HomeMy WebLinkAboutMINUTES - 03021999 - C28-C30 TO: BOARD OF SUPERVISORS IOC-10 � Contra
FROM: *- / o �`�
INTERNAL OPERATIONS COMMITTEE ; Costa
` County
DATE: February 22, 1999S' rau
SUBJECT: ABOLISH THE ANIMAL WELFARE ADVISORY COMMITTEE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. ABOLISH the Animal Welfare Advisory Committee in view of the comments
and recommendations of the Director of Animal Services.
2. DIRECT the Clerk of the Board to advise all holders of the "Maddy Book'' to
remove the pages from their "Maddy Book" for the Animal Welfare Advisory
Committee.
BACKGROUND:
Our Committee has been reviewing the bodies which are listed in the"Maddy Book„
to determine which are mandated, which are optional and, where the Board of
Supervisors has jurisdiction to determine whether to retain the body, to determine
whether to abolish or change the size of the body.
From our initial review, it appears that the Animal Welfare Advisory Committee can
be abolished. The Committee has never met and the Director of Animal Services
points out that recent legislation at the State level will require that all adopted
animals be micro-chipped as of July 1, 1999, thereby rendering the purpose of the
Committee moot. The memo from the Director of Animal Services, a copy of SB
1755 and the pages from the "Maddy Book" are attached for the Board's ready
reference.
We are continuing to review other advisory bodies and will make further
recommendations in the future.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE
APPROVE THER
S NA URE S: ,,&r_, I�KWR'A IQUKI n-Inj A
ACTION OF BOARD ON Ame-sh 2, 1999 APPA*ED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT none -- ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: - OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED- Maren 2, 1999
Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
cc' SUPE ORS AND COUNTY ADMINISTRX7OR
Director of Animal Services ,
John Gregory, Deputy County Administrator '
BY
DEPUTY
Animal Services DepartmentNclhae�G.Ross
uontra Arima'.Services Director
4849 :rnhot`Place Costa
1 925 ez, Ca ?cr a 94553-4393
(325)646-2995 County
65' P ,,-_Shores Drive
Pinole,Ca `ornia 94554-2632 c�'E
(51,3)374
DATE. February 2, 1999
T0.- Claude Van Marter
Assistant County Administrator
FROM- Michael G. Ross
Director of Animal Services
SUBJECT- Your Memo of January 16, 1999 RE: Animal Welfare Advisory Committee
I would recommend that the Animal Welfare Advisory Committee be abolished. Supervisor
Bishop initially established the committee to advise on the micro-chip issue. She never
appointed anyone to the committee and its function has been rendered moot by Senate Bill 1'85
(Hayden' that requires us to micro-chip all adopted animals effective July 1, 1999.
Please let ane know if you need additional information.
MG12:jjp
< .. E,i
ANIMAL WELFARE ADVISORY COMMITTEE
MEMBERSHIP: Seven members knowledgeable and interested in animal
services.
ESTABLISHED: September 10, 1996
APPOINTED BY: Initially, Supervisor District III made recommendations, subject
to Board of Supervisors approval.
TERM: after the Committee studies issues relating to animal
microchipping and report to the Board, the Committee will
sunset.
FUNCTIONS: To study issues relating to animal microchipping .
REPORTS TO: Board of Supervisors
MEETING TIME:
COMPENSATION: Done
FOR INFORMATION CONTACT: Supervisor District III
REF:ANIMAL.1 REV:SEPTEMBER 16 1996
1
ANIMAL WELFARE
ADVISORY COMMITTEE
Representative Appointment Cate Term Expires
Rose Lernberg Oct 15, 1996
Contra Costa County Human Society
831 Balra Drive
El Cerrito 94530
Ruth Feldman Oct 15, 1996
Community Concern for Cats
22 Gary Way
Alamo 94507
Mike Paul, DVM Oct 15, 1996
Encina Veterinary Hospital
2803 Ygnacio Valley Road
Walnut Creels 94598
Carl Redman Oct 159 1996
Animal Rescue Foundation (ARF)
1950 Market Street, Ste H
Concord 94520
Gerry Dzendel9 DVM Oct 15, 1996
Orinda Veterinary Clinic
2 - M Orinda Way
Orinda 94563
Michael Ross Oct 15, 1996
Contra Costa Animal Services
4849 Imhoff Place
Martinez 94553
Glen Weber, DVM Oct 15, 1996
San Ramon Veterinary Hospital
2480 San Ramon Valley Blvd
San Ramon 94583
REF:Antmae.4 REV;Oct 22 1996
"Owl
Ch. 7519 § 6 STATUTES OF 1998
597y. _ 'olation of Section 597u, 597v, or 597w * * is a misdemeanor.
SEC. 7. Secti 5972 of the Penal Code is amended to read:
597z. (a) A humane cer appointed under Section 14502 of the C . rations Code or the
State Sealer may enter any cility utilizing a carbon monoxide chamber for the purpose
of inspecting the operation of facility to determine - her there is compliance with
Section 597u.
