Legislation – What’s Hot . . . . . . .

Kelly Crouch, CFA Legislative Information Liaison                                                                      Sharon A. Coleman, CFA Legislative Legal Analyst                                                               

September 2019

City of Los Angeles Feral Cat Program Delayed Years by Bureaucracy, Now in Comment Period

The City of Los Angeles engaged in minimal Trap-Neuter-Return (TNR) efforts since the early 1990s. In 2005, recognizing that extermination of feral cats was neither humane nor cost-effective, the City started to develop an official policy for modest TNR efforts.  Environmental and bird groups¹ sought (2008) and in January 2010 obtained a permanent injunction against the City. The injunction prohibited the City from engaging in or facilitating others’ work in the TNR program until it meets the requirements of the California Environmental Quality Act (CEQA), Case No. BS115483. In March of 2010, the injunction was modified in two ways. The City was allowed to release feral cats to groups who agree in writing to not release the cats at the trapping location and its animal shelters were permitted to distribute publications that included information on TNR among the topics covered. In 2013 the City prepared a Mitigated Negative Declaration but modified that plan to the program proposed in the current Draft Environmental Impact Report (DEIR), Section 15082 of the State CEQA Guidelines. In 2017, the City approved the plan covered by the current City of Los Angeles DEIR now in the comment period in the fall of 2019.

In the original litigation, the City agreed that environmental review would be done eventually but its activities were so early in the planning stages and the review process stopped for budget reasons, this had not yet been accomplished. The City also contended that its activities to date did not constitute a TNR program, but the court rejected this argument. The final judgment and injunction prohibited the city from implementing a “trap, neuter, release” program until a CEQA environmental review was completed. Contemplating a lengthy, expensive process that could delay implementation for many years, in February 2010, two organizations attempted to intervene in the litigation. The No Kill Advocacy Center, a policy organization led by Nathan Winograd, and the Stray Cat Alliance, that operates in the County of Los Angeles and advocates for every cat’s “right to be safe, healthy and valued,” brought an ex parte motion to intervene claiming that a CEQA review is not required before implementing a TNR program.

The motion was denied and the denial affirmed on appeal, finding the issue moot and never a claim in contention. Rather the City claimed in the original litigation that its plan had not developed to the extent requiring a CEQA review, not that the City wanted to oppose the need for CEQA review.²

The question of whether CEQA review is required for this TNR program was acceded to by the original parties. The program has already been delayed by over a decade. Moneys that could have been spent for the welfare of cats have instead supported years of bureaucratic process and largely redundant documents. Now, the time has come for action. The plan evaluates the potential environmental effects of the proposed Citywide Cat Program and seeks input on the DEIR from public agencies, residents, and other interested project stakeholders. The DEIR and its separate Appendices are lengthy but contain information of interest to anyone concerned about cats and the environment and how the CEQA process works. Comments can be submitted in writing until October 28^th or at a public meeting on Monday, October 7, 2019, 6:00 p.m. at the Ramona Hall Community Center, 4580 N Figueroa St, Los Angeles.

The DEIR contains comments from the 2017 Public Scoping Meeting, an in-depth discussion of the Environmental Impact and Alternatives analysis, a discussion of the County of Los Angeles free-roaming cat policies, along with other information that contributed to the development of the Citywide Cat Program. The Program addresses funding issues, whether changes to applicable law would be required, how to implement the program, establishing collaborative relationships with TNR organizations, and public education. One item of particular interest to resident pet owners is that the City proposes to amend the Los Angeles Municipal Code to allow up to five cats per household. Before LA fanciers get too excited, that increased number would be subject to restrictions. Any household with more than three cats must keep them inside at all times, sterilize and microchip all the cats, and the household must register with the Department of Animal Services.

The only environmental impact concerns with the program include biological resources, public health, and water quality. Those who support euthanasia over TNR argue that free-roaming cats impact populations of birds, rodents, and other prey. There are public health concerns potentially affecting humans, such as fleas and parasites. Finally, there is the concern that cat feces may contaminate bodies of water. Researchers determined that the proposed project would result in no impact or less-than-significant impact for all resource areas.

The DEIR discusses a total of 13 possible alternatives to the recommended Citywide Cat Program. These include increased enforcement of the mandatory spay/neuter ordinance, cat licensing, enact a no-roaming ordinance for owned cats, and reduce the permissible number of cats per residence from the three cats currently permitted. None of the alternatives met all of the program objectives.

Additional documents on the proposed Citywide Cat Program, including the DEIR, its Appendices and how to provide written comments, are located at the City’s Bureau of Engineering website.

 

¹ Urban Wildlands Group, Endangered Habitats League, Los Angeles Audubon Society, Palos Verdes/South Bay Audubon Society, Santa Monica Bay Audubon Society, and American Bird Conservancy.

² https://www.leagle.com/decision/incaco20101206013#

 

Please report legislation happening in your area to the Legislative Group – legislation@cfa.org    Visit the CFALegislativeNews Facebook page and the CFA Legislative Group Blog to see the current legislative news.