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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: ~~2Pt~.,~~J~.,~C~ ~" ~- CLEPJ~'OI' THE TO`T~N OF LOS GATOS LOS C~A_TC)S, CALIFORNIA .LOS GATOS, CALIFORNIA