(b) This section shall remain in effect ntil January 1, 2000, and as of that date is
re ealed, unless a later enacted statute at enacted before Januar 1, 2000, deletes or
extends that date.
SEC. 8. No reimburseme ' required by this act p cant to Section 6 of Article XIII B
of the California Constitu ' n because the only costs that m be incurred by a local agency
or school district wi e incurred because this act creates new crime or infraction,
eliminates a trim r infraction, or changes the penalty for a crime infraction, within the
meaning of S on 17556 of the Government Code, or changes the defini of a crime within
the meani of Section 6 of Article XIII B of the California Constitution.
No thstanding Section 17580 of the Government Code, unless otherwise sp ied, the
P
sions of this act shall become operative on the same date that the act takes ffect
pursuant to the California Constitution.
ANIMALS—STRAYS—ANIMAL SHELTERS
CHAPTER 752
S.B. No. 1785
AN ACT to amend Sections 1815, 1816, 1834, 1845, 1846, 1847, and 2080 of, and to add Section 1834.4
to, the Civil Code, to amend Sections 31108, 81752, and 32001 of, to add Sections 17005, 17006,
31752.5, 31753, and 32003 to, and to add, repeal, and add Section 31754 of, the Food and
Agricultural Cade, and to amend Section 597.1 of, and to add Section 599d to, the Penal Code,
relating to stray animals.
[Approved by Governor September 22, 1998.i
[Fi.ed with Secretary of State September 23, 1998.]
'LEGISLATIVE COUNSEL'S DIGEST
SB 1785, Hayden. Stray animals: duties of pounds and shelters.
Existing law species the rights and duties of persons who find lost property of another or
who, either voluntarily or involuntarily, are the depositaries of the property of another.
Existing law provides that involuntary depositaries are entitled to no reward for the thing
deposited, however, finders are entitled to reasonable compensation for saving and taking
care of the property.
This bill would set forth the findings of the Legislature with respect to animal shelters,
humane organizations, lost or stray animals, and neuter programs, declare the policy of the
state with respect to adoptable and treatable animals, as specified, and set forth the intent of
the bill. The bill would (1) provide that (a) a person or public or private entity that holds a
stray, live animal shall be deemed an involuntary depositary; and (b) all depositaries of live
animals have a duty to provide them with necessary and prompt veterinary care, nutrition,
and shelter, and to treat them humanely and failure to do so may subject the depositary to
liability for civil damages; (2) authorize involuntary depositaries of live animals to accept
rewards, as specified; and (3) require a public depositary of a stray live animal to take charge
of it, as specified.
Existing law provides that no dog or cat impounded by a public pound or specified shelter
shall he killed before 72 hours have elapsed from the time of impounding.
)F '1998 1997-1998 REGULAR SESSION Ch. 752, § 1
This bill would, effective July 1, 1999, expand this minimum impound time to 4 or 6
business days, as specified, and would require that the animal be released to a nonprofit
animal rescue or adoption organization in certain circumstances, subject to specified excep-
e or the tions. The bill would also provide impounding time periods, and care, redemption, and
purpose adoption requirements applicable to other specified animals.
ice withExisting law requires public pounds and specified shelters to provide owners and finders of
date is lost animals with specified services to restore the lost animals to their owners. Existing law
specifies that these requirements are not mandatory duties and do not create a cause of
Metes or action against public entities or employees.
XIII P This bill would declare that the duty to provide these services is a mandatory duty for
public entities and their contractors. The bill would also require pounds and shelters to keep
` agencyk
traction,
records regarding impounded animals for 3 years after the animal's impoundment
rection,
thin the ends.
e within Because this bill would impose new duties on local officials, it would create a state-
mandated local program.
=zed, the The California Constitution requires the state to reimburse local agencies and school
:s effect districts for certain costs mandated by the state. Statutory provisions establish procedures
for making that reimbursement, including the creation of a State Mandates Claims Fund to
pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for
claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill
contains costs mandated by the state, reimbursement for those costs shall be made pursuant
to these statutory provisions.
The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares the following:
bn 1834.4 (1) Public and private shelters and humane organizations share a common purpose in
5, 17006, saving animals' lives, preventing animal suffering, and eliminating animal abandonment.
ood and (2) Public and private shelters and humane groups should work together to end euthanasia
:al Code, of adoptable and treatable animals by 2010.
(b) The Legislature finds and declares the following:
(1) Redemption of owned pets and adoption of lost or stray adoptable animals is preferable
to incurring social and economic costs of euthanasia.
(2) Shelters should be open during hours that permit working pet owners to redeem pets
during nonworking hours.
(3) Shelters should aggressively promote spay and neuter programs to reduce pet overpo-
other or pulation.
another. (4) Shelters should not adopt out animals that are not spayed or neutered.
