 p Public Speaking to the item: John Graff, citizen. Public Comment Closed 8:16 pm Nl/S Crane/Rodin to approve the recommended actions for 11e, 11f, and 11g. Lotion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Landis. ABSTAIN: None. d. Infrastructure Stimulus Package and Possible l~kiah Projects 8:21:02 PM City Manager Chambers, Interim Water/Sewer Operations Superintendent Burck, and Director of Public Works/City Engineer` Eriksen presented the item. Recommended Action: receive verbal report regarding the Federal Government's proposed Economic Recovery Package which is expected to take effect in mid February 2009 which provides funding for infrastructure projects. City Manager Chambers informed City Council a work session on this topic will be scheduled. Public Comment Opened 8:32 pow 8:32:4b PM Public Speaking to the item: John Graff, citizen. Public Comment Closed 8:34 pow By Consensus, City Council received the report. 12. COUNCIL REP®RTS~:35:20 PM Councilmember Thomas reported there was insufficient time for what was intended to be accomplished this year in observance of Martin Luther King Day as the mission was taken on too late and that he and Councilmember Landis will plan to deepen and broaden the City's observation of Martin Luther King Day in 2010. Councilmember Rodin reported on her planned attendance to a North Coast Railroad Authority (NCRA) meeting to be held 1122!09 which will cover an agreement that has been signed between NCRA and Northwestern Pacific Railroad Company concerning the Ukiah Depot property surplus and will report back to Council. Councilmember Baldwin reported that the Inland Water and Power Commission remains concerned with the amount of local funding for the Coyote Dam Study being done by the Army Corp of Engineers; this will be coming before City Council on a future agenda. The Russian River Flood Control District meeting is at 6:00 pm on January 22, 2008, at the Alex Rorabaugh Center. Councilmember Baldwin also reported he has asked staff how questions can be asked about the Monthly Report of Disbursements without demanding a significant amount of staff time. CC 1/21/09 Page 5 of 6 13. CITY MANAGER/CITY CLERK REPORTS a. Ft Bragg All Cities Meeting x:40:21 PM Will be added to the February 4, 2009, meeting. Recess as City Council and convene as Ukiah Redevelopment Agency at 8:41 pm. Reconvened as City Council and recessed to Closed Session for the Ukiah Redevelopment Agency and City Council at 9:49 pm. 14. CLOSED SESSION -Closed Session may be held at any time during the meeting a. Conference with Labor Negotiator (§54957.6) Agency Representative: Jane Chambers, City Manager Employee Organization: Electric Unit Reconvened in Open Session with no reportable action at 10:35 pm. 15. ADJOURNMENT There being no further business, the meeting adjourned at 10:35 pm. JoAnne M. Currie, Deputy City Clerk CC 1/21/09 Page 6 of 6 ;~--' ,~ t ~-r '- F + J r ~, 1. ,~, ITE O.: 7a MEETING ®ATE: February 4, 2009 SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FRONT TRINITY YOUTH SERVICE AND REFERRAL TO JOINT POWERS AUTHORITY, REDV~/OOD EMPIRE MUNICIPAL INSURANCE FUND Background: A claim from Trinity Youth Services was received by the City of Ukiah on January 8, 2009 requesting damages incurred to air and heating units when a squirrel shorted electrical lines on December 23, 2008. Discussion: Pursuant to City policy, it is recommended the City Council reject this claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required Recommended Action(s): Reject claim for damages received from Trinity Youth Service and refer it to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. Alternative Council Option(s): Alternative action not advised by the City's Risk Manager. Citizens advised: Yes Requested by: Claimants Prepared by: Sue Goodrick, Risk ManagerlBudget Officer Coordinated with: Jane Chambers, City Manager Attachments: 1 -Claim of Trinity Youth Service, pages 1 - 3 L~ /' ~a, Approved: ~ ~>~~ ~~~,~~ Jan~Chambers, City Manager RESERVE FOR FILING STAMP CLAIM NO. ~~~~o~~~ JAN 0 8 2009 A claim must be presented, as prescribed by the Government Code of the State of Californ acting on his/her behalf and shall show the following: on If additional space is needed to provide your information, please attach sheets, identifying the paragraphs} being answered. Name and Post Office address of the Claimant: Name of Claimant: ~ r ~,,~/ 1 ~~.~~" ..~~li','~° Post Office Address: ~l~ ~~,~,~,r.,~ ~ 2. Post Office address to which the person presenting the claim desires notices to be sent: Name of Addressee: Telephone: Post Office Address: ~y t ~ ~- ~ _~ 3. The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. Date of Occurrence: j ~_~~.- ~~ Time of Occurrence: ~Ua~, ~.~~' Location: ~~~ S'7' z3'~~8~ ~~r+/ ~v.~c~i~/'s7"~ t~i'-~~~C~ ~/~'~`" Circumstances giving rise to this claim: 4~i/Irj~;f'L .Sd~c~~7-,~„~~ i ~~~~i~.~~' ~f~/~, s c~~~` 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of the presentation of the claim. t C ~ ~ _ C.e. 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. -.1o~1~~ao ~.r~r~.•-~ Page 1 of 3 Revised 12/2006 6. If amount claimed totals less than $10,000: The amount claimed if it totals less than ten thousand, dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of ,.:..computa#ion of-the-~arraount claimed. I (1 Amount Claimed anflt2asis for computation: If amount ctamed~exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86. ) Limited Civil Case ~ Unlimited Civil Case You are required to provide the information requested above, plus your signature on page 3 of this form, in order to comply with Government Code §910. In addition, in order to conduct a timely investigation and possible resolution of your claim, the city requests that you answer the following questions. 7. Claimant(s) Date(s) of Birth: 8. Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted: 9. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: -~ ~ I°I_. if applicable, please attach any medical bills or reports or similar documents supporting your claim. 10. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: ~ ~ Telephone: -""' Address: Insurance Policy No.: Insurance Broker/Agent: ~ ~~ Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: if applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 3 Revised 12/2006 READ C. For all accident claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If !Agency Vehicle was involved, designate by letter "A" location of /Agency Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw AREFULLY /Agency Vehicle; location of /Agency vehicle at time of accident by "A-1" acrd location of yourself or your vehicle at the time of the accident by "B-1"and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. ~/ CURB %/ ~\ V L ~ j~~ ~~~ nor SIDEWALK r ~'C~'~y ~~ ~ ~--~ i~:. CURB ~ Warning: Presentation of a false claim with the intent to defraud is a felony (Penal Code §72). Pursuant to CCP §1038, the /Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Date: Page 3 of 3 Revised 12/2006 ITEM NO: MEETING DATE: February 4, 2009 AGE A S ARY REP®R __ SUBJECT: DESIGNATE HUMAN RESOURCES DIRECTOR AS DIRECTOR TO THE REDWOOD EMPIRE MUNICIPAL INSURANCE FUND'S (REMIF) BOARD OF DIRECTORS AND DESIGNATE THE CITY MANAGER AS THE ALTERNATE DIRECTOR -- SUMMARY: The Risk Manager/Budget Officer is currently designated as the Director, representing the City of Ukiah, on the Redwood Empire Municipal Insurance Funds' (REMIF) Board of Directors. With the resignation of the Risk Manager/Budget Officer, it is recommended the Human Resources Director be designated as the REMIF Boardmember acting on behalf of the City of Ukiah. The Human Resources Director has attended REMIF Board meetings on a regular basis. In her capacity as Human Resources Director for the City, she is most familiar and knowledgeable with issues and processes addressed by the Board of Directors. The City Manager is recommending Council appoint the Human Resources Director as the REMIF Board Director and herself as the alternate. It is anticipated that an informational email will be sent to each of the Council members summarizing the activities and action taken after each quarterly Board meeting. Policy issues facing the REMIF Board of Directors will be brought to the Council prior to any Board action to ensure Council's wishes are known and relayed to the REMIF Board. __ RECOMMENDED ACTION: Designate the Human Resources Director as Director to the Redwood Empire Municipal Insurance Fund's (REMIF) Board of Directors and designate the City Manager as the Alternate Director. ALTERNATIVE COUNCIL OPTIONS: Provide other direction. Requested by: Jane Chambers, City Manager Prepared by: Sue Goodrick, Risk ManagerlBudget Officer Coordinated with: Jane Chambers, City Manager; Melody Harris, Human Resources Director Approved: ~, ,~ ~.~~ _ --- Jane Chambers, City Manager 7b ~'` l0a February 4, 2009 SUBJECT: CONSIDERATION AND POSSIBLE INTRODUCTION OF ORDINANCE AMENDING SECTIONS IN THE CITY ANIMAL ORDINANCE, AS IT PERTAINS TO DOGS AND CATS, TO USE THE TERM "GUARDIAN" INSTEAD OF "OWNER." Summary: The City Council requested the City Attorney to prepare an ordinance that uses the term "guardian" in place of the term "owner" in those sections of the City's Animal Control Ordinance that pertain to dogs and cats. (Division 5, Chapter 1, Articles 5-9 of the Ukiah City Code, commencing with Section 4151.) The attached proposed ordinance makes these changes. (Attachment 1.) In Section 4152, which contains the definitions of certain words or phrases used in Chapter 1, the proposed amendment would add a definition of the term "guardian," which reads as follows: "The term "guardian," as used in this Chapter, means "owner" as defined this Section 4152 and has no other meaning." The amendments to the remaining sections replace the word "owner" formerly used in those sections with the term "guardian." A redlined version of the ordinance is attached as Attachment 2 to aid the City Council in locating these changes. No other changes to the existing code sections are proposed. The term owner is not replaced with the term guardian in code sections that reference animals generally or other species than dogs and cats. Since the City Council received the request to make these changes to the City Code, the City has received numerous written and oral comments on this proposed change. Most of those comments are concerned that the term "guardian," as used in state statutes and court decisions, has a very different meaning than the term "owner." These comments are concerned that if the owner of an animal were held to the standard of a guardian, as defined in state statute and common usage, that could result in numerous limitations on animal Continued on Paae 2 Recommended Action: Consider whether to introduce the proposed ordinance. If the City Council decides to make the amendments, it should pass a motion to introduce the ordinance by title only, request the Deputy City Clerk to read the ordinance title, and, then, pass a motion to introduce the ordinance. If the ordinance is introduced, it will be brought back for adoption at the next City Council meeting. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: City Council Prepared by: David J. Rapport, City Attorney Coordinated with: Jane Chambers, City Manager Attachments: Attachment 1 -Proposed Ordinance Attachment 2 -Redlined version of orooosed ordinance ~ // Approved: / ~ ~; ate" Ja Chambers, City Manager Subject: Consideration and possible introduction of ordinance Meeting Date: 2/4 /2009 Page 2 of 2 owners that do not currently exist. They are concerned that these limitations could prevent owners from using animals for commercial purposes and could result in other complications and potential litigation. The proposed amendments attempt to avoid these possibilities by carefully defining guardian to mean only owner as owner is defined in the City Code. As such, from a legal standpoint, the amendment is not necessary or useful. However, if the City Council elects to make these changes for other reasons, in my opinion, with respect to the administration and enforcement of the Ukiah Animal Control Ordinance, the proposed amendments should not result in the confusion and other consequences described in the referenced letters and comments to the City Council. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ® Not Applicable ~ Budget Amendment Required ATTACHMENT t ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 4152, 4153, 4155, 4160, 4161, 4171, 4182, 4184, 4186, and 4187 OF THE UKIAH CITY CODE, PERTAINING TO DOGS AND CATS, TO USE THE WORD "GUARDIAN" INSTEAD OF "OWNER" IN THOSE SECTIONS. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Sections 4152, 4153, 4155, 4160, 4161, 4171, 4182, 4184, 4186, and 4187 in Division 5, Chapter 1 of the Ukiah City Code are hereby amended to read as follows: 4152: DEFINITIONS: Unless the context otherwise requires, the following terms shall have the following meanings when those terms are used in this Chapter. ANIMAL. Any wild or domestic animal, fowl, reptile, fish and non-human animals. ANIMAL CONTROL, DIVISION OF ANIMAL CONTROL/ANIMAL CONTROL RUTHORITY. That department or division of the City government and/or contracting agency which is specifically charged with the regulation of and enforcement of laws relating to animals within the jurisdiction of the City. ANIMAL CONTROL OFFICER. Any person duly appointed by the Agricultural Commissioner, the City Council, or a Humane Society pursuant to Civil Code section 607f, if that society has contracted with the City to enforce this Chapter within the City limits. ANIMAL ESTABLISHMENT. Any pet shop, grooming shop, auction, performing animal exhibition, kennel, animal shelter operated by other than a government agency, or Humane Society for the purposes specified in this ordinance. ANIMAL SHELTER. Any facility operated by a local governmental agency, contracting agency or Humane Society for the purposes specified in this ordinance. ANIMAL EXHIBITION. Any display containing one or more live domesticated wild or exotic animals which are exposed to public view for entertainment, instruction or advertisement. AT LARGE. Any animal, excepting a working animal, shall be deemed to be at large when off the premises of the guardian and not under restraint by leash or physical control of its guardian. BOARDING KENNEL. A commercially operated establishment for the care and keeping of dogs and cats, other than those belonging to the operator. CAT. Any member of the domestic feline species. CITY. The City of Ukiah and when the context so indicates, City employees or contractors designated to carry out the provisions of this Chapter. COUNTY. The County of Mendocino. CONTRACT AGENCY. Any entity, including a Humane Society, which has entered into a contract with the City Council for the regulation and control of animals within the City and the duly designated officers of said contract shall have the authority to enforce the terms of this ordinance, including the authority to issue citations, in all areas covered by said contract. COUNTY VETERINARIAN. Through a recommendation by the County Health Officer, shall be annually appointed by the County Board of Supervisors. He serves with or without compensation in the furtherance of the program of vaccination of dogs and cats against rabies. DANGEROUS ANIMALS. Any animal which, because of its disposition or other characteristic would constitute a danger to persons or property, but this definition does not include domestic dogs or cats. DOG. Any member of the domestic canine species. DOMESTIC ANIMAL. Any animal, other than wild or exotic animals, customarily confined or cultivated by man for domestic or commercial purposes. ESTRAY. The act of any animal to wander or roam at large. EXOTIC ANIMAL. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes. FERRAL DOG. A dog, escaped from domestication, running free and becoming wild. GUARD DOG. A dog trained specially for the protection of personal, commercial or private property and registered as a recognized guard dog with the local governing body. GUARDIAN. The term "guardian," as used in this Chapter, means "owner" as defined in this Section 4152 and has no other meaning. GUIDE DOG. A dog that physically assists a person who has a physical disability. GROOMING SHOP/PARLOR. A commercial establishment where animals are bathed, clipped, plucked, or otherwise conditioned. 2 HEALTH DEPARTMENT. The Health Officer or authorized agents of the County Health Officer or City Health Officer. INFRACTION. Public offense as defined by Penal Code section 16. IMPOUNDMENT. Any taking custody of, taking up, or confining of any animals} by the Animal Control authority. COMMERCIAL KENNEL. Any place where five (5) or more dogs or cats are kept for commercial purposes, including a commercial kennel, pet grooming shop/parlor, commercial dog breeding business, boarding kennel, commercial or nonprofit dog adoption agency, or pet shop; provided, however, that a commercial kennel shall not include a licensed veterinary hospital or licensed agricultural kennel. NONCOMMERCIAL RESIDENTIAL KENNEL. A place where five (5) or more dogs are kept, harbored, or confined for other than commercial purposes. Each dog in this type of kennel is subject to the regular dog license fee and is subject to compliance with certain kennel provisions of ^4161. CERTIFIED AGRICULTURAL KENNEL. Any place where five (5) or more dogs used solely for the herding or protection of farm animals or hunting dogs are actually kept, and the applicant signs a statement verifying proof of that status when applying for the certified agricultural license. KITTEN. Any member of the domestic feline species under four (4) months of age. LEASH. Any rope, leather strap, chain or other material not exceeding six feet (6') in length being held in the hand of the person capable of controlling and actually controlling the animal to which it is attached. LICENSE. Refers to the license issued for the specified licensing period within City with all fees being paid as evidenced by a valid receipt. LIVESTOCK. Includes all domesticated bovine, equine, caprine, ovine, swine, avian, poultry, and rodent species. NUISANCE. Without limitation, any animal shall be considered a nuisance if it damages, soils, defiles, or defecates on private property other than the owner's, or public property; causes a disturbance by excessive barking or other noise making; or molests, attacks, or interFeres with persons or passers-by on public property and property not that of the animal's owner; or attacks, worries, or molests or kills other animals or repeatedly chases passing vehicles on public highways or streets. OWNER. Any person who is the keeper, harborer, possessor, or custodian, or who has control of an animal, or legal owner of any animal. Any occupant of premises upon which an animal is found shall be deemed prima facie the owner of said animal for the purposes of this 3 Chapter. In addition, it shall be evidence of ownership of any animal for any person to refuse to present that animal to an Animal Control Officer for inspection or to refuse to permit such Officer to impound any animal on the premises of such person, when said animal is found in violation of the provisions of this Chapter. PHYSICAL CONTROL. Confined or restrained by a chain, rope, or leash. PET SHOP. An establishment operated by any person, firm, or corporation, where live animals are kept for wholesale or retail sale, barter, or hire. PROTECTIVE CUSTODY HOLD. Is a hold placed on any animal or dog which the animal enforcement authority determines should extend beyond seventy two (72) hours, excluding Saturday, Sunday and holidays. PUPPY. Any member of the domestic canine species under the age of four (4) months. QUARANTINE. The act of strict isolation and confinement of any animal to prevent the exposure to and the spread of a contagious disease or to prevent the animal from injury to any person or other animal. STRAY. Any animal that is at large without an identification tag, license tag, rabies tag, brand, tattoo, or any apparent identification that would identify the true ownership of said animal, or an animal that may be lost or abandoned with or without such means of identification. UNCONTROLLED. Any animal at large. UNLICENSED. That the licensing fee has not been paid for the current licensing period in the City. VACCINATION. A rabies vaccination of a dog or cat with a vaccine approved by and in the manner prescribed by the State Department of Public Health. VETERINARIAN. A person licensed to practice veterinary medicine in the State of California. VICIOUS ANIMAL. Any animal which has bitten a person or animal without provocation, or attacks, bites, harasses, scratches, or which has a disposition or propensity to attack, bite, harass or scratch any person or animal, or constitutes a physical threat to human beings or other animals. WILD ANIMAL. Any animal not actually confined or cultivated by man. WORKING ANIMAL. Animals under the control of humans used for the movement of livestock, fowl, tracing, obedience show, or in the taking of wild animals or wild fowls during the season established by law or in field trials. 