HomeMy WebLinkAbout1999-193
RESOLUTION NO.
1999-193
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING CERTAIN
1 FINDINGS OF FACT CONCERNING HOLDING PERIODS FOR ANIMALS
2 IMPOUNDED BY THE CITY.
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WHEREAS, Sections 31108, 31752, 31752.5, and 31754, as amended or added by
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Chapter 752 of the Statutes of 1998, set forth certain minimum required holding periods for
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6 various animals; and
7 WHEREAS, Section 31755 of the Food and Agricultural Code permits that a public
8 agency that had a contract with another public or private entity to provide or receive animal
9 shelter services on January 1, 1999, may comply with the specific holding periods that were in
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effect on June 30, 1999, under certain conditions; and
WHEREAS, in order to comply with the holding periods in effect on June 30, 1999, the
public agency must make certain informational findings of local circumstances that form the
14 basis for this determination; and
WHEREAS, On January 1, 1999, the City had in effect a contract to provide animal
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16 control and shelter services to the city of Fontana, making the City eligible to comply with the
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June 30, 1999 holding requirements pursuant to Section 31755(a) of the Food and Agricultural
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Code;
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THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL AS
20 FOLLOWS:
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SECTION 1,
The Mayor and Common Council find and declare that the City,
23 'ndependently of, or in conjunction with, other animal ponnds or animal shelters, cannot
24 easonably comply with the longer holding periods required by Section 31108, 31752, 31752.5,
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d 31754, as amended or added by Chapter 752 of the Statutes of 1998 because of lack of
ufficient facilities.
1999-193
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING CERTAIN
1 FINDINGS OF FACT CONCERNING HOLDING PERIODS FOR ANIMALS
2 IMPOUNDED BY THE CITY.
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SECTION 2,
The Mayor and Common Council hereby find that the local
circumstances that form the basis for this determination include, but are not limited to:
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A. In Fiscal Year 1998-99, the City's Animal Control Division impounded 18,400 animals.
7 The number of animals impounded has risen each year, and is expected to rise in Fiscal
8 Year 1999-2000 to approximately 24,500 animals.
In Fiscal Year 1998-99, 16,649 animals were euthanized. It is estimated that the cost of
these euthanizations equals approximately $372,271.
In Fiscal Year 1998-99,2112 animals were adopted from the shelter or were reunited with
their owners, It is estimated that the cost of these services equals approximately $107,722.
The percentage of additional 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 Statutes of 1998 is approximately 39% for dogs and 19% for
cats.
In preparing the FY 1999-2000 Budget, the City was faced with a projected General Fund
budget deficit of $2,399,100, Despite this budget shortfall, the City increased the General
Fund transfer to the Animal Control fund by $51,900 in order to fund compliance with SB
1785 concerning the treatment of all sick or injured animals, as well as pre- and post-
seizure hearings for animals impounded against the owner's will, and compliance with AB
1856 concerning spaying and neutering of animals. These unfunded, state-mandated costs
have taxed the City financially, and no funds are reasonably available to meet the longer
holding periods.
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1999-193
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING CERTAIN
1 FINDINGS OF FACT CONCERNING HOLDING PERIODS FOR ANIMALS
2 IMPOUNDED BY THE CITY.
F. The extended holding periods will result in more animals being held at the animal
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shelter at any given time, and sufficient space does not currently exist at the shelter to hold
these increased numbers of animals.
SECTION 3.
The Mayor and Common Council direct the City Administrator
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7 or his designee to develop, within 60 days of the adoption of this resolution, a plan to meet the
8 holding periods required by Sections 31108, 31752, 31752,5, and 31754 as amended or added
9 by Chapter 752 of the Statutes of 1998, on or before July I, 2000. This plan shall include a
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schedule of implementation of the plan, and shall identifY the funding source or sources for any
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facilities that may have to be built in order for the City to comply with the requirements of
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Chapter 752 of the Statutes of 1998.
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SECTION 4.
The Mayor and Council hereby direct that the Animal Control
Division to utilize existing and any new animal shelter facilities to comply, to the extent
16 possible, with the holding periods required by Section 31108, 31752, 31752,5, and 31754 as
17 amended or added by Chapter 752 of the Statutes of 1998,
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SECTION 5.
The Mayor and Council further direct that the Animal Control
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Division continue to operate its program for the adoption of animals,
SECTION 6.
The Mayor and Council further direct the Director of Animal
22 Control or his/her designee to release an animal scheduled to be euthanized to a nonprofit, as
efined in Section 50 I (c )(3) of the Internal Revenue Code, animal rescue or adoption
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24 rganization at the request of that nonprofit organization, as provided by law, upon request.
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he Director of Animal Control is authorized to develop reasonable administrative procedures
hat will govern such releases.
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1999-193
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING CERTAIN
1 FINDINGS OF FACT CONCERNING HOLDING PERIODS FOR ANIMALS
2 IMPOUNDED BY THE CITY.
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SECTION 7.
The Mayor and Council find that current Animal Shelter hours of
operation (Tuesdays 10:00 a.m. to 7:00 p,m., Wednesday through Friday 10:00 a.m. to 5:00
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6 p.m., and Saturdays 10:00 a.m. to 4:30 p,m.) constitute flexible operating hours, and increase
7 the opportunity for owners to reclaim their pets, and for the adoption of impounded animals in
8 accordance with Section 31755(b) of the Food and Agricultural Code.
1999-193
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING CERTAIN
1 FINDINGS OF FACT CONCERNING HOLDING PERIODS FOR ANIMALS
2 IMPOUNDED BY THE CITY.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
3 joint
Common Council of the City of San Bernardino at a rpgnhr meeting thereof, held on the
, 1999, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
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x
x
x
x
x
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18 The foregoing resolution is hereby approved this
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22 pproved as to
orm and legal content:
~k,~
f /7t- day of August ,1999.
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o/~
AMES F. PENMAN,
ity ttorney
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