CC Resolution 9569
RESOLUTION NO. 9569
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL, ELECTING TO COMPLY WITH
CERTAIN ANIMAL HOLDING PERIODS SET FORTH
UNDER STATE LAW IN EFFECT ON JUNE 30, 1999,
PURSUANT TO THE TERMS OF ABl482 (ALQUIST)
HOLDING PERIODS SET FORTH IN CHAPTER 752 OF
STATUTES OF 1998 OF THE STATE OF CALIFORNIA
AND TO PRESENT THAT PLAN TO THE CITY COUNCIL
WITHIN SIXTY (60) DAYS, AND AUTHORIZING THE
CITY MANAGER TO TAKE ANY ACTIONS TO EFFECT
THIS ELECTION AND THE ACTIONS CONTEMPLATED
UNDER THIS RESOLUTION, AND AUTHORIZING
STAFF TO ENTER INTO NEGOTIATIONS WITH THE
IRJMANE SOCIETY FOR A ONE- YEAR EXTENSION FOR
ANIMAL SERVICES
WHEREAS, following a duly noticed public hearing, the City Council
hereby declares and states:
WHEREAS, Chapter 752 of the Statues of 1998 of the State of
California, amended or added Sections 31108, 31752, 31752.5 and 31754 to the
Food and Agricultural Code setting forth certain minimum required holding
periods for various animals, effective July 1, 1999; and
WHEREAS, AB1482 (Alquist) has recently been signed by the Governor
of the State of California, having been passed as an emergency measure to be
effective immediately; and
WHEREAS, AB1482 will allow cities that had a contract for the
provision of animal shelter holding services on January 1, 1999, to elect by
Resolution to comply with the holding periods set forth under state law on June
30, 1999, under certain conditions; and
WHEREAS, the City of Campbell ("City") and the Humane Society of
Santa Clara Valley ("Humane Society") have entered into agreements under
which the Humane Society has provided various animal control and sheltering
services to the City since 1996 through the present; and
WHEREAS, the Humane Society impounded thirty-four thousand three
hundred thirty-two (34, 332) animals from July 1, 1998 through June 30, 1999,
and expects to impound thirty-five thousand (35,000) animals under the holding
periods required by Sections 31108,31752,31752.5, and 31754, as amended or
added by Chapter 752 of the Statues of 1998, in the current fiscal year; and
Page 2
WHEREAS, the Humane Society euthanized twenty-two thousand two
hundred twenty-two (22,222) animals from July 1, 1998 through June 30, 1999,
at a cost of one million eight hundred fifty-four thousand six hundred ninety-two
dollars ($1,854,692); and
WHEREAS, the number of animals adopted or reunited with their
owners from July 1, 1998 through June 30, 1999, was eleven thousand thirty-
nine (11,039) at a cost of one million eight hundred seventeen thousand eight
hundred ninety-five dollars ($1,817,895); and
WHEREAS, the percentage of cage space used by the Humane Society
from July 1, 1998 through June 30, 1999, was one hundred percent (100%), and
the percentage of cage space predicted to be needed in order to comply with the
holding periods required by Sections 31108, 31752, 31752.5, and 31754 as
amended or added by Chapter 752 of the Statues of 1998, in the current fiscal
year, is one hundred percent (100%); and
WHEREAS, the Humane Society has informed the City, and the City
hereby determines, based on informational findings of local circumstances, that
the Humane Society, independently or in conjunction with other animal pounds
or animal shelters, cannot reasonably comply with the longer holding periods
required under Sections 31108, 31752, 31752.5, and 31754, as added or
amended by Chapter 752 of the Statues of 1998, due to the lack of sufficient
facilities; and
WHEREAS, the City desires to comply with the holding periods
specified under state law on June 30, 1999, until a plan is adopted and
implemented to meet the holding periods required by Sections 31108, 31752,
31752.5, and 31754, as amended or added by Chapter 752 of the Statutes of
1998, on or before July 1, 2000;
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY
COUNCIL OF THE CITY OF CAMPBELL, CALIFORNIA, as follows:
SECTION 1. Pursuant to the requirements of AB1482, the City Council hereby
states that the City and the Humane Society have entered into an agreement for
the provision of animal control and animal sheltering services for the City from
1996 through the present. On October 7, 1996, the City Council approved a
contract with the Humane Society through June 30, 2000.
SECTION 2. The Humane Society has informed the City and the City Council
hereby determines, based on informational findings of local circumstances, that
the Humane Society, independently or in conjunction with other animal pounds
or animal shelters, cannot reasonably comply with the longer holding periods
required under Sections 31108, 31752, 31752.5, and 31754, as added or
amended by Chapter 752 of the Statues of 1998, due to the lack of sufficient
facilities.
Page 3
SECTION 3. The City Council desires and commits to, and hereby directs the
City Manager to develop a plan to meet the holding periods required under
Sections 31108,31752,31752.5, and 31754, as added or amended by Chapter
752 of the Statues of 1998, on or before July 1, 2000, and to present that plan to
the City Council for consideration and adoption within sixty (60) days from the
date of adoption of this Resolution. The plan shall include a schedule of
implementation, and shall identify the funding source or sources for any
facilities that may have to be built in order for the public agency to comply with
the requirements of Chapter 752 of the Statues of 1998.
SECTION 4. In conjunction with said plan, the City hereby directs the Humane
Society to do the following:
A. Utilize existing animal shelter facilities and any new animal
shelter facilities to comply, to the extent possible, with the
holding periods required under Sections 31108, 31752, 31752.5,
and 31754, as amended or added by Chapter 752 of the Statues of
1998; and
B. Implement the required flexible operating hours in order to
increase the opportunity for owners to reclaim their pets and to
increase the opportunity for adoptions of impounded animals; and
C. Operate or establish a program for the adoption of animals; and
D. Release an animal scheduled to be euthanized to a nonprofit, as
defined in Section 501(c) (3) of the Internal Revenue Code,
animal rescue or adoption organization at the request of that
nonprofit organization, as provided by state law.
SECTION 5. The City Council hereby authorizes and directs the City Manager
to take any further actions that may be necessary or required in order to effect
this election and Resolution.
WHEREAS, staff is approved to enter into negotiations with the Humane
Society for an additional one-year extension to the existing field services,
sheltering, veterinary care, and animal licensing agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Campbell has approved of the public notice and findings of fact and
authorized staff to enter into negotiations with the Humane Society for a one-
year extension for animal services.
Page 4
PASSED AND ADOPTED this ~ day of August
the following vote:
, 1999, by
AYES:
Councilmembers Watson, Dougherty, Dean, Kennedy, Furtado
NOES:
Councilmembers None
ABSENT:
Cooncimembe~ &;\ ~
Daniel E. urtado, Mayor
~
one BYbee~