4 4153: DOGS: It shall be unlawful and an infraction for any person who owns, harbors or keeps any dog: A. To permit or cause such dog to run at large, roam or run estray; to fail to keep the dog under physical control when the dog is upon any public property or private property without the express permission of the owner or the custodian of such property. Dogs permitted on public property must be on a leash not exceeding six feet (6') in length. B. To permit the dogs to defecate upon public property, including but not limited to, any public sidewalk or public area commonly occupied or traversed on foot by members of the public, unless the person immediately removes the feces and properly disposes of it. Visually handicapped persons who use guide dogs are exempt from this law. C. To permit any dog to be unlicensed. D. To permit any dog to remain unrestrained without an appropriate fence, chain, leash, or enclosure. E. To permit or take any dog into a restaurant, grocery store, meat market, supermarket, fruit store or any place where food is sold, dispensed or served to members of the public. Exempted from this law are guide dogs under the immediate and effective control of their guardians. F. To permit any dog, known to be vicious and/or at large, to be kept on any private property in such a manner as to endanger the safety of any person lawfully entering such premises. In addition, a sign must be posted in a conspicuous place at or near the entrance to the premises with lettering at least two inches (2") In height and width reading: "BEWARE OF VICIOUS DOG" 4155: NUISANCE: It shall be unlawful and an infraction to permit dogs, cats or other animals to engage in any conduct which would constitute a public nuisance. When Animal Control receives a complaint regarding a dog or animal which presents a physical menace to the safety or the neighborhood and, upon receiving a written complaint(s) from one or more persons residing or working in the surrounding neighborhood who complains that any dog, cat or other animal is a habitual nuisance so as to disturb the peace and quiet of the surrounding neighborhood, or by reason of its actions causes undue annoyance, or whose habitual barking, howling or other sound, cry, or habitual excessive loud and shrill noises interferes with any person of ordinary sensitivity in the reasonable and comfortable enjoyment of life and property, the City will investigate the complaint, and if such condition is found to exist, an order to conform may be issued requiring said guardian or custodian of the dog, cat or other animal to abate such nuisance immediately. Failure to comply with the notice to abate such nuisance in compliance with the specific requirements contained in the notice shall be deemed a violation of this Section and subject the violator to such penalties and fines as are set forth in this Chapter, and may subject the animal to impoundment. The aggrieved animal guardian may file a written appeal of such order of abatement or an impoundment of said animal in the form of a written "Notice of Appeal" with Animal Control. The appeal hearing will be conducted pursuant to procedures set forth in §4185. 4160: DOG LICENSES: A. General Requirements: 1. Guardians of dogs four (4) months or alder shall at all times have a valid City dog license for each dog in their possession and must license their dogs within ten (10) days of the dog coming into their possession or within ten (10} days after the dog reaches four (4) months of age. Licenses are valid for a period of one year beginning on the first day of the month in which they are first issued and ending the first day of that same month in each following year. If a license is sought more than ten (10) days after the dog turns four (4) months of age or first comes into the guardian's possession the license shall be effective for a period of one year on the first day of the month in which a license was first required. Evidence of spaying or neutering when required shall be furnished by the guardian and shall consist of certification from a licensed veterinarian. Any guardian of the same dog so licensed may transfer a valid license and registration to another person upon payment of the transfer fee. 2. No license or tag of any type shall be issued pursuant to this Chapter for any dog until a valid certificate of rabies vaccination is presented to City Finance Department for each dog to be licensed. 3. A current valid dog license tag bearing the month and year in which it was issued shall be securely affixed to the dog's collar, harness or device and shall be worn at all times by said dog for whom the license registration is issued. 4. A reduced license fee shall be charged for all dogs that are spayed or neutered according to a fee schedule set by resolution of the City Council. 5. Any disabled person using a dog as a recognized guide dog shall be issued a license without charge upon proof of a valid rabies vaccination. 6. A dog awned and used exclusively for law enforcement purposes by a public agency requires a valid rabies vaccination and a dog license. The license requested shall be issued without charge upon documentary proof that such dog is certified for law enforcement activities only. B. License Forms and Tags: The City Finance Department or Division of Animal Control shall provide forms for the licenses required herein. Such licenses when completed, shall state 6 the age, sex, color, and breed of the dog for which a license is requested and the name and address of the guardian thereof. The City Finance Department or a Division of Animal Control shall maintain on file in its office far public inspection copies of all licenses issued pursuant to this Chapter. Upon completion of the license form by the applicant, payment of the fees required, and presentation of a valid certificate of rabies vaccination as required herein, the City Finance Department or a Division of Animal Control shall issue the necessary license tags which shall be of a durable material and bear the name "City of Ukiah", the month and year of issuance, and the number of the license tag. C. Notice to Public: The City shall annually between May 15 and June 15 of each year, cause to be published at least once in a newspaper of general circulation, a notice addressed to all persons who own or harbor dogs. Said notice shall state the amount of the license fee, the date payable, and the penalty for failure to pay within the time prescribed by this Chapter. Thirty (30) days before the expiration date the City Finance Department or Division of Animal Control shall send a renewal notice to each guardian of a licensed dog as shown on the City's records. Failure to publish or send such notices shall not relieve any dog guardian of the obligation to comply with any provisions of this Chapter. The Finance Department or Division of Animal Control is also authorized to require businesses which sell pet food or pet supplies to permit the posting of a notice next to such items reminding pet guardians to comply with City licensing regulations, rabies vaccination requirements and City animal control laws. These notices will be supplied and posted by the City. D. Late Procurement and Penalty: Any guardian failing to obtain and pay for a nonprorated license or licenses under the provisions of this Chapter by the thirtieth day of the month in which the license was originally Issued ("the renewal date") shall, in addition to the license fee, pay a penalty for each dog. Dog guardians who are cited far not having obtained the required license(s) for their dog(s) as required by this Chapter shall obtain a license and will be charged the additional delinquent penalty fee. Any license after the renewal date will be effective for one year from date on which the license originally expired. E. Nonresidents: Provisions of §4160 A through G, shall not apply to nonresident guardians of dogs who are temporarily within the City with their dogs for thirty (30) days or less, nor to dog guardians whose dogs are brought into the City to participate in any dog show, field trial, or tracking activity, providing said dogs have a current valid dog license and rabies vaccination from a city or county or state of origin. The dog license must be attached pursuant to §4160 A. F. Imported Dogs: Any dog guardian not falling within the exemption of §4160 E above, bringing a dog(s) into the City from out of State or out of the City after July 1, shall within ten (10) days, excluding Saturdays, Sundays, and holidays, upon presentation of a valid rabies vaccination certificate, obtain the license(s) for the ensuing fiscal year. Guardians of any such aforementioned dogs brought into the City before July 1 of the existing fiscal year, shall obtain the required nonprorated license for that fiscal year. Said license shall expire on July 1, and said dog guardian shall be subject to normal license renewal. 7 The additional penalty provided for nonpayment of license fees on or prior to June 30 in any year shall not apply to the said guardian of a dog or dogs who brings such out of City dog or dogs into the City after June 30 of any year, providing such guardian shall within ten (10) days (excluding holidays, Saturdays and Sundays) after bringing each dog or dogs into said City, procure a license or licenses for such dog or dogs, and it is hereby made the duty of such guardians to secure said license or licenses within said ten (10) day period. G. Lost Tags: In the event a license tag issued to a dog be lost or destroyed, the guardian shall within ten (10) days thereafter procure a new duplicate license tag for a fee, and if said guardian shall fail to secure a duplicate license within ten (10) days (excluding Saturdays, Sundays and holidays) from the loss of said tags, said guardian or guardians shall be subject to a delinquent penalty fee, as well as the duplicate tag fee as set forth by resolution by the City Council of the City. H. Prohibitions: 1. It is further provided that any person who secures a dog license, or any type of dog kennel license, or dangerous animal permit at any time by means of fraud or misrepresentation shall be guilty of a misdemeanor. 2. Any person who owns or harbors or keeps any dog and fails, neglects or refuses to attach and keep a valid current license tag affixed to said dog in the manner prescribed by this ordinance and State law is guilty of an infraction. Such unlawful conduct may also result in the impoundment of the dog. 3. No person shall and it shall constitute an infraction to remove a dog license tag from any dog without the consent of the guardian thereof, except in cases of emergency. 4. It is unlawful and an infraction for any person to place a dog license tag on any dog for which the tag was not issued or place an imitation or false dog license tag on any dog. 5. It shall constitute an infraction for any person to fail or refuse to show to the Animal Control Officer or peace officer the dog license tag or license certificate or rabies certificate for any dog upon request. 6. It is unlawful and a misdemeanor to possess, own, keep or harbor any unlicensed dog or to maintain, conduct, or cause to be operated any unlicensed kennel, grooming shop/parlor, pet shop, commercial kennel and profit or nonprofit dog adoption agency. I. Disposition of Funds: All fees collected for the issuance of dog licenses and tags and all fines collected pursuant to this Chapter shall be paid into the City treasury and shall be used as required, in Food and Agriculture Code section 30652, as it now reads or may be hereafter amended. §§4160, requiring dog licenses, 4161, requiring kennel licenses, 4162, requiring licenses for dangerous animals, and §4163, prescribing rules for denial, cancellation or revocation of licenses shall not become effective until the City Council adopts a resolution declaring those. sections effective in the City. Until said resolution is adopted by the City Council and published as provided in Government Code section 6061, the provisions of Mendocino County Code, chapter 10.12, including section 10.12.010, requiring dog licenses, section 10.12.020, requiring kennel licenses, section 10.12.30, requiring licenses for dangerous animals and section 10.12.040, prescribing rules for cancellation, denial or revocation of licenses, shall continue to apply in the City. Until said resolution is adopted and published as provided herein, persons who own or possess dogs or dangerous animals and kennel owners and operators shall continue to apply to Mendocino County for required licenses and permits as provided in Mendocino County Code, chapter 10.12. 4161: KENNEL LICENSES: No person shall conduct a commercial kennel without a current commercial kennel license, in addition to a City business license, issued by the Finance Department. No person(s) shall be issued a certified agricultural kennel license without verifying to the fact that their dogs (5 or more} are solely used for the purpose of herding or protection of farm animals, or hunting, and further agrees that these dogs are not to be sold or traded for commercial purposes. Applicants will be required to complete a signed statement attesting to the validity of the information as being true and correct. Such kennel license must be obtained before July 1st. Persons failing to obtain the license by June 30 shall pay double the fee. Licenses shall be valid for a period of one year extending from July 1 st through June 30th of the following year. The fee schedule for this type license is set by resolution of the City Council. Exempt from the double fee penalty provisions are premises where dogs are kept, harbored or maintained for the sole purpose of raising, training, and providing guide dogs to the blind, deaf or other physically disabled persons. A nonprofit dog adoption agency will likewise be exempt from this penalty. However, a special fee-exempt commercial kennel license is provided for and required for such nonprofit adoption agencies as well as those persons raising and selling dogs for the physically disabled. All dogs shall be currently Individually licensed in accordance with the provisions of Article 7 of this Chapter. The Finance Department shall issue to such owner without additional charge individual license tags for each of the dogs covered by the kennel license and, during the term of that license, shall upon written application, issue to such owner without charge additional license tags for any additional dogs that come into the possession of the owner within that license year. 9 A. Application for License: The application for above-mentioned licenses shall be in writing on a form approved by the Finance Department. The applicant shall furnish a list of the types of animals to be maintained or used for any purpose, together with the approximate number of animals of each type. B. Regulations and Standards: The City Council may establish by resolution regulations and standards relating to: 1. The maximum number and species of animals to be kept or maintained on the premises; 2. The construction, sanitation and maintenance of the facility; 3. Any other regulations and standards in conformity with and for the purposes of carrying out the intent of this Section. Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any license provided pursuant to this Section. The licensee shall maintain a record of the names and addresses of persons from whom animals are received and to whom the animals are sold, traded or given. This shall be available to the City upon request. C. Inspection: The City shall have the authority to inspect any facility for which a noncommercial residential kennel or commercial kennel license is to be issued or renewed for the purpose of determining inhumane treatment of animals and/or violations of State and local health and sanitation laws. D. Conditions Relating to Animal Facilities and Care: 1. Structural Strength: Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals. 2. All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require. 3. All animals shall be maintained in a clean and sanitary condition. 4. All animals shall be so maintained as to eliminate excessive and nighttime noise. 5. No animals shall be without attention more than eighteen (18) consecutive hours. Whenever an animal is left unattended at a commercial animal facility, the telephone number of Animal Control or the name, address and telephone number of the person in charge of the facility shall be posted in a conspicuous place at the front of the property. 10 6. Every reasonable precaution shall be used to insure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means. 7. No condition shall be maintained or permitted that is or could be injurious to the animals. 8. Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public. 9. Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals. 10. Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling are to be provided as may be required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation. 