HomeMy WebLinkAboutMinutes - June 17, 2014 SMLODI CITY COUNCIL
SPECIAL CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, JUNE 17, 2014
A. Call to Order / Roll Call
The Special City Council meeting of June 17, 2014, was called to order by Mayor Katzakian at 7:00
a. m.
Present: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Hansen, and
Mayor Katzakian
Absent: Council Member Mounce
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk/Legislative Affairs
Officer Johl-Olson
B. Regular Calendar
B-1 Presentation of Proposed Changes to Lodi Municipal Code Title 6 (Animals) and Review Animal
Shelter Fees (PD)
Animal Services Officer Jennifer Bender provided a PowerPoint presentation regarding the animal
update to Lodi Municipal Code Title 6. Specific topics of discussion included changes to the municipal
code pertaining to vicious and potentially dangerous dogs and fees.
In response to Mayor Pro Tempore Hansen, Ms. Bender stated turtles were removed from the total
number of animals allowable because they are hard to manage since they may be in private ponds.
In response to Council Member Nakanishi, Ms. Bender stated the five domestic animal number is
specific to Lodi, the County number is three, and Stockton is four. Ms. Bender confirmed that turtles do
not count toward the total number of animals allowed in Lodi.
In response to Mayor Katzakian, City Attorney Magdich stated bees are covered under State law.
In response to Council Member Johnson, Ms. Magdich provided an overview of the service dog
regulations as proscribed by the State and the challenges associated with the same.
In response to Mayor Pro Tempore Hansen, Ms. Bender stated one bat in our jurisdiction previously
tested positive for rabies and there is no outbreak concern.
A brief discussion ensued between Council Member Nakanishi and Ms. Bender regarding mandatory
rabies vaccinations for cats and surrounding jurisdictions that are requiring the same.
In response to Council Member Johnson, Ms. Bender provided an overview of what is required of the
owner during the 30 -day period after a dog is found to be vicious.
In response to Mayor Pro Tempore Katzakian, Ms. Magdich stated whether or not insurance is
available through a homeowner's insurance policy for a vicious dog is dependent upon the particular
insurance policy. A brief discussion ensued amongst Mayor Pro Tempore Hansen, Mr. Schwabauer,
and Ms. Magdich regarding the same.
In response to Mayor Pro Tempore Hansen, Ms. Magdich stated notification will be provided to the City
of insurance cancellations by the insurance company.
In response to Council Member Johnson, Ms. Magdich provided an overview of the administrative
hearing process for a vicious dog declaration. Ms. Magdich stated the State process is more lenient
than the City's process.
In response to Council Member Nakanishi, Ms. Bender stated Stockton and Sacramento also require
the $100,000 insurance for vicious dogs.
In response to Mayor Pro Tempore Hansen, Ms. Bender stated in 2014 there was one case and they
moved out of the jurisdiction, in 2013 there were three cases and all three were put down, and in 2012
there were six cases and four were put down.
A brief discussion ensued amongst Council Member Nakanishi and Mr. Schwabauer regarding the
practice of the one bite rule when a dog bites a human being.
In response to Council Member Nakanishi, Ms. Magdich stated the final decision of a vicious dog
determination rests with the City Manager.
In response to Council Member Nakanishi, Ms. Bender stated a dog cannot be tied up for more than a
three-hour period.
In response to Mayor Pro Tempore Hansen and Council Member Johnson, Ms. Magdich stated staff is
requesting elevating the infraction to a misdemeanor to ensure certain instances specific to human
being bites can be prosecuted at a misdemeanor level.
In response to Council Member Nakanishi, Ms. Bender stated the Animal Commission has discussed
and agreed to the proposed recommended changes to the ordinance. Ms. Magdich stated the
ordinance section pertaining to animal waste is 6.14.030.
A brief discussion ensued regarding guard dogs specifically placed at a particular business by the
owner as a deterrent.
B-2 Adopt Resolution Implementina Recommendations of the Animal Commission as Presented in
the Annual Report (PD)
In response to Mayor Pro Tempore Hansen, Ms. Bender reviewed the proposed changes to the bylaws
based on the recommendations provided by the Animal Commission in its annual report.
In response to Mayor Pro Tempore Hansen, Ms. Bender explained that the Animal Commission had
asked that People Assisting the Lodi Shelter (PALS) be appointed as a member to the Commission but
since it is an individual organization that was not possible. She stated PALS continues to participate
through its contract with the City whereby it operates the shelter.
A brief discussion ensued amongst the City Council regarding abolishing the Animal Commission. The
City Council provided direction to bring the matter back for consideration at a future City Council
meeting.
Myrna Wetzel spoke in regard to her concerns about leash laws and animals not being leashed while in
the front yard.
Mayor Pro Tempore Hansen made a motion, second by Council Member Johnson, to adopt Resolution
No. 2014-102 implementing recommendations of the Animal Commission as presented in the Annual
Report, including the sending of the bam yard cat letter.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Hansen, and
Mayor Katzakian
Noes: None
Absent: Council Member Mounce
C. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at 8:00
a. m.
ATTEST:
Randi Johl-Olson
City Clerk/Legislative Affairs Officer