HomeMy WebLinkAbout09-01-1999 Agenda Item 4ASARATOGA CITY COUNCIL
EXECUTIV SUMMARY NO..3 ~Q~AGENDA ITEM ~-~_
MEETING DATE: September 1, 1999 CITY MANAGER
ORIGINATING DEFT: Office of the City Manager
Paul/$~ ,e, Administrative Analyst
SUBJECT: Resolution implementing the provisions and requirements of AB 1482.
RECOMMENDED MOTION(S):
1, Conduct the public hearing.
2. Adopt the attached Resolution to implement the provisions and requirements of AB
1482.
REPORT SUMMARY:
On July 1, 1996, Saratoga, Campbell, Cupertino, Los Gatos, and Monte Sereno, as a City
Unit, entered into afour-year Anima 1Services Agreement with the Humane Society of
Santa Clara Valley for the provision of field, sheltering and dead animal services from
through June 30, 2000.
In late 1998, Governor Wilson signed SB 1785 (Hayden) addressing sheltering and care
of animals. The central provision of the bill increased the period of time from 2 to 5 days
that stray animals must be held in shelters before being euthanized. On July 12, 1999,
Governor Davis signed emergency legislation AB 1482 (Alquist), amending SB 1785 to
allow public entities having animal shelter contracts in place prior to January 1, 1999, a
one year delay in implementing the law. Since Saratoga has contracted with the Humane
Society since 1996 for the provision of sheltering services, the City is eligible to make the
findings necessary to qualify for a one year extension if certain specified conditions are
met.
The provisions of AB 1482 require the Council to hold a public hearing and to adopt a
Resolution containing findings justifying why the current sheltering provision levels will
not meet the SB 1785 extended animal sheltering requirements. The stipulations required
by AB 1482 are listed in the Resolution (Attachment 1). The Humane Society of Santa
Clara Valley provided information to address the statistical requirements in these
provisions. The bill also stipulates that within 50 days of adopting the Resolution, the
City must also adopt a plan to establish criteria for meeting the provisions of SB 1785,
which staff intends to bring to the Council by the required deadline.
FISCAL IMPACTS:
The Animal Agreement expenses totaling $58,702 have been included in the 1999/2000
budget.
ADVERTSING, NOTICING AND PUBLIC CONTACT:
A Public Hearing Notice was published in the August 1 S, 1999 issue of the Saratoga
News.
CONSEQUENCES OF NOT ACTING:
The City of Saratoga will be required to comply immediately with 5B 1785 (Hayden)
which requires longer holding periods prior to euthanizing animals.
ATTACHMENTS:
Resolution implementing the provisions and requirements of AB 1482.
RESOLUTION NO:
A RESOLUTION OF THE CITY COUNCII, OF THE CITY OF
%` SARATOGA TO COMPLY WITH CERTAIN ASIIMAL HOLDING
PERIODS SET FORTH UNDER STATE LAW IN EFFECT ON JUNE 30,
1999, PURSUANT TO THE TERMS OF AB1482 (ALQUIST) HOLDING
PERIODS SET FORTH IN CHAPTER 752 OF STATUTES OF 1998 OF
THE STATE OF CALIFORNIA, AND AUTHORIZING THE CITY
MANAGER TO TAKE ANY ACTIONS TO EFFECT THIS ELECTION
AND THE ACTIONS CONTEMPLATED UNDER THIS RESOLUTION.
WHEREAS, following a duly noticed public hearing, the City Council hereby
declares and states:
WHEREAS, CHAPTER 752 of the Statutes 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, AB 1482 (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, AB 1482 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
holding periods set forth under state law on June 30, 1999, under certain conditions; and
WHEREAS, the City of Saratoga (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
WI~REAS, 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 Statutes of 1998, in the current fiscal year; and
WHEREAS, the Humane Society euthanized twenty-two thousand two
hundred twenty-two (22,222) animals form 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
Page 2
WI-AREAS, the number of animals adopted or reclaimed by 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 dollazs
($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 to comply with the holding periods
required by Sections 31108, 31752, 31752.5, and 31754 as added or amended by
Chapter 752 of the Statutes of 1998, in the current fiscal year, is one hundred percent
(100%); and
WHEREAS, the percentage Humane Society has informed the City, and the
City hereby determines, based on informational findings of local circumstance, 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
Statutes of 1998, due to 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 added or amended by
Chapter 752 of the Statutes of 1998, on or before July 1, 2000.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCII,
OF THE CITY OF SARATOGA THAT:
SECTION l : Pursuant to the requirement of AB 1482, 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 3une 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 it cannot
independently or in conjunction with other animal pounds or shelters comply with holding
periods required under Sections 31108, 31752, 31752.5, and 31754 as added or amended
by Chapter 752 of the Statutes 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 Statutes of
1998, on or before July 1, 2000, and to present that plan to the City Council for
consideration and adoption within sixty days form the date 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 753 of the Statutes of 1998.
SECTION 4: In conjunction with said plan, the City hereby directs the
Humane Society to do the following:
A. Utilize the 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 added or amended
by Chapter 752 of the Statutes 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 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 Statutes 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 action(s) that may be necessary or required in order to effect this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga has approved of the public notice and findings of fact.
Page 4
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Saratoga this day of , 1999 by the following vote:
VOTE
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
BY:
MAYOR PRO TEM
City Clerk