11. Licensees shall take any animals to a veterinarian for examination or treatment if Animal Control or other enforcement agencies finds this necessary in order to maintain the health of the animal and orders the owner or custodian to do so. 12. All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals. 13. Every violation of an applicable regulation shall be corrected when specified by Animal Control or other enforcement agencies. 14. Licensees shall provide proper shelter and protection from the weather at all times. 15. Licensees shall not give any animal any alcoholic beverage, unless prescribed by a veterinarian. 16. Licensees shall not allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together or so near each other as to cause injury, or torment. If two (2) or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others, such animals shall not be deemed to be natural enemies. 17. Licensees shall not allow the use of any equipment, device, substance or material that is injurious or causes pain or cruelty to any animal. 11 18. Licensees shall give working animals proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions. 19. Licensees shall not work, use, or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame, or otherwise unfit. 20. Licensees shall not display animals bearing evidence of malnutrition, ill health, unhealed injury, or having been kept in an unsanitary condition. 21. Licensees shall not display any animal whose appearance is or may be offensive or contrary to public decency. 22. Licensees shall not allow any animal to constitute or cause a hazard or be a menace to the health, peace or safety of the community. E. Nothing contained in this Section shall be construed to permit a commercial or noncommercial kennel where such use is not allowed by applicable zoning laws. 4171: ADMINISTRATIVE CONTROL: A. Harboring Unvaccinated Dogs: No person shall own or harbor any dog after such dog attains the age of four (4) months which has not been vaccinated by a duly licensed veterinarian. B. Certificate of Vaccination: After vaccinating any dog, the veterinarian performing such vaccination shall sign a certificate in triplicate containing the following information: 1. The name and address of the guardian or harborer of the vaccinated dog. 2. The date of expiration of the vaccination. 3. The breed, color, sex and approximate size. The Finance Department or the Division of Animal Control shall not issue license tags for any dog until it has been vaccinated with an antirabies vaccine by a licensed veterinarian in a manner approved by the County Health Officer. The guardian of such dog shall exhibit to the Finance Department or the Division of Animal Control or the City a certificate of vaccination on the form provided by the Health Officer. Every licensed veterinarian practicing veterinary medicine within the City shall submit to the Division of Animal Control or the City one copy of each rabies vaccination certificate issued. Copies of all certificates issued shall be submitted on a quarterly basis. The Division of Animal Control shall retain and file its copy of the certificate for a period of no less than three (3) years. 12 When a certificate of rabies vaccination is issued for the purpose of issuing a dog license, the vaccination must be valid for the entire licensing period. C. Exemption from Rabies Vaccination: Any dog may be exempted from antirabies vaccination during an illness or when the dog is not in physical condition to be vaccinated and the antirabies vaccination would be detrimental for a physiological reason to such dog's health if a licensed veterinarian has examined the dog and certified in writing within five (5) days of examination that such vaccination should be postponed because of a specified illness. Old age, debility, and pregnancy will not exempt a dog from rabies vaccination. Exemption statements shall be valid only for the duration of the illness. The temporary exemption from vaccination does not exempt a dog from the licensing requirements once its physical condition permits. D. Evidence of Vaccination: Possession of a certificate of vaccination on a duly approved form signed by a duly licensed veterinarian shall be prima facie evidence of vaccination of the dog referred to therein on the date indicated on said certificate. E. False Representation of Certification: No person shall represent that any vaccination certificate in his possession or under his control was issued as a result of the vaccination of any dog other than the dog that was in fact vaccinated. F. Stolen Certificate: No person shall make use of or have in his possession or under his control a stolen, counterfeit or forged vaccination certificate. G. Presentation of Certificate on Demand: No person who owns or harbors any dog shall fail or refuse to exhibit the certificate required herein upon demand of the Health Officer, any Public Health Sanitarian, peace officer, or Animal Control Officer. H. Time Limit for Vaccination: Any person who owns or harbors any dog which has been brought into the City shall, in the event such a dog has not been vaccinated as provided herein, have a period of ten (10) days from and after the arrival of such dog into the City within which to comply with this Chapter. Reporting of Bites: It shall be the duty of any person having knowledge that any dog or other mammal has or is suspected of having bitten any human being, or other mammal, or in all cases of mammal bites treated by a physician to immediately report such occurrence or fact to the County Health Officer or to the Division of Animal Control and to furnish complete information regarding the incident. The report shall state the name and address, and age and sex of the person bitten, and/or description of the mammal bitten, if any, location and extent of bite wound, address or location where such attack occurred, and any other specific information relating to the biting animal or the biting incident so requested by the Health Department or the Division of Animal Control and/or Animal Control Officer. A copy of the report shall be forwarded by the Division of Animal Control and/or Animal Control Officer to the County Health Department within seventy two (72) hours. 13 In the event that the Animal Control Officer secures information of the existence of a case of rabies or other animal diseases dangerous to human beings, he/she shall immediately report same to the Health Officer. The owner of any mammal which has or is suspected of having bitten any person or other mammal within the preceding ten (10} days for dogs and cats, and fourteen (14) days for all other mammals, shall immediately, upon demand, surrender such mammal to the Health Officer, peace officer, or Animal Control Officer for purposes of quarantine or confinement pursuant to Section 4172. 4182: IMPOUNDMENT OF DOGS RUNNING AT LARGE: An Animal Control Officer shall not seize or impound a dog for running at large under the provisions of this Chapter when the dog has not strayed from and is upon the private property of the dog guardian or the person who has a right to control the dog, or upon private property to which the dog guardian or person who has a right to control the dog has a right of possession, nor shall the Animal Control Officer seize or impound a dog which has strayed from, but then returned to the private property of his/her guardian or the person who has a right to control the dog, but in such a case, a citation may be issued; provided, however, that if the guardian or person who has a right to control the dog is not at home, the dog may be impounded, but the officer shall post a notice of such impoundment on the front door of the residence of the guardian or person who has a right to control the dog. The notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address, and telephone number of the agency or person to be contacted regarding the release of the dog, and an indication of the ultimate disposition of the dog, if no action to regain it is taken within a specified period of time by its guardian or by the person who has a right to control the dog. This Section shall not be construed as prohibiting any person from killing a dog in the situation authorized by Food and Agricultural Code sections 31102, 31104, 31152. 4184: HEARING PRIOR TO ANIMAL DEPRIVATION: Except as provided in §4182 of this Article, a peace officer, agents of the Department of Public Health and the Division of Animal Control may not seize or impound any animal, unless an appeal hearing is held as set forth in §4185 of this Article. If the guardian or person who has a right to control an animal refuses to consent to an impoundment of his/her animal, the Animal Control Officer may issue a notice commanding the person to appear at a specified time before the City Manager or a person or persons designated by the City Manager to hear and decide such appeals. (Ord. 923, ^2, adopted 1991) 4186: FAILURE TO APPEAL IMPOUNDMENT: 14 Any person who fails to appeal any seizure or impoundment or order of abatement by the Animal Control Officer, the Department of Health or the Police Department or their authorized agents will forfeit all rights of ownership and control of the animal to the Division of Animal Control. Final disposition of the animal shall be determined by the agency in accordance with the provisions of this Chapter and State law. A. Redemption: Upon proper identification to the Division of Animal Control as the true guardian or other person entitled to custody of an impounded dog, said person may redeem such dog. The same dog being redeemed from impoundment for a second or third time offense shall be redeemed by none other than its actual guardian. No dog shall be redeemed without a valid rabies vaccination certificate, current valid dog license, payment of the fees or charges for impoundment, board and care, or veterinary services rendered. No large domestic animal shall be redeemed without payment of fees or charges to cover impoundment, capture, or hauling and other expenses incurred in taking-up the animal. The amount of such fees and charges shall be set by resolution of the City Council. Any animal or dog impounded by an Animal Control Officer or peace officer into his patrol vehicle prior to being impounded at the animal shelter for reasons of violations of this Chapter, or for the health and safety of the animal, may be released to its owner, or the person entitled to custody upon proper identification by the Animal Control Officer at his/her discretion. However, a notice of warning or citation may be issued to the owner or other person entitled to custody. It is a misdemeanor for any person to remove any animal from the custody of the impounding officer without the express permission of the officer. B. AdoptionlSale: All dogs and cats adopted or sold from the City Animal Control Shelter shall be spayed or neutered within thirty (30) days of adoption or sale. An amount to cover the cost of spaying or neutering shall be deposited with the Division of Animal Control at the time the animal is obtained. This deposit will be returned when evidence that the animal has been spayed or neutered by a licensed veterinarian is presented. The amount of the deposit shall be set by resolution by the City Council. For animals too young to be spayed or neutered a period of time recommended by a veterinarian will be allowed, but in no case, over ten (10) months of age. Failure to comply will forfeit the deposit. Fees for adoption are set forth by resolution of the City Council. All dogs and cats adopted or sold from nonprofit fee-exempt kennels shall be neutered or spayed within thirty (30) days of adoption or sale. For animals too young to be spayed or neutered, a period of time recommended by a veterinarian will be allowed, but in no case over ten (10) months of age. 15 It is a misdemeanor for any person to give false or misleading information to the Division of Animal Control in the adoption of an animal that has been impounded for violation of this Chapter in order to avoid impoundment, boarding care fees or penalties for such violations, if it should be established the adoptee is, in fact, the true guardian of the animal being adopted. As a condition of adoption, the adoptee shall sign a notice agreeing to the provision for adoption that any person adopting any dog or cat from the animal shelter who fails to provide proper and adequate care in accordance with the Penal Code section 597(x) through (t), repeatedly allows the dog to be at large, or fails to obtain required vaccination and license in the case of dogs, or fails to spay or neuter the dog or cat as required, or said animal becomes a nuisance and is in three (3) repeated violations of this Chapter, shall be prohibited from any further adoption of animals from any animal shelter. In addition, said animal shall be taken-up and impounded and not returned to the adoptee. Said adoptee shall forthwith forfeit any right or title to said animal which will then become the property of the City. Adoptee may be subject to any fees, charges, penalties or citations. 4187: DISPOSITION OF IMPOUNDED ANIMALS: No dog may be disposed of until seventy two (72) hours have elapsed from the time of impoundment, exclusive of the days of impoundment that the impoundment facility is closed, Saturdays, Sundays and holidays. No stray cat which has been impounded by a public pound, society for the prevention of cruelty to animals, shelter, or humane shelter shall be disposed of before seventy two (72) hours have elapsed from the time of capture of the stray cat, exclusive of the days of that the impoundment facility is closed, Saturdays, Sundays and holidays. This Section shall not apply to cats which are severely injured or seriously ill, or to newborn cats unable to feed themselves. The Division of Animal Control may retain any dog, cat or animal under a protective custody hold beyond the seventy two (72) hour period at no charge to the guardian. In lieu of destruction, any dog or cat, at the discretion of the Division of Animal Control, may be released without charge to any humane organization that proves an animal adoption service providing such release or adoption is not in conflict with any provision of this Chapter. Any dog or cat may be returned to the Division of Animal Control without charge should such agency be unable to provide adoption for said animal. SECTION THREE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on , 2009, by the following roll call vote: 16 AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phil Baldwin, Mayor ATTEST: Linda Brown, City Clerk 17 A~~~~M~~T oRDINANCE No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 4152, 4153, 4155, 4160, 4161, 4171, 4182, 4184, 4186, and 4187 OF THE UKIAH CITY CODE, PERTAINING TO DOGS AND CATS, TO USE THE WORD "GUARDIAN" INSTEAD OF "OWNER" IN THOSE SECTIONS. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Sections 4152, 4153, 4155, 4160, 4161, 4171, 4182, 4184, 4186, and 4187 in Division 5, Chapter 1 of the Ukiah City Code are hereby amended to read as follows: 4152: DEFINITIONS: Unless the context otherwise requires, the following terms shall have the following meanings when those terms are used in this Chapter. ANIMAL. Any wild or domestic animal, fowl, reptile, fish and non-human animals. ANIMAL CONTROL, DIVISION OF ANIMAL CONTROUANIMAL CONTROL AUTHORITY. That department or division of the City government and/or contracting agency which is specifically charged with the regulation of and enforcement of laws relating to animals within the jurisdiction of the City. ANIMAL CONTROL OFFICER. Any person duly appointed by the Agricultural Commissioner, the City Council, or a Humane Society pursuant to Civil Code section 607f, if that society has contracted with the City to enforce this Chapter within the City limits. ANIMAL ESTABLISHMENT. Any pet shop, grooming shop, auction, performing animal exhibition, kennel, animal shelter operated by other than a government agency, or Humane Society for the purposes specified in this ordinance. ANIMAL SHELTER. Any facility operated by a local governmental agency, contracting agency or Humane Society for the purposes specified in this ordinance. ANIMAL EXHIBITION. Any display containing one or more live domesticated wild or exotic animals which are exposed to public view for entertainment, instruction or advertisement. AT LARGE. Any animal, excepting a working animal, shall be deemed to be at large when off the premises of the ~ ~ =~~lian and not under restraint by leash or physical control of its { Deie~ea: owner ~~ ~ _ _ ---, -- _ ~---- uar ian. Deleted: owner i BOARDING KENNEL. A commercially operated establishment for the care and keeping of dogs and cats, other than those belonging to the operator. CAT. Any member of the domestic feline species. CITY. The City of Ukiah and when the context so indicates, City employees or contractors designated to carry out the provisions of this Chapter. COUNTY. The County of Mendocino. CONTRACT AGENCY. Any entity, including a Humane Society, which has entered into a contract with the City Council for the regulation and control of animals within the City and the duly designated officers of said contract shall have the authority to enforce the terms of this ordinance, including the authority to issue citations, in all areas covered by said contract. COUNTY VETERINARIAN. Through a recommendation by the County Health Officer, shall be annually appointed by the County Board of Supervisors. He serves with or without compensation in the furtherance of the program of vaccination of dogs and cats against rabies. DANGEROUS ANIMALS. Any animal which, because of its disposition or other characteristic would constitute a danger to persons or property, but this definition does not include domestic dogs or cats. DOG. Any member of the domestic canine species. DOMESTIC ANIMAL. Any animal, other than wild or exotic animals, customarily confined or cultivated by man for domestic or commercial purposes. ESTRAY. The act of any animal to wander or roam at large. EXOTIC ANIMAL. Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes. FERRAL DOG. A dog, escaped from domestication, running free and becoming wild. GUARD DOG. A dog trained specially for the protection of personal, commercial or private property and registered as a recognized guard dog with the local governing body. GUARDIAN. The term "guardian," as used in this Chapter, means `owner" as defined herein and has no other meaning. GUIDE DOG. A dog that physically assists a person who has a physical disability. GROOMING SHOP/PARLOR. A commercial establishment where animals are bathed, clipped, plucked, or otherwise conditioned. HEALTH DEPARTMENT. The Health Officer or authorized agents of the County Health Officer or City Health Officer. INFRACTION. Public offense as defined by Penal Code section 16. IMPOUNDMENT. Any taking custody of, taking up, or confining of any animal(s) by the Animal Control authority. COMMERCIAL KENNEL. Any place where five (5) or more dogs or cats are kept for commercial purposes, including a commercial kennel, pet grooming shop/parlor, commercial dog breeding business, boarding kennel, commercial or nonprofit dog adoption agency, or pet shop; provided, however, that a commercial kennel shall not include a licensed veterinary hospital or licensed agricultural kennel. NONCOMMERCIAL RESIDENTIAL KENNEL. A place where five (5} or more dogs are kept, harbored, or confined for other than commercial purposes. Each dog in this type of kennel is subject to the regular dog license fee and is subject to compliance with certain kennel provisions of ^4161. CERTIFIED AGRICULTURAL KENNEL. Any place where five (5} or more dogs used solely for the herding or protection of farm animals or hunting dogs are actually kept, and the applicant signs a statement verifying proof of that status when applying for the certified agricultural license. KITTEN. Any member of the domestic feline species under four (4) months of age. LEASH. Any rope, leather strap, chain or other material not exceeding six feet (6') in length being held in the hand of the person capable of controlling and actually controlling the animal to which it is attached. LICENSE. Refers to the license issued for the specified licensing period within City with all fees being paid as evidenced by a valid receipt. LIVESTOCK. Includes all domesticated bovine, equine, caprine, ovine, swine, avian, poultry, and rodent species. NUISANCE. Without limitation, any animal shall be considered a nuisance if it damages, soils, defiles, or defecates on private property other than the,owner's, or public property; causes a disturbance by excessive barking or other noise making; or molests, attacks, or interferes with persons or passers-by on public property and property not that of the animal's owner; or attacks, worries, or molests or kills other animals or repeatedly chases passing vehicles on public highways or streets. OWNER. Any person who is the keeper, harborer, possessor, or custodian, or who has control of an animal, or legal owner of any animal. Any occupant of premises upon which an animal is found shall be deemed prima facie the owner of said animal for the purposes of this Deleted: owner's ~~~ -(Deleted: owner Chapter. In addition, it shall be evidence of ownership of any animal for any person to refuse to present that animal to an Animal Control Officer for inspection or to refuse to permit such Officer to impound any animal on the premises of such person, when said animal is found in violation of the provisions of this Chapter. PHYSICAL CONTROL. Confined or restrained by a chain, rope, or leash. PET SHOP. An establishment operated by any person, firm, or corporation, where live animals are kept for wholesale or retail sale, barter, or hire. PROTECTIVE CUSTODY HOLD. Is a hold placed on any animal or dog which the animal enforcement authority determines should extend beyond seventy two (72} hours, excluding Saturday, Sunday and holidays. PUPPY. Any member of the domestic canine species under the age of four (4) months. QUARANTINE. The act of strict isolation and confinement of any animal to prevent the exposure to and the spread of a contagious disease or to prevent the animal from injury to any person or other animal. STRAY. Any animal that is at large without an identification tag, license tag, rabies tag, brand, tattoo, or any apparent identification that would identify the true ownership of said animal, or an animal that may be lost or abandoned with or without such means of identification. UNCONTROLLED. Any animal at large. UNLICENSED. That the licensing fee has not been paid for the current licensing period in the City. VACCINATION. A rabies vaccination of a dog or cat with a vaccine approved by and in the manner prescribed by the State Department of Public Health. VETERINARIAN. A person licensed to practice veterinary medicine in the State of California. VICIOUS ANIMAL. Any animal which has bitten a person or animal without provocation, or attacks, bites, harasses, scratches, or which has a disposition or propensity to attack, bite, harass or scratch any person or animal, or constitutes a physical threat to human beings or other animals. WILD ANIMAL. Any animal not actually confined or cultivated by man. WORKING ANIMAL. Animals under the control of humans used for the movement of livestock, fowl, tracing, obedience show, or in the taking of wild animals or wild fowls during the season established by law or in field trials. 4 4153: DOGS: It shall be unlawful and an infraction for any person who owns, harbors or keeps any dog: A. To permit or cause such dog to run at large, roam or run estray; to fail to keep the dog under physical control when the dog is upon any public property or private property without the express permission of the owner or the custodian of such property. Dogs permitted on public property must be on a leash not exceeding six feet (6') in length. B. To permit the dogs to defecate upon public property, including but not limited to, any public sidewalk or public area commonly occupied or traversed on foot by members of the public, unless the person immediately removes the feces and properly disposes of it. Visually handicapped persons who use guide dogs are exempt from this law. C. To permit any dog to be unlicensed. D. To permit any dog to remain unrestrained without an appropriate fence, chain, leash, or enclosure. E. To permit or take any dog into a restaurant, grocery store, meat market, supermarket, fruit store or any place where food is sold, dispensed or served to members of the public. Exempted from this law are guide dogs under the immediate and effective control of their ~ Deleted: owners C?i!21 C!I2!'~S. F. To permit any dog, known to be vicious and/or at large, to be kept on any private property in such a manner as to endanger the safety of any person lawfully entering such premises. In addition, a sign must be posted in a conspicuous place at or near the entrance to the premises with lettering at least two inches (2") In height and width reading: "BEWARE OF VICIOUS DOG" 4155: NUISi4iVCE: It shall be unlawful and an infraction to permit dogs, cats or other animals to engage in any conduct which would constitute a public nuisance. When Animal Control receives a complaint regarding a dog or animal which presents a physical menace to the safety or the neighborhood and, upon receiving a written complaint(s) from one or more persons residing or working in the surrounding neighborhood who complains that any dog, cat or other animal is a habitual nuisance so as to disturb the peace and quiet of the surrounding neighborhood, or by reason of its actions causes undue annoyance, or whose habitual barking, howling or other sound, cry, or habitual excessive loud and shrill noises interferes with any person of ordinary sensitivity in the reasonable and comfortable enjoyment of life and property, the City will investigate the complaint, and if such condition is found to exist, an order to conform may be issued requiring saidsguardian or custodian of the dog, cat or other animal to abate such (Deleted: owner nuisance immediately. Failure to comply with the notice to abate such nuisance in compliance with the specific requirements contained in the notice shall be deemed a violation of this Section and subject the violator to such penalties and fines as are set forth in this ------ Chapter, and may subject the animal to impoundment. The aggrieved animal. '~_;n may { De~etea: owner _~_ file a written appeal of such order of abatement or an impoundment of said animal in the form of a written "Notice of Appeal" with Animal Control. The appeal hearing will be conducted pursuant to procedures set forth in §4185. 4160: DOG LICENSES: A. General Requirements: ______ 1 _._~ e' ~ _of dogs four (4) months or older shall at all times have a valid City dog (De~etea: owners license for each dog In their possession and must license their dogs within ten (10}days of the dog coming into their possession or within ten (10) days after the dog reaches four (4) months of age. Licenses are valid for a period of one year beginning on the first day of the month in which they are first issued and ending the first day of that same month in each following year. If a license is sought more than ten (10) days after the dog turns four i (4) months of age or first comes into the r~ - ~ ~!i~~'s possession the license shall be deleted: owners J -~ effective for a period of one year on the first day of the month in which a license was first required. ---- Evidence of spaying or neutering when required shall be furnished by theuardian and {Deleted: owner shall consist of certification from a licensed veterinarian. Any~uardian of the same dog so { Deietea: owner ~ licensed may transfer a valid license and registration to another person upon payment of the transfer fee. 2. No license or tag of any type shall be issued pursuant to this Chapter for any dog until a valid certificate of rabies vaccination is presented to City Finance Department for each dog to be licensed. 3. A current valid dog license tag bearing the month and year in which it was issued shall be securely affixed to the dog's collar, harness or device and shall be worn at all times by said dog for whom the license registration is issued. 4. A reduced license fee shall be charged for all dogs that are spayed or neutered according to a fee schedule set by resolution of the City Council. 5. Any disabled person using a dog as a recognized guide dog shall be issued a license without charge upon proof of a valid rabies vaccination. 6. A dog owned and used exclusively for law enforcement purposes by a public agency requires a valid rabies vaccination and a dog license. The license requested shall be issued without charge upon documentary proof that such dog is certified for law enforcement activities only. B. License Forms and Tags: The City Finance Department or Division of Animal Control shall provide forms for the licenses required herein. Such licenses when completed, shall state the age, sex, color, and breed of the dog for which a license is requested and the name and address of the ~'~ ~ thereof. The City Finance Department or a Division of Animal Control shall maintain on fife in its office for public inspection copies of all licenses-issued pursuant to this Chapter. Upon completion of the license form by the applicant, payment of the fees required, and presentation of a valid certificate of rabies vaccination as required herein, the City Finance Department or a Division of Animal Control shall issue the necessary license tags which shall be of a durable material and bear the name "City of Ukiah", the month and year of issuance, and the number of the license tag. C. Notice to Public: The City shall annually between May 15 and June 15 of each year, cause to be published at least once in a newspaper of general circulation, a notice addressed to all persons who own or harbor dogs. Said notice shall state the amount of the license fee, the date payable, and the penalty for failure to pay within the time prescribed by this Chapter. Thirty (30) days before the expiration date the City Finance Department or Division of Animal Control shall send a renewal notice to each „~t = ~ of a licensed dog as shown on the City's records. Failure to publish or send such notices shall not relieve any dog; r~!~ °~_of the obligation to comply with any provisions of this Chapter. {Deleted: owner ~~ Deleted: owner ~ Deleted: owner The Finance Department or Division of Animal Control is also authorized to require businesses which sell pet food or pet supplies to permit the posting of a notice next to such items reminding pet ~ ~ rdians to comply with City licensing regulations, rabies {Deleted: owners --- vaccination requirements and City animal control laws. These notices will be supplied and posted by the City. D. Late Procurement and Penalty: Any~c uarc ~ ~ failing to obtain and pay for a nonprorated_ license or licenses under the provisions of this Chapter by the thirtieth day of the month in which the license was originally Issued ("the renewal date") shall, in addition to the license fee, pay a penalty for each dog. Dog ~ ~ ~~ wha are cited for not having obtained the. required license(s) for their dog(s) as required by this Chapter shall obtain a license and will be charged the additional delinquent penalty fee. Any license after the renewal date will be effective for one year from date on which the license originally expired. ~ E. Nonresidents: Provisions of §4160 A through G, shall not apply to nonresident ~ ~ a~~n of dogs who are temporarily within the City with their dogs for thirty (30) days or less, nor to dog. ~ ~~-~~~ ._ whose dogs are. brought into the City toparticipate in any dog show, field trial, or tracking activity, providing said dogs have a current valid dog license and rabies vaccination from a city or county or state of origin. The dog license must be attached pursuant to §4160 A. F. Imported Dogs: Any doguardian not falling within. the exemption of §4160 E above, bringing a dog(s) into the City from out of State or out of the City after July 1, shall within ten (10) days, excluding Saturdays, Sundays, and holidays, upon presentation of a valid rabies vaccination certificate, obtain the license(s) for the ensuing fiscal year. Guardians of any such aforementioned dogs brought into the City before July 1 of the existing fiscal year, shall obtain the required nonprorated license for that fiscal year. Said license shall expire on July 1, and said dog9~~~=~w~'i~n shall be subject to normal license renewal. Deleted: owner ~~ Deleted: owners Deleted: owners Deleted: owners _ ^ ~ Deleted: owner j Deleted: Owners ~ Deleted: owner ~ The additional penalty provided for nonpayment of license fees on or prior to June 30 in any year shall not apply to the said ~ ~ '~~ of a dog or dogs who brings such out of City (De~etea: owner dog or dogs into the City after June 30 of any year, providing such guardian shall within ~ Ue~etea: owner _ ~~ J ten (10) days (excluding holidays, Saturdays and Sundays) after bringing each dog or dogs into said City, procure a license or licenses for such dog or dogs, and it is hereby made the duty of such p uq ard~ans to secure said license or licenses within said ten (10) (Deleted: owners __ ) __ _ __ _ -- day period. T G. Lost Tags: In the event a license tag issued to a dog be lost or destroyed, then ~~ _n {Deleted: owner ~ __~ shall within ten (10) days thereafter procure a new duplicate license tag for a fee, and if said,~quardian shall fail to secure a duplicate license within ten (10) days (excluding {Deleted: owner Saturdays, Sundays and holidays) from the loss of said tags, said u.~ _ ~_ ~;or ~~- - ~ _ _ . {Deleted: owner shall be subject to a delinquent penalty fee, as well as the duplicate tag fee as set forth by De~etea: owners _ ~~ resolution by the City Council of the City. H. Prohibitions: 1. It is further provided that any person who secures a dog license, or any type of dog kennel license, or dangerous animal permit at any time by means of fraud or misrepresentation shall be guilty of a misdemeanor. 2. Any person who owns or harbors or keeps any dog and fails, neglects or refuses to attach and keep a valid current license tag affixed to said dog in the manner prescribed by this ordinance and State law is guilty of an infraction. Such unlawful conduct may also result in the impoundment of the dog. 3. No person shall and it shall constitute an infraction to remove a dog license tag from ~eietea: owner any dog without the consent of the; ~ ~-di~ ~ thereof, except in cases of emergency... 4. It is unlawful and an infraction for any person to place a dog license tag on any dog for which the tag was not issued or place an imitation or false dog license tag on any dog. 5. It shall constitute an infraction for any person to fail or refuse to show to the Animal Control Officer or peace officer the dog license tag or license certificate or rabies certificate for any dog upon request. 6. It is unlawful and a misdemeanor to possess, own, keep or harbor any unlicensed dog or to maintain, conduct, or cause to be operated any unlicensed kennel, grooming shop/parlor, pet shop, commercial kennel and profit or nonprofit dog adoption agency. I. Disposition of Funds: All fees collected for the issuance of dog licenses and tags and all fines collected pursuant to this Chapter shall be paid into the City treasury and shall be used as required, in Food and Agriculture Code section 30652, as it now reads or may be hereafter amended. J. §§4160, requiring dog licenses, 4161, requiring kennel licenses, 4162, requiring licenses for dangerous animals, and §4163, prescribing rules for denial, cancellation or revocation of licenses shall not become effective until the City Council adopts a resolution declaring those sections effective in the City. Until said resolution is adopted by the City Council and published as provided in Government Code section 6061, the provisions of Mendocino County Code, chapter 10.12, including section 10.12.010, requiring dog licenses, section 10.12.020, requiring kennel licenses, section 10.12.30, requiring licenses for dangerous animals and section 10.12.040, prescribing rules for cancellation, denial or revocation of licenses, shall continue to apply in the City. Until said resolution is adopted and published as provided herein, persons who own or possess dogs or dangerous animals and kennel owners and operators shall continue to apply to Mendocino County for required licenses and permits as provided in Mendocino County Code, chapter 10.12. 4161: KENNEL LICENSES: No person shall conduct a commercial kennel without a current commercial kennel license, in addition to a City business license, issued by the Finance Qepartment. No person(s) shall be issued a certified agricultural kennel license without verifying to the fact that their dogs (5 or more) are solely used for the purpose of herding or protection of farm animals, or hunting, and further agrees that these dogs are not to be sold or traded for commercial purposes. Applicants will be required to complete a signed statement attesting to the validity of the information as being true and correct. Such kennel license must be obtained before July 1st. Persons failing to obtain the license by June 30 shall pay double the fee. Licenses shall be valid for a period of one year extending from July 1st through June 30th of the following year. The fee schedule for this type license is set by resolution of the City Council. Exempt from the double fee penalty provisions are premises where dogs are kept, harbored or maintained for the sole purpose of raising, training, and providing guide dogs to the blind, deaf or other physically disabled persons. A nonprofit dog adoption agency will likewise be exempt from this penalty. However, a special fee-exempt commercial kennel license is provided for and required for such nonprofit adoption agencies as well as those persons raising and selling dogs for the physically disabled. All dogs shall be currently Individually licensed in accordance with the provisions of Article 7 of this Chapter. The Finance Department shall issue to such owner without additional charge individual license tags for each of the dogs covered by the kennel license and, during the term of that license, shall upon written application, issue to such owner without charge additional license tags for any additional dogs that come into the possession of the owner within that license year. A. Application for License: The application for above-mentioned licenses shall be in writing on a form approved by the Finance Department. The applicant shall furnish a list of the types of animals to be maintained or used for any purpose, together with the approximate number of animals of each type. B. Regulations and Standards: The City Council may establish by resolution regulations and standards relating to: 1. The maximum number and species of animals to be kept or maintained on the premises; 2. The construction, sanitation and maintenance of the facility; 3. Any other regulations and standards in conformity with and for the purposes of carrying out the intent of this Section. Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any license provided pursuant to this Section. The licensee shall maintain a record of the names and addresses of persons from whom animals are received and to whom the animals are sold, traded or given. This shall be available to the City upon request. C. Inspection: The City shall have the authority to inspect any facility for which a noncommercial residential kennel or commercial kennel license is to be issued or renewed for the purpose of determining inhumane treatment of animals and/or violations of State and local health and sanitation laws. D. Conditions Relating to Animal Facilities and Care: 1. Structural Strength: Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals. 2. All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require. 3. All animals shall be maintained in a clean and sanitary condition. 4. All animals shall be so maintained as to eliminate excessive and nighttime noise. 5. No animals shall be without attention more than eighteen (18) consecutive hours. Whenever an animal is left unattended at a commercial animal facility, the telephone number of Animal Control or the name, address and telephone number of the person in charge of the facility shall be posted in a conspicuous place at the front of the property. 10 6. Every reasonable precaution shall be used to insure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means. 7. No condition shall be maintained or permitted that is or could be injurious to the animals. 8. Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public. 9. Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals. 10. Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling are to be provided as may be required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation. 11. Licensees shall take any animals to a veterinarian for examination or treatment if Animal Control or other enforcement agencies finds this necessary in order to maintain ~ Deleted: owner the health of the animal and orders the~wner or custodian to do so. 12. All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals. 13. Every violation of an applicable regulation shall be corrected when specified by Animal Control or other enforcement agencies. 14. Licensees shall provide proper shelter and protection from the weather at all times. 15. Licensees shall not give any animal any alcoholic beverage, unless prescribed by a veterinarian. 16. Licensees shall not allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together or so near each other as to cause injury, or torment. If two (2} or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others, such animals shall not be deemed to be natural enemies. 17. Licensees shall not allow the use of any equipment, device, substance or material that is injurious or causes pain or cruelty to any animal. 11 18. Licensees shall give working animals proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions. 19. Licensees shall not work, use, or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame, or otherwise unfit. 20. Licensees shall not display animals bearing evidence of malnutrition, ill health, unhealed injury, or having been kept in an unsanitary condition. 21. Licensees shall not display any animal whose appearance is or may be offensive or contrary to public decency. 22. Licensees shall not allow any animal to constitute or cause a hazard or be a menace to the health, peace or safety of the community. E. Nothing contained in this Section shall be construed to permit a commercial or noncommercial kennel where such use is not allowed by applicable zoning laws. 4171: ADMINISTRATIVE CONTROL: A. Harboring Unvaccinated Dogs: No person shall own or harbor any dog after such dog attains the age of four (4) months which has not been vaccinated by a duly licensed veterinarian. B. Certificate of Vaccination: After vaccinating any dog, the veterinarian performing such vaccination shall sign a certificate in triplicate containing the following information: 1. The name and address of theme uardian or harborer of the vaccinated dog. 2. The date of expiration of the vaccination. 3. The breed, color, sex and approximate size. Deleted: owner The Finance Department or the Division of Animal Control shall not issue license tags for any dog until it has been vaccinated with an antirabies vaccine by a licensed veterinarian -. -__- in amanner approved by the County Health Officer. The ~-{~i- ~~ of such dog shall. { Deletes: owner ' exhibit to the Finance Department or the Division of Animal Control or the City a certificate of vaccination on the form provided by the Health Officer. Every licensed veterinarian practicing veterinary medicine within the City shall submit to the Division of Animal Control or the City one copy of each rabies vaccination certificate issued. Copies of all certificates issued shall be submitted on a quarterly basis. The Division of Animal Control shall retain and file its copy of the certificate for a period of no less than three (3) years. 12 When a certificate of rabies vaccination is issued for the purpose of issuing a dog license, the vaccination must be valid for the entire licensing period. C. Exemption from Rabies Vaccination: Any dog may be exempted from antirabies vaccination during an illness or when the dog is not in physical condition to be vaccinated and the antirabies vaccination would be detrimental for a physiological reason to such dog's health if a licensed veterinarian has examined the dog and certified in writing within five (5) days of examination that such vaccination should be postponed because of a specified illness. Old age, debility, and pregnancy will not exempt a dog from rabies vaccination. Exemption statements shall be valid only for the duration of the illness. The temporary exemption from vaccination does not exempt a dog from the licensing requirements once its physical condition permits. D. Evidence of Vaccination: Possession of a certificate of vaccination on a duly approved form signed by a duly licensed veterinarian shall be prima facie evidence of vaccination of the dog referred to therein on the date indicated on said certificate. E. False Representation of Certification: No person shall represent that any vaccination certificate in his possession or under his control was issued as a result of the vaccination of any dog other than the dog that was in fact vaccinated. F. Stolen Certificate: No person shall make use of or have in his possession or under his control a stolen, counterfeit or forged vaccination certificate. G. Presentation of Certificate on Demand: No person who owns or harbors any dog shall fail or refuse to exhibit the certificate required herein upon demand of the Health Officer, any Public Health Sanitarian, peace officer, or Animal Control Officer. H. Time Limit for Vaccination: Any person who owns or harbors any dog which has been brought into the City shall, in the event such a dog has not been vaccinated as provided herein, have a period of ten (10) days from and after the arrival of such dog into the City within which to comply with this Chapter. I. Reporting of Bites: It shall be the duty of any person having knowledge that any dog or other mammal has or is suspected of having bitten any human being, or other mammal, or in all cases of mammal bites treated by a physician to immediately report such occurrence or fact to the County Health Officer or to the Division of Animal Control and to furnish complete information regarding the incident. The report shall state the name and address, and age and sex of the person bitten, and/or description of the mammal bitten, if any, location and extent of bite wound, address or location where such attack occurred, and any other specific information relating to the biting animal or the biting incident so requested by the Health Department or the Division of Animal Control and/or Animal Control Officer. A copy of the report shall be forwarded by the Division of Animal Control and/or Animal Control Officer to the County Health Department within seventy two (72) hours. 13 In the event that the Animal Control Officer secures information of the existence of a case of rabies or other animal diseases dangerous to human beings, he/she shall immediately report same to the Health Officer. The owner of any mammal which has or is suspected of { Deleted: owner having bitten any person or other mammal within the preceding ten (10) days for dogs and cats, and fourteen (14} days for all other mammals, shall immediately, upon demand, surrender such mammal to the Health Officer, peace officer, or Animal Control Officer for purposes of quarantine or confinement pursuant to Section 4172. 4182: IMPOUNDIIflENT OF DOGS RUNNING AT LARGE: An Animal Control Officer shall not seize or impound a dog for running at large under the provisions of this Chapter when the dog has not strayed from and is upon the private property of the doge _ o ~,~~, or the personwho has a right to control the dog, or upon private property De~etea: owner to which the dog ~ .. ~'.an or person who has a right to control the dog has a right of Deleted: owner ~ possession, nor shall the Animal Control Officer seize or impound a dog which has strayed _ _ _ ___ from, but then returned to the private property of his/her ±~: ~''_,;~_or the person who has a (De~etea: owner right to control the dog, but in such a case, a citation may be issued; provided, however, that if the~uard~an or person who has a right to control the dog is not at home the dog may be - . _ _- {Deleted: owner -- impounded, but the officer shall post a notice of such impoundment on the front door of the residence of the uardian or person who has a right to control the dog. The notice shall state -(Deleted: owner the following: that the dog has been impounded, where the dog is being held, the name, address, and telephone number of the agency or person to be contacted regarding the release of the dog, and an indication of the ultimate disposition of the dog, if no action to __ regain it is taken within a specified period of time by its ~ _~, ~ ~_ n or by the person who has a ~._ __ Deleted: owner right to control the dog. This Section shall not be construed as prohibiting any person from killing a dog in the situation authorized by Food and Agricultural Code sections 31102, 31104, 31152. 4184: HEARING PRIOR TO ANIMAL DEPRIVATION: Except as provided in §4182 of this Article, a peace officer, agents of the Department of Public Health and the Division of Animal Control may not seize or impound any animal, unless an appeal hearing is held as set forth in §4185 of this Article. If the,guardian or person who has a right to control an_animal refuses to consent to an ~ Deleted: owner_ ~ impoundment of his/her animal, the Animal Control Officer may issue a notice commanding the person to appear at a specified time before the City Manager or a person or persons designated by the City Manager to hear and decide such appeals. (Ord. 923, ^2, adopted 1991) 4186: FAILURE TO APPEAL INlPOUNDIVlENT: 14 Any person who fails to appeal any seizure or impoundment or order of abatement by the Animal Control Officer, the Department of Health or the Police Department or their authorized agents will forfeit all rights of ownership and control of the animal to the Division of Animal Control. Final disposition of the animal shall be determined by the agency in accordance with the provisions of this Chapter and State law. A. Redemption: Upon proper identification to the Division of Animal Control as the true ~: :~~- ~ or other person entitled to custody of an impounded. dog, said person may Ue~etea: owner __^ j ___ __ redeem such dog. The same dog being redeemed from impoundment for a second or third time offense shall [ oeietea: owner be redeemed by none other than its actual~uardian. No dog shall be redeemed without a valid rabies vaccination certificate, current valid dog license, payment of the fees or charges for impoundment, board and care, or veterinary services rendered. No large domestic animal shall be redeemed without payment of fees or charges to cover impoundment, capture, or hauling and other expenses incurred in taking-up the animal. The amount of such fees and charges shall be set by resolution of the City Council. Any animal or dog impounded by an Animal Control Officer or peace officer into his patrol vehicle prior to being impounded at the animal shelter for reasons of violations of this Chapter, or for the health and safety of the animal, may be released to its,owner, or the deleted: owner ~ person entitled to custody upon proper identification by the Animal Control Officer at T~.j his/her discretion. However, a notice of warning or citation may be issued to the owner or { oeietea: owner J other person entitled to custody. It is a misdemeanor for any person to remove any animal from the custody of the impounding officer without the express permission of the officer. B. Adoption/Sale: All dogs and cats adopted or sold from the City Animal Control Shelter shall be spayed or neutered within thirty (30) days of adoption or sale. An amount to cover the cost of spaying or neutering shall be deposited with the Division of Animal Control at the time the animal is obtained. This deposit will be returned when evidence that the animal has been spayed or neutered by a licensed veterinarian is presented. The amount of the deposit shall be set by resolution by the City Council. For animals too young to be spayed or neutered a period of time recommended by a veterinarian will be allowed, but in no case, over ten (10) months of age. Failure to comply will forfeit the deposit. Fees for adoption are set forth by resolution of the City Council. All dogs and cats adopted or sold from nonprofit fee exempt kennels shall be neutered or spayed within thirty (30) days of adoption or sale. For animals too young to be spayed or neutered, a period of time recommended by a veterinarian will be allowed, but in no case over ten (10} months of age. 15 It is a misdemeanor for any person to give false or misleading information to the Division of Animal Control in the adoption of an animal that has been impounded for violation of this Chapter in order to avoid impoundment, boarding care fees or penalties for such violations, if it should be established the adoptee is, in fact, the true uardian of the animal { oeie~a: oW~e~ being adopted. _... As a condition of adoption, the adoptee shall sign a notice agreeing to the provision for adoption that any person adopting any dog or cat from the animal shelter who fails to provide proper and adequate care in accordance with the Penal Code section 597(a} through (t), repeatedly allows the dog to be at large, or fails to obtain required vaccination and license in the case of dogs, or fails to spay or neuter the dog or cat as required, or said animal becomes a nuisance and is in three (3) repeated violations of this Chapter, shall be prohibited from any further adoption of animals from any animal shelter. In addition, said animal shall be taken-up and impounded and not returned to the adoptee. Said adoptee shall forthwith forfeit any right or title to said animal which will then become the property of the City. Adoptee may be subject to any fees, charges, penalties or citations. 4187: DISPOSITION OF IMPOUNDED ANIMALS: No dog may be disposed of until seventy two (72) hours have elapsed from the time of impoundment, exclusive of the days of impoundment that the impoundment facility is closed, Saturdays, Sundays and holidays. No stray cat which has been impounded by a public pound, society for the prevention of cruelty to animals, shelter, or humane shelter shall be disposed of before seventy two (72) hours have elapsed from the time of capture of the stray cat, exclusive of the days of that the impoundment facility is closed, Saturdays, Sundays and holidays. This Section shall not apply to cats which are severely injured or seriously ill, or to newborn cats unable to feed themselves. The Division of Animal Control may retain any dog, cat or animal under a protective custody , {, oeietea: owner hold beyond the seventy two (72) hour period at no charge to the uaa-dian. In lieu of destruction, any dog or cat, at the discretion of the Division of Animal Control, may be released without charge to any humane organization that proves an animal adoption service providing such release or adoption is not in conflict with any provision of this Chapter. Any dog or cat may be returned to the Division of Animal Control without charge should such agency be unable to provide adoption for said animal. SECTION THREE This Ordinance shall become effective thirty (30}days after adoption. Introduced by title only on , 2009, by the following roll call vote: 16 AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phil Baldwin, Mayor ATTEST: Linda Brown, City Clerk 17 January 30~', 2009 Mayor Baldwin and Members of the Ukiah City Council: As veterinarians serving the greater Ukiah area and as community leaders in the care of animals, we support the growing awareness of the importance of the human-animal bond in our daily lives. As our society has begun to recognize the intrinsic value of animals as companions, we have seen the positive effects of improved care and more humane treatment that results. However, there is still much work to be done before all members of our community recognize the level of care and responsibility required by the animals they bring into their homes. We support changing the word "owner" to "guardian" or "guardian and/or owner" in ordinances that relate to dogs and cats as a significant step toward meeting that goal. We understand the meaning of the ward "guardian" would be clearly defined in the revised code, as it has been in the many other communities across the United States and Canada where this change has been adopted. We also understand that, with that definition in place, the laws and their application would remain essentially unchanged. By changing the language to include vocabulary that better reflects the role so many of us play in caring for companion animals, a subtle yet significant message can be offered in support of a more compassionate and respectful view of animals for all members of our community. Seeing ourselves as guardians creates a perceptual shift away from viewing animals as disposable property. We believe this bolsters the efforts of our local humane and rescue organizations, Animal Care and Control, veterinarians and educators in our community as they continue to deliver their important messages about responsible care of animals. Sincerely, Katy Sommers, DVM, CVA Sara Rice, VMD Lauren LaRue, DVM, professional dog breeder Jim Plumb, DVM Charlotte Burns, DVM, CVA Frank Merritt, DVM Kerry Levin, DVM, CVA ~~Il~r ~Iien# Applica#ion Last Name First i~arr}e Spouse address City Nome Phone ~'~~orlc Phone Cell Phone Phone # where I will i3e while on vaction In ~3se of et7rergency contact: Name Phone Vet's or hospital name lit LQse {}l lll~i fir u~ath et'n~rg~il~y, iiGw ITi'sli~i do you want to spend to save your pets life. p Does your dog: Bite u Bark a lot. ~ Tump fences any r~iedic;al pr~hlerrts 1Vll~d~ca1/dG~~~rat ~lea~e yard ~a>< ~'ar~ P~Ii~i~s i e:~e'tif~-t~s~t `a ini'aa i~s- ~5~-~~Y a7~` ui~ta~ua`3Ze~'s ~g~u`a vi thG v+`~'ici Oi iilisriilei~ ~Zi~Sj. i:hrr~ by griirit ~.reiTniSsi07 iu this ut7ardirig e3tdbiis~uelcru` to act in my behalf, and in my pet's best interest, by obtaining veterinary or other care at my expense, if deemed necessary, for injury or illness oI any fJthel t:eRd~tron. I $xltlter agl~t1J pay fnr ~ yc_t~rin~ry and nthSI neCl'S3aIy ~~'?"~l~ef 1?i~.I.i?'~d Fay and foI my pet d}:rs_ng itg etay in #~c facility and to pay those charges in foil upon my return This facility agrees to exercise alt due and reasonable care to prevent injury or illness to my pet Haweuer, in the event ofinjury ~- illness, the fawners antllor enalalayees of thss boarding facility shalt not tae held personally liable far such injury ar illness. Thi$ facility will not be : eSpr-nsible for refusal of bare by a vetet i~aaria€~ doe to th€ lacl: €af a satin€a€t~ry Ethan€ial arc angerr.Ent between flee owner of the pct and the veteriaeary fa€il'ai~. i agree to pay all €harges on the day of pick-up of m_y pet and I understand that my pet may not Leave the premises until a!! charges are raid in fuii. trsaecks returned iay the Dank wiil be charged a ~2fi.~o returned check fee. All pets must: appear healthy and free from infectious diseases, organisms, and internal or external parasites. Puppies =ruder l ~ weeks of age m*:st h3ve IecQ?ved a I~I~;I'P-C vac~I~e 3(±hreP; day's pnor to the f rst day of ~.,re. Pets not picked up by the agreed upon time may be considered to be abandoned and wilt be handled in accordance with the terms of the Califtxnis Abandoned Animal Act {.posted in atT-scej. Also, should this facility attempt to contact the pet owner ant! lac unable to do so, the facility may, at their discretion, consider the pet to be immediately abandoned and proceed in accordance with office pdicy. fags that barb excessively may be sedated car fitted with an anti-barb training device. Servi€e enay be refused to €lients asad/ar pets: that are disruptive to others; who are determined to be a danger to themseh~es or to the avF=ners and emplay~s of th~ f2ciiity; for any reason at any time- Should any portion of this application b? considered to be invalid, it wii_1 not effect the validity ar iegaliiy of any atiaer portion. The releases and policies of this application may also apply to any person or facility which provides care or services to or for my pet wfede ~ the €aro of>€3est in Shaw. av~ rya a ~~ ~rct~ ~.~~~ ~ a c~~~ I_a~a~:~~ ~ a~r~~ _ i ~ ~ ~:_~ S° ~t >~°~ ~t~ January 30, 2009 Dear Ukiah City Council Members: We believe that we should be guardians of our pets or animals, not owners, because we need to take care of their needs with the kindness of a guardian, and never treat them like inanimate pieces of property. We are convinced that substituting the word "guardian" for "owner" in city ordinances can slowly but surely affect the way young people like ourselves treat animals. Young people who remember that they are guardians of living beings with feelings and needs, will not neglect, abuse, or abandon their pets when they get bored or upset with them. Then the animal shelters will not have to kill all the stray dogs and cats that they can no longer support in their crowded facilities. Please approve this change. Sincerely, Students of Instilling Goodness Elementary and Developing Virtue Secondary Schools me ~~~+ ~~~ Signature a~a~s~ ~:~ C:~.~~~ January 30, 2009 Dear Ukiah City Council Members: We believe that we should be guardians of our pets or animals, not owners, because we need to take care of their needs with the kindness of a guardian, and never treat them like inanimate pieces of property. We are convinced that substituting the word "guardian" for "owner" in city ordinances can slowly but surely affect the wayyoung people like ourselves treat animals. Young people who remember that they are guardians of living beings with feelings and needs, will not neglect, abuse, or abandon their pets when they get bored or upset with them. Then the animal shelters will not have to kill all the stray dogs and cats that they can no larger support in their crowded facilities.l'~ase approve this change. Sincerely, Students of Instilling Goodness elementary and Developing Virtue Secondary Schools Name Signature ~ , j^ _ ` f~ r ~-- 7 t~ t. !~, 7 ~. f y ~ ~ /i [ ~ {t s t'1 t January 30, 2009 Dear Ukiah City Council Members: We believe that we should be guardians of our pets or animals, not owners, because we need to take care of their needs with the kindness of a guardian, and never treat them like inanimate pieces of property. We are convinced that substituting the word "guardian" for "owner" in city ordinances can slowly but surely affect the wayyoung people like ourselves treat animals. Young people who remember that they are guardians of living beings with feelings and needs, will not neglect, abuse, or abandon their pets when they get bored or upset with them. Then the animal shelters will not have to kill all the stray dogs and cats that they can no longer support in their cr~a~;~ded facilities. Please approve this change. Sincerely, Students of Instilling Goodness Elementary and Developing Virtue Secondary Schools Name Signature ~. ~, ,; j`~ j t -~ I ~~~ - - ~ v ._ i t ~ ~ ->_ ``~`~ ~r.~ r .,, ,.. ~"".'__ ~ \ January 30, 2009 Dear Ukiah City Council Members: We believe that we should be guardians of our pets or animals, not owners, because we need to take care of their needs with the kindness of a guardian, and never treat them like inanimate pieces of property. We are convinced that substituting the word "guardian" far "owner" in city ordinances can slowly but surely affect the way young people like ourselves treat animals. Young people who remember that they are guardians of living beings with feelings and needs, will not neglect, abuse, or abandon their pets when they get bored or upset with them. Then the animal shelters will not have to kill all the stray dogs and cats that they can no longer support in their crowded facilities. t~lease approve this change. Sincerely, Students of Instilling Goodness Elementary and Developing Virtue Secondary Schools me Sianatu . ~, ~- .. ~ ~~~ ~~~t ~,; ~~Y~~~~~1 ~, ~ r ~ ~ i~~ ~~a~r~~J 11 ~ .~ ~~ January 29, 2009 To Whom It May Concern: As parents, teachers and staff at a school that teaches the virtues of compassion and kindness for all living beings, we believe that it is important for children to view themselves as guardians rather than owners of their pets or companion animals. Children who have not been raised or educated with this awareness have been Known to perpetuate acts of unthinkable cruelty to their own or others' pets, often treating the animals as objects, without realizing that they are hurting beings who suffer pain just as much as humans do. We believe that a simple change in the wording of local ordinances that replaces "owner" with "guardian" is a small but important step towards changing the way individuals, families and society think of and treat our companion animals, which will hopefully reduce the numerous cases of animal neglect, abuse and abandonment as well as contribute to harmony and peace among humans in our society. Sincerely, Parents, Teachers and Staff of Instilling Goodness Elementary and Developing Virtue Secondary Schools Name Si nature i ~~c~~ -_ ~-~ t - ., ~ _ r -~ _ _ ~,. _. _ .~ f i,l /~ ,~ ~ ~ ~ 1/ =. ~. January 29, 2009 To Whom It May Concern: As parents, teachers and staff at a school that teaches the virtues of compassion and kindness for all living beings, we believe that it is important for children to view themselves as guardians rather than owners of their pets or companion animals. Children who have not been raised or educated with this awareness have been known to perpetuate acts of unthinkable cruelty to their own or others' pets, often treating the animals as objects, without realizing that they are hurting beings who suffer pain just as much as humans do. We believe that a simple change in the worc~~°~g of local ordinances that replaces "owner" with "guardian" is a small but important step towards changing the way individuals, families and society think of and treat our companion animals, which will hopefully reduce the numerous cases of animal neglect, abuse and abandonment as well as contribute to harmony and peace among humans in our society. Sincerely, Parents, Teachers and Staff of Instilling Goodness Elementary and Developing Virtue Secondary Schools Name Si nature ~'~,~ ~/~ ~/~ ~1 ~~~~ r lit , ,~ ~- 'til ~~~ ~ -~- ~~~ _ ., ~ J '' ~~? r~;~''~ ~°~' ~~, ,~~{ : ~ _ 1~~Z''t- . '." - ~ ~1~~ '~ ~ ~~~~-~1 ~.~~. January 29, 2009 To Whom It May Concern: As parents, teachers and staff at a school that teaches the virtues of compassion and kindness for all living beings, we believe that it is important for children to view themselves as guardians rather than owners of their pets or companion animals. Children who have not been raised or educated with this awareness have been known to perpetuate acts of unthinkable cruelty to their own or others' pets, often treating the animals as objects, without realizing that they are hurting beings who suffer pain just as much as humans do. We b~ : z that a simple change in the wording of local ordinances that replaces "owner" with "guardian" is a small but important step towards changing the way individuals, families and society think of and treat our companion animals, which will hopefully reduce the numerous cases of animal neglect, abuse and abandonment as well as contribute to harmony and peace among humans in our society. Sincerely, Parents, Teachers and Staff of Instilling Goodness Elementary and developing Virtue Secondary Schools r as ~~~ 1~ ~~ ~~IS ~, ~~ ~~r v '~ 3~ -~,~t~ ~~ ~~ti~ 1"~-~,. January 29, 2009 To Whom It May Concern: t ~{ As parents, teachers and staff at a school that teaches the virtues of compassion and kindness for all living bein.~s, we believe that it is important for children to view themselves as guardians rather than owners of their pets or companion animals. Children who have not been raised or educated with this awareness have been known to perpetuate acts of unthinkable cruelty to their own or others' pets, often treating the animals as objects, without realizing that they are hurting beings who suffer pain just as much as humans do. We believe that a simple change in the wording of local ordinances that replaces "owner" with "guardian" is a small but important step towards changing the way individuals, families and society think of and treat our companion animals, which will hopefully reduce the numerous cases of animal neglect, abuse and abandonment as well as contribute to harmony and peace among humans in our society. Sincerely, Parents, Teachers and Staff of Instilling Goodness Elementary and Developing Virtue Secondary Schools Name Signature `'~` ~~ ~ J .l; n (G to ,.! 1 ~'~ ' U ~, ~ ~/ c ,~' _ ~~' ~~ ~o ~~ ~ ~, L l,~ . \- January 29, 2009 To Whom It May Concern: As parents, teachers and staff at a school that teaches the virtues of compassion and kindness for all living beings, we believe that it is important for children to view themselves as guardians rather than owners of their pets or companion animals. Children who have not been raised or educated with this awareness have been known to perpetuate acts of unthinkable cruelty to their own or others' pets, often treating the animals as objects, without realizing that they are hurting beings who suffer pain just as much as humans do. We believe that a simple change in the wording of local ordinances that replaces "owner" with "guardian" is a small but important step towards changing the way individuals, families and society think of and treat our companion animals, which will hopefully reduce the numerous cases of animal neglect, abuse and abandonment as well as contribute to harmony and peace among humans in our society. Sincerely, Parents, Teachers and Staff of Instilling Goodness Elementary and Developing Virtue Secondary Schools Name Si nature C_.- 1, ~~- - ~ - ~~~ -~ ~~i ~~~ E /°~ 1 t j"r ~, t 4 ~ i January 29, 2009 To Whom It May Concern: As parents, teachers and staff at a school that teaches the virtues of compassion.-and kindness for all living beings, we believe that it is important for children to view themselves as guardians rather than owners of their pets or companion animals. Children who have not been raised or educated with this awareness have been known to perpetuate acts of unthinkable cruelty to their own or othersup~ as much as humans donimals as objects, without realizing that they are hurting beings who suffer pain ~ We believe that a simple change in the wording of local or~lirsances that replaces "owner" with "guardian" is a small but important step towards changing the way individuals, families and society think of and treat our companion animals, which will hopefully reduce the numerous cases of animal neglect, abuse and abandonment as well as contribute to harmony and peace among humans in our society. Sincerely, Parents, Teachers and Staff of Instilling Goodness Elementary and Developing Virtue Secondary Schools F ~_ January 29, 2009 To Whom It May Concern: ~1~- ~~~ As parents, teachers and staff at a school that teaches the virtues of compassion and kindness for all living beings, we believe that it is important for children to view themselves as guardians rather than owners of their pets or companion animals. Children who have not been raised or educated with this awareness have been {mown to perpetuate acts of unthinkable cruelty to their own or others' pets, often treating the animals as objects, without realizing that they are hurting beings who suffer pain just as much as humans do. We believe that a simple change in the wording of local ordinances that replaces "owner" with "guardian" is a small but important step towards changing the way individuals, families and society think of and treat our companion animals, which will hopefully reduce the numerous cases of animal neglect, abuse and abandonment as well as contribute to harmony and peace among humans in our society. Sincerely, Parents, Teachers and Staff of Instilling Goodness Elementary and Developing Virtue Secondary Schools Name Si nature ~~~ k,~'` ',~~~i~ 1 ~~a +"" ~ -lam n ~ ~~ r ~ ~ i1 1.. ~.~ ~ _,~ ~~ . -, ~ ~r January 29, 2009 To Whom It May Concern: As parents, teachers and staff at a school that teaches the virtues of compassion and kindness for all living beings, we believe that it is important for children to view themselves as guardians rather than owners of their pets or companion animals. Children who have not been raised or educated with this awareness have been known to perpetuate acts of unthinkable cruelty to their own or others' pets, often treating the animals as objects, without realizing that they are hurting beings who suffer pain just as much as humans do. We believe that a simple char ~,-° ~n the wording of local ordinances that replaces "owner" with "guardian" is a small but important step towards changing the way individuals, families and society think of anti treat our companion animals, which will hopefully reduce the numerous cases of animal neglect, abuse and abandonment as well as contribute to harmony and peace among humans in our society. Sincerely, Parents, Teachers and Staff of Instilling Goodness Elementary and Developing Virtue Secondary Schools Name Si nature 1 ~'~21G~ _ ~`~ t~1 ~~ U5 ' a ~- t ~~ ~ ,. _~ .. ~°~ ~ ~ --~ ~~n~ ly ~5~~~.. ~~,~ ~ t~ C%L L-- i ~. ~~ ,~,.'y--, r---- January 29, 2009 To Whom It May Concern: As parents, teachers and staff at a school that teaches the virtues of compassio'ans rdather thanfownerls'o f heir beings, we believe that it is important for children to view themselves as guard pets or companion animals. Children who have not been raised or educated with this awareness have been known to perpetuate acts of unthinkable cruelty to their own or others pets, often treating the animals as objects, without realizing that they are hurting beings who suffer pain just as much as humans do. We believe that a simple Chang: ~ }he wording of local ordinances that replaces "owner" with "t~r!ardian" is a small but important step towards changing the way individuals, families and society think of and treat our companion animals, which will hopefully reduce the numerous cases of animal neglect, abuse and abandonment as well as contribute to harmony and peace among humans in our society. Sincerely, Parents, Teachers and Staff of Instilling Goodness Elementary and Developing Virtue Secondary Schools Name Si nature ~- .. ~:t'u~.~ e~' •~ i y^. ~lG~ s~' ---~"'" r~'l ' .-.3;t u~ ~~ ~, ~~~ fi`"7,~ v ~/'~~ / J„~,~ L ''_. ~ "" v !~`~~~ ~ ~~G~ ~ i `~ ~ti~ ~ lip V January 30, 2009 Dear Ukiah City Council Members: We believe that we should be guardians of our pets or animals, not owners, because we need to take care of their needs with the kindness of a guardian, and never treat them like inanimate pieces of property. We are convinced that substituting the word "guardian" for "owner" in city ordinances can slowly but surely affect the way young people like ourselves treat animals. Young peopl a who remember that they are guardians of living beings with feelings and needs, will not neglect, abuse, or abandon their pets when they get bored or upset with them. Then the animal shelters will not have to kiltall the stray dogs'and cats that they can no longer support in their crowded facilities. Please approve this change. Sincerely, Students of Instilling Goodness Elementary and Developing;Virtue Secondary. Schools Name Signature iJ ~ i'. '~~ Ir ,.', ~~ li1 t 3~ _e ;:~ e-' :.. T~~~ ~k1S ~-C3~V~ _ i ...