CC Resolution No. 99-266RESOLUTION NO. 99-266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ELECTING TO
COMPLY WITH CERTAIN ANIMAL 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 Caiifomia, mended 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
period as set forth under state law on June 30, 1999, under certain conditions; and
WHEREAS, the City of Cupertino (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 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 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 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 of cage space
Resolution No. 99-266 Page 2
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 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 Statutes 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CUPERTINO THAT:
SECTION 1: Pursuant to the requirements 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 fi.om 1996 through the June 30, 2000.
SECTION2: 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 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 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 (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
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; and
Re olution No. 99-266 Page
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 election and Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
has approved of the public notice and findings of fact and authorized staff to enter into a one-year
extension to the existing animal control and sheltering services agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7~ day of September, 1999 by the following vote:
VOTE
MEMBERS OF THE CITY COUNCIL
AYES: Bumett, Chang, Dean, Statton
NOES: None
ABSENT: James
ABSTAIN: None
ATTE/S~:
~ty Clerk
APPROVED: