2000-044-Electing To Comply With Certain Animal Holding Periods Set Forth Under State Law In Effect On June 30,1999~ ~
R)SOLUTION 2000 - 44
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ELECTING TO COMPLY WITH CERTAIN ANIMAL HOLDING PERIODS SET FORTH
UNDER STATE LAW IN EFFECT ON JUNE 30, 1999., PURSUANT TO THE TERMS OF
AB 1482(ALQUIST) HOLDING PERIODS SET FORTH IN CHAPTER 752 OF STATUTES
OF 1998 OF THE STATE OF CALIFORNIA, AND AUTHORIZING THE TOWN MANAGER
TO TAKE ANY ACTIONS TO EFFECT THIS :ELECTION AND THE ACTIONS
CONTEMPLATED UNDER THTS RESOLUTION
WHEREAS, following a duly noticed public hearing, the'Town Council hereby declares and
state:
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 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 allows. 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 Town of Los Gatos (Town) 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 Town since 1996 through the present; and,
WHEREAS, the Humane .Society has .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 31109, 31752, 31752.5,
and 31754, as amended or added by Chapter 75.2 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 ,from ..July 1, 1998 though 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 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 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 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 Humane Society has informed the Town, andthe Town hereby determines,
based on informational findings of ocal 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 3 T754, as added or
amended by Chapter 7:52 of the Statutes of 1998, due to lack of sufficient facilities; and,
WHEREAS, the Town 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 31:108, 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 TOWN COUNCIL OF THE TOWN OF
LOS GATOS THAT:
SECTION 1: Pursuant to the .requirements of AB 1482, the Town Council hereby states that the
Town and the .Humane Society have entered into an agreement for the provision of animal control
.and animal sheltering services for the Town from 1996 through June 30, 2000.
SECTION 2: The Humane Society has informed the Town that the Town and the Town Council
hereby determines, based on informational- findings of local circumstances, that it cannot
independently or in conjunction with. other pounds or shelters 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 the lack of sufficient facilities.
.SECTION 3: 'The Town Council desires and commits to, and hereby directs the Town 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 ofthe Statutes of 1998, on or before July 1, 2000, and
to present that plan to the Town 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 for 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.
.SECTION 4: In conjunction with said plan, the Town 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;
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 eutha~ized to anon-profit, 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 Town Council hereby authorizes and directs the Town Manager to take any further
action(s) that may be necessary or required in order to .effect this election and Resolution.
NOW, THEREFORE, BE IT RESOLVED that the Town Council ofthe Town of Los Gatos
has approved of the public notice and findings of fact and authorized staff to enter into aone-year
extension to the existing animal control and sheltering services agreement.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 1st day of May, 2000 by the following vote.:
COUNCIL MEMBERS:
AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Przynsl~i,
Mayor .Steven Blanton.
NAYS : None
ABSENT: None
ABSTAIN: None
SIGN
ATTEST:
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CLEPJ~'OI' THE TO`T~N OF LOS GATOS
LOS C~A_TC)S, CALIFORNIA
.LOS GATOS, CALIFORNIA