~ i _. # r~ Background: Pursuant to City Code Section 1151, at or near the beginning of a Councilmember's four-year term they may nominate one Planning Commissioner who shall be appointed if approved by a majority vote of the City Council. The following is a list of each current Planning Commissioner and the Councilmember who appointed them: Michael L. Whetzel-Appointed by Councilmember Crane Judy Pruden -Appointed by Councilmember Rodin Linda Sanders -Appointed by Councilmember Baldwin Anne Molgaard -Appointed by Councilmember Thomas Discussion: This Agenda item is intended to provide the opportunity for City Councilmember Landis to nominate a Planning Commissioner and for the Council to vote on the nomination. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required --. Recommended Action(s): Councilmember Landis may nominate a Planning Commissioner and Council vote on the nomination. Alternative Council Option(s): NA Citizens advised: NA Requested by: NA Prepared by: JoAnne Currie, Deputy City Clerk Coordinated with: Linda Brawn, City Clerk and Charley Stump, Director of Planning and Community Development Attachments: 1 -City Code Sections 1150, 1151, and 1152 Approved: ~ ~ ;.- ---- Ja Chambers, City Manager e 1150° C ATI There is hereby created a planning commission for the city. (Ord. 396, §1, adopted 1947) 1151° I T To Said commission shall consist of five (5) members who shall be registered voters of the city. At or near the beginning of his or her four (4) year term of office, each member of the city council may nominate one commissioner who shall be appointed to the commission, if approved by a majority vote of the city council. Each commissioner's term of office shall coincide with the four (4) year term of office of the city council member who nominated him or her, regardless of whether that city council member serves his or her full four (4) year term. If a commissioner vacates his or her office before the expiration of his or her term of office, the city council member who nominated that commissioner (or a city council member elected or appointed to fill the remaining unexpired term of office of the city council member who appointed the commissioner) may nominate a replacement to serve the remainder of that commissioner's term of office, who shall be appointed, if the nomination is approved by a majority vote of the city council. If a city council member's nomination receives less than a majority vote, he or she may nominate additional candidates, one at a time, until one of them is appointed by a majority vote of the city council. Commissioners shall be nominated and voted upon at a single city council meeting, unless a different procedure is approved by a majority vote of the city council. If a city council member fails to nominate a commissioner within sixty (60) days after the vacancy occurs, a majority of the city council shall fill the vacancy following the procedure used to appoint members to other city commissions and boards. (Ord. 396, §1, adopted 1947; Ord. 632, §1, adopted 1973; Ord. 710, §1, adopted 1978; Ord. 718, §5, adopted 1978; Ord. 958, §1, adopted 1995; Ord. 1055, §1, adopted 2004; Ord. 1085, §1, adopted 2006; Ord. 1094, adopted 2007) 1152° T S S: A commissioner's term of office shall coincide with the four (4) year term of the city council member who appointed that commissioner, regardless of whether that city council member serves the full four (4) years of his or her term of office. (Ord. 396, §1, adopted 1947; Ord. 710, §1, adopted 1978; Ord. 958, §1, adopted 1995; Ord. 1055, §1, adopted 2004; Ord. 1094, adopted 2007) SUBJECT: DISCUSSION ON POSSIBLE PARTICIPATION IN A CALL FOR AN ALL-CITIES MEETING IN MENDOCINO COUNTY AND APPOINTMENT OF CITY COUNCIL REPRESENTATIVE(S) A letter was received from the City of Fort Bragg's Mayor Doug Hammerstrom inviting Mendocino County cities to participate in an all-cities meeting by sending two City Council representatives. The Ukiah City Council discussed the item briefly under "Council Reports" in a previous meeting, indicating their potential interest in participating. Items outlined in the letter for initial discussion include: 1} Blueprint Planning Project funding in Mendocino County; 2) Strengthening the cities' voice in selection of water quality grant projects; 3) Mendocino Crossing Project: Possible Ballot Measure and Fiscal Impact to Cities; and 4) City Representation on Mendocino County Air Quality Management District. Mayor Hammerstrom proposed hosting the meeting in Fort Bragg, with an initial date of Friday, February 13. The letter of invitation is attached. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required Recommended Actions}: Discuss possible participation and, if appropriate, appoint one or two Councilmembers to represent the City. Alternative Council Option(s): Determine not to participate at this time. Citizens advised: n/a Requested by: Councilmember Rodin Prepared by: Linda Brown, Executive Assistant/City Clerk Coordinated with: Jane Chambers, City Manager Attachments: 1 -Letter from Ft. Bragg Approved: __'~'%~'/l,'... ~~ 1~~ Ja~S~ Chambers, City Manager .mss ,~ r, ti,~;~ ~~~1 ~ s'1 -~1 ~~ ~ ~. V ' Incorporated August 5, 1889 416 N. Franklin St. Fort Bragg, CA 95437 Phone: (707) 961-2823 Fax: (707)961-2802 http://city.fortbragg.com December 8, 2008 Mayor Baldwin and Council City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 Re: Call for e4tl-Cities Meeting in endocino County Dear Mayor Baldwin and Ukiah Council: AT~A~HMEr~T j DEC 1) 2p08 ~~~ A number of important issues are facing all of the cities in Mendocino County and, on behalf of the Fort Bragg City Council, I am inviting your city council to appoint an ad hoc committee to participate in an "all-cities meeting" to discuss these issues. Although we may later decide to hold subsequent meetings, we propose that a meeting be held in February 2009: Materials, a meeting room and lunch will be hosted by the City of Fort Bragg. We propose that eaeh city-send two councilmernbers to the meeting. In Fort Bragg's case, we will do this through the appointment of an ad hoc committee of the City Council, consisting of myself and Councilmember Dan Gjerde. Here are the topics we propose for discussion at the February meeting. 1. Blueprint Planning Project Funding in `tUlendocino County The City of Fort Bragg is asking MCOG staff to provide money to reimburse city and county staff for time they will spend in FYs 2009-11 to participate in the MCOGa-#ed Blueprint Planning process. The grant could not only reimburse city and county staff for their time to help prepare this plan, but it could also provide some funds for community outreach expenses -such as televising meetings, printing dosts, or other expenses not currently fully funded through MCOG's existing Caltrans grant(s). Smart growth planning is extremely important, and the Blueprint can produce a new vision for Mendocino County -but -only if the cities and the county governments are active participants in the creation of this document. If our Mendocino Blueprint Plan recommends a more compact development pattern and identifies where new (re)development would successfully reduce Per Household Vehicle Miles Traveled, the next logical step would be for the MCOG board to allocate future STIP and TE grants to projects in jurisdictions that will help reduce sprawl throughout the county, as identified in the Blueprint Plan. The next Si'IP/TE grant cycle is in 2010. Council members need to take advantage of the opportunity posed by Blueprint Planning, as well as the grants to implement the plan. 2. Strengthen cities' voice in selection of ~ra~~r duality grant projects The cities in our region must access State grants for our water and wastewater plants through a seven county joint powers authority. In the first large grant cycle, the North Coast group only selected one project from the Mendocino County cities - a taken $250,000 to the City of Willits, which Willits turned down (and they can explain why they did this). Instead, in the first Proposition 50 grant cycle the North Coast group awarded $1,439,832 to Covelo and Westport wastewater and water plants, and awarded $1,043,195 to rural habitat restoration projects. In the second Proposition 50 grant cycle, all funds awarded to Mendocino County projects went to rural habitat restoration projects. Even though the state asks if the projects are serving low income "disadvantaged" residents, the North Coast group has so far avoided providing any aid to the low income disadvantaged residents who are concentrated in our cities. Outside of Mendocino County, in the first grant cycle the North Coast group only awarded 18% of its grants to habitat restoration projects. Inside Mendocino County, in the first grant cycle the North Coast group awarded 42% of its funds to rural habitat restoration projects. The Mendocino County Board of Supervisors appoint two people to serve on a technical advisory committee and two people to serve on the governing board of this North Coast group. Let's work together to strengthen the voice of cities in the grant selection process. We have some specific ideas we would like to suggest to do this. 3. Mendocino Crossing rojecto ossibie Ballot Measure and Fiscal Irnpaat to Cities The developers of the proposed Mendocino Crossings have recently said in the Press Democrat that they may pay for an election campaign to allow County voters to either approve their project by initiative, or to overturn an expected denial of their project by the newly elected Board of Supervisors. A rezone of the Masonite site would create the County's largest shopping center. What would be the fiscal impact to the cities and should city councils participate in the community dialogue regarding a passible ballot measure? 4~. City Representation on enocino County Air C~uatity iVianageer~t istrict In most regions of California, the air district board includes membership from city councils. This is not the case in Mendocino County, even though every residential, commercial and governmental vehicle residing in our cities is contributing a $6 annual fee to the Mendocino County Air Quality Management District (AQMD). We feel that if the AQMD included a more urbanized perspective, the agency's funds would be directed to create long-term solutions to curb all forms of air pollution, including greenhouse gas emissions -rather than the County's frequent practice of tapping these funds to temporarily repair rural gravel roads. (As California Health and Safety Code 40104 notes, "A county may delegate air pollution rulemaking and enforcement duties to a duly created joint powers authority established for air pollution control purposes."} Again, the Fort Bragg City Council hopes your city council will see the advantage of participating in this meeting. We propose to meet in February, and would initially propose we hold the_ meeting on Friday February 13. . Best regards, ~' ~ ----- ~~ Doug Ha erstrom Mayor Cc: Fort Bragg City Council - - `..::~ 4 ~.~_1. ~~ [`i[r/ vJ ~Z-t'/~i~tft ITEM NO.: 11c MEETING DATE: February 4, 2009 i4GEND~4 SUMM~-Rlf REPORT SUBJECT: UPDATE REGARDING JUDICIAL COUNCIL OF CALIFORNIA, ADMINISTRATIVE OFFICE OF THE COURTS (AOC): STATUS OF COURT FACILITIES PLANNING FOR MENDOCINO COUNTY COURTHOUSE Background: Council will recall that a planning effort for the construction of a new County Courthouse has been underway under the auspices of the Judicial Council of California Administrative Office of the Courts (AOC). Senate Bill 1407 enacted on September 26, 2008, provided enhanced revenue streams and authorized $5 billion in lease-revenue bonds for trial court facility construction. This action followed on the Trial Court Facilities Act of 2002, which provided for the new construction and updating of Trial Court facilities throughout California. The Superior Court of Mendocino County now appears on a list for consideration of funding within the $5 billion bond measure. A process for recommending new construction projects to the California Department of Finance has been established by the AOC. The schedule calls for a potential fast track 62-month award and construction process, beginning in November, 2009, for projects funded. In order to determine which projects are ultimately recommended for funding, a process of project feasibility is now being undertaken by the AOC, and requires that recommendations for sites for the relocation of the Court facilities be made by May, 2009. Discussion: For the City of Ukiah, the May 2009 deadline means that selection of a site and/or sites to recommend to the State for placement of the new building must be made. Much discussion has already taken place with regard to the re-location of the Courthouse, and it is proposed that a Council Ad-Hoc committee be assigned to work with staff to develop the most feasible site recommendations, and to develop a process for community review and discussion of the proposed sites} prior to recommendations formally being made to the State's AOC office. The Council Ad-Hoc which had been working on this item was Council member Rodin and former Council member McCowen. Continued on Page 2 Recommended Action(s): Council appoint an Ad-Hoc committee to work with staff to address the site selection process necessary in order that a recommendation can be made to the AOC by May, 2009 on the location of a new Superior Court in Ukiah. Alternative Council Option(s): Citizens advised: n/a Requested by: Prepared by: Jane Chambers Coordinated with: Attachments: Approved: -_ - a eChambers, City Manager Subject: AOC Status Court Facilities Planning for Mendocino County Courthouse Meeting Date: February 4, 2009 Page 2 of 2 As Council is aware, the County of Mendocino has engaged in a site feasibility study, dated March 20, 2007, which explored the feasibility of a criminal justice center location that would include the new Courthouse building. Discussions are taking place at a staff level with the County to explore mutually beneficial ways in which the Courthouse location can be retained in the Ukiah downtown area, instead of becoming part of the criminal justice center as currently proposed. As Council may be aware, the County of Mendocino has significant financial interest in co-location of the Courthouse with future jail and county sheriff facilities. County staff intends to make a formal presentation to the City's Ad-Hoc committee regarding these fiscal impacts, as a part of working with the City on site issues. It should be noted that the building of a new Superior Courthouse is a project of the State of California, specifically, the AOC's office. It is not a project that will be undertaken by either the County of Mendocino, or the City of Ukiah. Both the County and the City are invited as a part of the process, to recommend sites for the building, but the selection and the funding of the project will be a decision made by the State. The County and the City have been encouraged, both by the process, and by the Court's Administrator, to work together to address the site issues if at all possible, with the goal that the project's overall feasibility and selection for funding could be enhanced by agreement and/or mutual effort on a site location. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required 11d February 4, 2009 SUBJECT: CONSIDERATION AND POSSIBLE INTRODUCTION OF CITY SEWER ORDINANCE AMENDING SECTIONS 3798A, 3704.2 AND 3706.7 AND UPDATING REFERENCES TO BUILDING AND RELATED CODES IN SECTIONS 9277.A AND J, 9278.6 AND 9543.A OF THE UKIAH CITY CODE Summary: The ordinance attached as Attachment 1 addresses: (1) a concern expressed by the Ukiah Valley Sanitation District ("District") about the recent amendments to the City's grease trap ordinance, and (2} outdated references to the Uniform Building Code in certain sections of the Ukiah City Code. Section One of the attached ordinance addresses the District's concern about Section 3798A(c) discussed below, and two other sections in the City's sewer ordinance. Section Two of the ordinance addresses other sections of the Ukiah City Code which contain outdated references to uniform building and related codes. The outdated references to "uniform" are changed to the currently correct "California," e.g., California Building Code, California Plumbing Code and California Fire Code. Section One The District has raised a concern about Section 3798A of the Ukiah City Code which the City Council adopted on October 1, 2008. That section reads in pertinent part: "(c) This Article shall apply to the City of Ukiah and to persons outside the City and the Ukiah Valley Sanitation District (District) who, by contract or agreement with the City or the District, are users of the City's POTW. This Article rather than the Districf's Grease Interceptor Ordinance No. _ shall apply to properties located bofh in the City and the District. (Emphasis added.) Jeanine Nadel, Mendocino County Counsel, on behalf of the District objects to this sentence, because she does not believe the City has the authority to prevent the District from Continued on Page 2 Recommended Action: Consider whether to introduce the proposed sewer ordinance. If the City Council decides to make the amendments, it should pass a motion to introduce the ordinance by title only, request the Deputy City Clerk to read the ordinance title, and, then, pass a motion to introduce the ordinance. Alternative Council Option(s): Propose revisions to the ordinance; decline to introduce the ordinance; delay adoption of the ordinance pending a discussion with the Ukiah Valley Sanitation District concerning which ordinance should apply in areas of overlapping jurisdiction. Citizens advised: N/A Requested by: City Attorney Prepared by: David J. Rapport, City Attorney Coordinated with: Jane Chambers, City Manager Attachments: Attachment 1 -Proposed Ordinance ~ n, Approved: , ~!~ ~ ;~... Jar, Chambers, City Manager Subject: Consideration and possible introduction of ordinance Meeting Date: 2/4 /2009 Page 2 of 2 applying its ordinance to properties located within its geographical boundaries, even if those properties are also located within the Ukiah city limits. I agree. (See South Santa Clara Valley Water Conservation Dist. v. Santa Clara Valley Water District (1978) 76 Cal. App. 3d 852, 861 [partial inclusion of a district within a city having all of the powers of the district, and more, does not operate to dissolve the district in the overlapping area].} It may make sense for only one grease trap ordinance to apply within an area of overlapping jurisdiction, but that would have to be negotiated and agreed upon by the City and the District. In the absence of an agreement, both ordinances apply and either one can be enforced in the area of overlapping jurisdiction. For that reason, the proposed amendment to Section 3798A deletes the sentence highlighted above. In reviewing the sewer ordinance, I noted that section 3704.2 refers to the uniform plumbing code. The proposed amendment would update the section to reference the California Plumbing Code. Section 3706.7.F, adopted in 1985, contains provisions governing grease interceptors. To avoid possible conflicts between that existing section of the sewer ordinance and the provisions of Article 17 adopted in October, an introductory clause has been added to the first section of the sentence to read: "In accordance with Article 17 of Chapter 2, Division 4 of the Ukiah City Code, commencing with Section 3798.A, ... " Section Two Sterling Codifiers, which maintains the Ukiah City Code for the City, has brought to the City's attention certain outdated references to uniform codes in sections of the Ukiah City Code. The state now adopts its own versions of the uniform codes adopted by the International Conference of Building Officials. The versions of those codes, now called the California Building Code, etc., must be adopted by local governments. Accordingly, Section Two of the attached ordinance changes those references. Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ~ Not Applicable ~ Budget Amendment Required ATTacHMENT ~ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 379$.A, 3704.2, 3706.7, 3000, 8336, 9150, Subsections B and J, 9277, Subsection B, 9278, and 9543, Subsection A of the Ukiah City Code. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Sections 3798A, 3706.4, and 3706.7, of the Ukiah City Code are hereby amended to read as follows: §3798A: PURPOSE, POLICY, AND ADMINISTRATION: (a) The purpose of this Article is the regulation of the generation and disposal of grease interceptor waste for the protection of the City of Ukiah (City) Sewage Treatment Plant (POTW) and the environment. (b) The objective of this Article is to reduce the operational and maintenance costs of maintaining the POTW and ensure compliance of State Water Resources Control Board (SWRCB) permits, including the City's National Pollutant Discharge Elimination System (NPDES) permit by preventing the accumulation of Grease within the collection system. (c) This Article shall apply to the City of Ukiah and to persons outside the City and the Ukiah Valley Sanitation District (District) who, by contract or agreement with the City or the District, are users of the City's POTW. 3704.2: DESIGN AND CONSTRUCTION REQUIREMENTS: Design and construction of building laterals and street laterals shall be in accordance with the requirements of the district and/or city as adopted from time to time, including, but not limited to, the California plumbing code as adopted by the City. 3706.7: IMPLEMENTING PROVISIONS: F. Interceptors Required: In accordance with Article 17 of Chapter 2, Division 4 of the Ukiah City Code, commencing with Section 3798.A, grease, oil and sand interceptors shall be provided when in the opinion of the City they are necessary for the proper handling of liquid wastes, containing grease in excessive amounts, or any flammable PAGE 1 OF 5 PAGES AGENDA ITEM NO. wastes, sand and other harmful ingredient; except that such interceptors shall not be required for buildings used for residential purposes. All interceptors shall be of a type and capacity currently designated by the California Plumbing Code, and shall be so located as to be readily and easily accessible for cleaning and inspection. In addition, commercial or industrial waste discharges may be required to provide holding tanks with provision for neutralization, temperature control or rate-of-discharge control to avoid slug loadings or excessive flow rates. The Director of Public Works may require screening of any flow of commercial or industrial sewage as is required to protect the usefulness of the sewage system of the City. Such screens shall have the equivalent to twenty (20) meshes to the linear inch, both directions. No insoluble material of such size that will not pass through the screen herein required, may be discharged or permitted to enter the sewage system of the City. G. Maintenance of Interceptors: All grease, oil and sand interceptors shall be maintained by the owner at his expense, in continuously efficient operation at all times, and corrected immediately on notice of deficient operation, and In accordance with Article 17 of Chapter 2, Division 4 of the Ukiah City Code, commencing with Section 3798.A. SECTION TVVO Sections 3000, 8336, 9150, Subsections B and J, 9277, Subsection B, 9278, and 9543, Subsection A of the Ukiah City Code are hereby amended to read as follows: 3000: ADOPTION OF MODEL CODES: Except as amended or modified by other provisions of this division, the city council hereby adopts by reference and makes effective within the city, the following: The versions of the model codes and specific appendices, as listed and defined in sections 3001 through 3010 of this chapter, which have been adopted by the state of California within title 24 of the California Code of Regulations, as they are adopted, amended, or repealed from time to time pursuant to chapter 2 of part 1.5 of division 13 of the Health and Safety Code (commencing with section 17920) including the California Code of Regulations, California building code, California electrical code, California mechanical code, California plumbing code, California energy code, California elevator safety construction code, California historical building code, California existing building code, and the California referenced standards code 8336: GRADING AND EROSION CONTROL: Every map approved pursuant to this Chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in the California Building Code as from time to time adopted by the City. PAGE 2 OF 5 PAGES AGENDA ITEM NO. 9150: DEVELOPMENT STANDARDS: Condominium developments, either new structures or the conversion of existing structures originally built for sale or lease, shall be permitted in any district upon the securing of use permit, provided that the following standards are met: *** B.Classification: Residential condominiums shall be classified as follows: 1. Horizontal condominiums shall be buildings in which single-family units are constructed, either as separate structures or as self-contained units, within a common structure having individual entrances and utility connections, no opening in any wall common to two (2) or more units and no part of any unit on top of any part of any other unit. 2. Vertical condominiums shall be any duplex, triplex or apartment house, as defined in the California Building Code of the City (Chapter 1, Division 3) in which condominium any part of any dwelling units is on top of any part of any other dwelling unit. *** J.Occupancy Type: Condominiums shall be Group 1 occupancy as defined in the California Building Code (Chapter 1, Division 3 of this Code). 9277: TERMINOLOGY: *** B."Building Official" means the person designated by the California Building Code, as adopted by the City, as responsible for enforcement and administration of the building code. *** 9278: DEFINITIONS: *** FLOOR AREA, GROSS: The total enclosed area of all floors of a building, measured to the surfaces of exterior walls, including halls, stairways, elevator shafts, service and mechanical equipment rooms, light wells, courts, and basement, cellar or attic areas deemed usable by the building official or habitable by the California Building Code. *** PAGE 3 OF 5 PAGES AGENDA ITEM NO. 9543: ESTABLISHMENT OF CAPITAL IMPROVEMENT FEES: A. Creation by Resolution: By resolution the City Council shall establish such capital improvement fees as it determines are necessary to contribute toward the financing of public facilities. Each such resolution shall: 1. Establish and describe the benefit and impact area within which the fee shall apply; 2. Set forth the specific amount of the fee; 3. List the specific public improvement or improvements to be financed; 4. Describe the estimated cost of these facilities, and associated costs such as necessary engineering services and administrative costs; 5. Describe the reasonable relationship between the fee and the types of new development to which it will apply; 6. Set forth the time when the fee must be paid as follows: a. As to residential development that time shall not be sooner than the date of final inspection or the date the certificate of occupancy is issued, whichever occurs first. The City shall not furnish utilities to occupants of any such residential development prior to final inspection and the issuance of a certificate of occupancy. The City shall disconnect utilities furnished to a residential development if that development is occupied prior to final inspection and the issuance of a certificate of occupancy. In accordance with the ??2136 to 2137, the City shall revoke the business license issued pursuant to Division 2 of this Code to any person (as defined in ?2100) engaged in a business (as defined in ?2101), if such person participates as seller, broker or otherwise in the sale of a residential development to an occupant of that development before final inspection and issuance of a certificate of occupancy. The City shall not issue a new business license to a person whose license is revoked as provided herein for a period of two (2) years. b. As to all other development that time shall be at the time a building permit is issued. c. No certificate of occupancy or building permit, as appropriate, shall issue until the required fees are paid. "Building permit," "final inspections," and "certificate of occupancy," as used in this Section, have the same meaning as described in the California Building Code, as adopted by the City of Ukiah. *** SECTION THREE PAGE 4 OF 5 PAGES AGENDA ITEM NO. This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phil Baldwin, Mayor ATTEST: Linda Brown, City Clerk PAGE 5 OF 5 PAGES AGENDA ITEM NO. ~~- ,; ~._ ~~~ ~: _ ~. C'itiJ <?/ 'Ztkcafi ITEM NO.: MEETING DATE: 11e 2/4/2009 SUBJECT: CONSIDERATION AND POSSIBLE APPROVAL OF TOLLING AGREEMENT BETWEEN THE CITY OF UKIAH AND MENDOCINO COUNTY REGARDING PROPERTY TAX ADMINISTRATION FEES Summary: Attached as Attachment 1 is a draft of a Tolling Agreement between the City of Ukiah and Mendocino County. The County Board of Supervisors has approved the agreement, initially proposed by the City of Fort Bragg and has agreed to sign identical agreements with Willits and Ukiah. The Tolling Agreement addresses a topic that is the subject of existing disputes/litigation between a group of cities and counties in Southern California, relating to property tax administration fees. The underlying basis of the disputes/litigation is that cities are claiming that the amount of property tax administration fees that have been collected by counties over the past few years was disproportionate to the amount of property tax paid to cities. These claims of apparent "dsproportionality" are related to the tax-shifting scheme out of Sacramento from a few years back that was commonly referred to as the "triple flip." Without getting into the details of the "triple flip" tax re-allocation, suffice it to say that one of the unintended consequences of that program appears to be related to property tax administration fees. The outcome of this dispute could affect the City of Ukiah. The attached agreement "tolls" the statute or statutes of limitation that would otherwise apply to the City, if it wanted to file a law suit to recover any overpayment of property tax administration fees. By agreeing that the statutes of limitation are not running against such a law suit, the cities in Mendocino County and the County are not required to resolve the underlying issues immediately. The resolution will probably occur as a result of the litigation in Southern California which could well produce a court of appeal decision that will bind future courts. The attached tolling agreement is modeled after one that has already been executed in Sonoma County between the County and each (or at least most} of the cities in the County. Continued on Page 2 Recommended Action: Approve and authorize the City Manager to sign the tolling agreement attached as Attachment 1. Alternative Council Option(s): Refuse to approve agreement; make changes to the agreement. Citizens advised: N/A Requested by: City Attorney Prepared by: David J. Rapport, City Attorney Coordinated with: Jane Chambers, City Manager Attachments: Attachment 1 -Tolling Agreement ~'., Approved: - -~.._ l l .®- J,~e Chambers, City Manager Subject: Consideration and possible approval of City-County Tolling Agreement Meeting Date: 2/4 /2009 Page 2 of 2 Fiscal Impact: Budgeted FY 08/09 ~ New Appropriation ® Not Applicable ~ Budget Amendment Required ATTACHMENT 1 T®I.,LII~IG AGI~EElVIE1V'I, ~E'T~VEEN 'I' E C®Ul~'I'Y ®F MEIN)®CIN® AND ~' E CITY ®F IJ AI3 This Tolling Agreement ("Tolling Agreement" or "this Agreement") is entered into between the County of Mendocino ("County") and the City of Ukiah ("City"), collectively referred to as "the parties." RECITALS A. State law provides a methodology to recover a portion of the cost of property tax administration from local jurisdictions that receive property tax revenue. B. A Dispute exists regarding the interpretation of the various code sections, including but not limited to Revenue & Taxation Code sections 95.3 and 97.75 ("Dispute"), regarding the amount of property tax administration costs that should be charged by the County to City. C. The central issue in the Dispute is a question of law. This issue is likely to be .decided either through a judicial interpretation of existing statutes and guidelines; through clarifying legislation; or by reliance on statewide guidelines. D. It is in the best interests of the parties to avoid, if possible, the expenditure of time and resources litigating any claims, causes of action, and defenses that relate to the Dispute. E. The parties intend to toll any and all applicable statutes of limitation relating to any and all claims, suits, causes of action, and defenses that could, as of the date of this Agreement, be timely filed or exerted against the other party, its officers or agents, regarding the application of charges, collection, allocation, and/or distribution of revenue from charges imposed as property tax administration fees. Further, the parties intend to preserve and toll the right to file any claim, suit, cause of action, or defense that accrues before this Agreement is terminated. Accordingly, in consideration of the mutual understandings and promises set forth in this Toiling Agreement, the parties agree as follows: -1- ATTACHMENTI AGREEMENT 1. The parties agree that the period of time for commencing any claims, suits, causes of action, and defenses that could, as of the date of this Agreement, be timely filed or exerted against the other party, its officers or agents, regarding the application of charges, collection, allocation, and/or distribution of revenue from charges imposed as property tax administration fees that would be timely on the date this Toiling Agreement is executed, and any future claims, suits, causes of action, and defenses that accrue to such party before this Agreement is terminated, is tolled from the effective date of this agreement, until the earlier of the following: (i) The expiration of sixty (60) days from the date one party delivers to the other party via hand delivery, United States mail, or facsimile transmission, notice that the terminating party desires to terminate this tolling agreement; (ii) The expiration of ninety (90) days from the date that any California Court of Appeal renders a published decision in a case involving the issue of one or snore California counties' calculation of the property tax administration fee pursuant to the Revenue and Taxation Code, as such fees relate to cities in those counties, unless such decision is appealed to the California Supreme Court, in which case the Agreement shall expire ninety (90) days from the date the Court declines to accept the case on appeal, or if the case is accepted, ninety (90) days after the decision of the California Supreme Court on the merits of the case becomes final; (iii) The expiration of ninety (90} days from the date the Dispute is resolved by a legislative enactment, or administrative action, such as implementation of a revision of statewide guidelines governing the calculation of property tax administration fee. 2. This Tolling Agreement does not constitute an admission by either party of liability, or an admission that any cause of action exists in favor of either party for any claim referred to in this Agreement. 3. This Tolling Agreement does not constitute an admission or acknowledgment by either party that the other party either has or does not have existing statute of limitations defenses as of the date this Tolling Agreement is executed. 4. Each party agrees not to file any action against the other party relating to the alleged claims or causes of action described in this Agreement, unless the Agreement has been terminated as set forth in this Agreement. 5. Either party may terminate this Agreement by giving written notice to the other party, in the manner described in Sections 1(i) and 6 of this Agreement, of its intent to terminate. Termination of this Agreement shall be effective upon notice -2- ATTACHMENT 1 being served in accordance with this Agreement. However, the provisions of Section 1 of this Agreement shall survive any such termination, it being the intent of the parties that the procedures described in Section 1 are material terms of this Agreement, and the parties would not have entered into this Agreement without assurance that such terms were intended to survive the expiration or termination of this Agreement. 6. Unless otherwise requested by a party, all notices, demands, requests, consents or other communications which may be or are required to be given by either party to the other shall be in writing and shall be deemed effective upon service. Notices shall be deemed to have been properly given when served on the party to whom the same is to be given by hand delivery, by facsimile, or by deposit in the U.S. snail addressed to the party as follows: COUNTY: County of Mendocino Tom Mitchell, Chief Executive. Officer 501 Low Gap Road Room 1010 Ukiah, CA 95482 Fax: 707- AND (optional) Jeanine Nadel, County Counsel 501 Low Gap Road, Suite 1030 Ukiah, CA 95482 Fax: 707- CITY: City of Ukiah Jane Chambers, City Manager Ukiah Civic Center 300 Seminary Ave. Ukiah, CA. 95482 Fax: 707-463-6204 AND (optional) David J. Rapport, City Attorney Rapport and Marston 405 W. Perkins Street Ukiah, CA. 95482 Fax: 707-462-4235 -3- ATTACHMENT 1 7. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. This instrument contains the entire agreement, for purposes of addressing the statute of limitations only, between the parties, and no statement, promise, or inducement made by either party or agents of the parties that is not contained in this written contract shall be valid or binding; and this contract may not be enlarged, modified, or altered except in writing signed by the parties. 9. Each of the individuals executing this Agreement on behalf of the undersigned parties represents and warrants that he or she has the right, power and authority to bind the party on whose behalf he or she purports to sign. 10. This Agreement may be executed in counterparts or by facsimile. CITY OF UKIAH: By: Jane Chambers, Executive Director ATTEST: By: Linda Brown, City Clerk Approved as to form: By: COUNTY: By: ATTEST: By: David J. Rapport, City Attorney Tom Mitchell, Chief Executive Officer Christie Furman, Clerk of Board of Supervisors -4- ATTACHMENT 1 Approved as to form: By: Jeanine Nadel, County Counsel -5-