.ie thing
taking (5) Public shelters should work with humane animal adoption organizations to the fullest
extent possible to promote the adoption of animals and to reduce the rate of killing.
shelters, (c) The intent of this act is to do all of the following:
y of the (1) Increase the focus of shelters to owner redemption and adoption by making recordkeep-
ntent of ing mandatory to aid in owner redemption, providing owner relinquished pets the same
holds a holding period as stray animals to allow for adoption, and providing for an explicit adoption
S of live period.
utrition, (2) Consolidate and list clear guidelines for care and treatment for animals held in shelters.
nary to
z accent (3) Extend public shelter responsibilities from dogs and cats to other legal pets.
charge (4) Make shelters accountable to pet owners and the public for records and the care of
animals in their possession.
shelter (5) Make clear that shelter responsibilities are the same as those legally assumed by a
person who voluntarily picks up an animal.
it
Ch. 7529 1 STATUTES OF 1998
(d) The Legislature finds and declares that statutory law prescribes the type of treatment
that private citizens must extend to stray animals they voluntarily pick up and that public and
private animal shelters should be held to the same legal duties as those that exist for private
citizens.
(e) The Legislature finds and declares that it is better to have public and private shelters
pick up or tape in animals than private citizens. The Legislature further finds that the taking
in of animals is important for public health and safety, to aid in the return of the animal to its
owner, and to prevent inhumane conditions for lost or free roaming animals.
(f) The Legislature finds and declares that shelters should be required by law to take in
lost animals and properly care for them with prompt veterinary care, adequate nutrition,
shelter, exercise, and water.
(g) The Legislature finds and declares that shelters receiving animals that have identifica-
tion should make reasonable attempts to notify the owner of the animal's location.
(h) The Legislature finds and declares that the duties of shelters to properly care for an
animal do not cease if the owner of a lost animal does not claim the animal, and the shelter
should have the duty to make the animal available for adoption for a reasonable period of time
and to care properly for the animal during this period.
(i) The Legislature finds and declares that lost animals should be held for a period of time
to ensure that the owner has proper access to redeem the animal.
SEC. 2. Section 1815 of the Civil Code is amended to read:
1815. * * An involuntary deposit is made.
(a) By the accidental leaving or placing of personal property in the possession of any
person, without negligence on the part of its owner * *
(b) In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emer-
gencies, by the owner of personal property committing it, out of necessity, to the care of any
person.
(c) By the delivery to, or pick qp by, and the holding of, a stray live animal by any person,
or public or private_entity.
SEC. 3. Section 1816 of the Civil Code is amended to read:
1816. * * * (a) The person or private_ entity with whom a thing is deposited in the
manner described in * * '" Section 1815 is bound to take charge of it, if able to do so.
(b) A public agency or shelter with whom a thing is deposited in the manner described in
Section 1815 is bound to take charge of it, as provided in Section. 597.1 of the Penal Code.
SEC. 4. Section 1834 of the Civil Code is amended to read:
1834. * * * A depositary of living animals shall provide * * * the animals with necessary
and prompt veterinary care, nutrition, and shelter, and treat them kindly. Any depositary
that fails to perform these duties may be liable for civil damages as provided by law.
SEC. 5. Section 1834.4 is added to the Civil Code, to read;
1834.4. (a) It is the policy of the state that no adoptable animal should be euthanized if it
can be adopted into a suitable home. Adoptable animals include only those animals eight
weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise
taken into possession, have manifested no sign of a behavioral or temperamental defect that
could pose a health or safety risk or otherwise make the animal unsuitable for placement as a
pet, and have manifested no sign of disease, injury, or congenital or hereditary condition that
adversely affects the health of the animal or that is likely to adversely affect the animal's
health in the future.
(b) It is the policy of the state that no treatable animal should be euthanized. A treatable
s animal shall include any animal that is not adoptable but that could become adoptable with
reasonable efforts. This subdivision, by itself, shall not be the basis of liability for damages
regarding euthanasia.
Q+ n" I RA- of tha (`'evil Code is amended to read:
1998 19371998 REGULAR SESSION Ch. 7529 § 12
;hent 1845. An involuntary deposit is gratuitous, the depositary being entitled to no
and reward. However, an involuntary depositary of any live animal may accept advertised
ivate rewards or rewards freely offered by the owner of the animal.
SEC. 7. Section 1846 of the Civil Code is amended to read:
Iters 1846. * * * (a) A gratuitous depositary must use, at least, slight care for the preservation
tking of the thing deposited.
;o its
(b) A gratuitous depositary'of a living animal shall provide the animal with necessary and
prompt veterinary care, adequate nutrition and water, and shelter, and shall treat it humanely
ce in ands if the animal has any identification, matte reasonable attempts to notify the owner of the
ition, animal's location. Any ,gratuitous depositary that does not have sufficient resources or desire
to provide that care shall promptly turn the animal over to an appropriate care facility.
.ifica- (c) If the gratuitous depositary of a living animal is a public pound, shelter operated by a
society for the prevention of cruelty to animals, or humane shelter, the depositary shall
)r an comply with all other reguirements of the Food and Agricultural Code regarding the
zelter impounding of live animals.
'time SEC. 8. Section 1847 of the Civil Code is amended to read:
1847. * * * The duties of a gratuitous depositary cease:
time * * * (a) Upon restoration by the depositary of the thing deposited to its owner
* * * (b) Upon reasonable notice given by the depositary to the owner to remove it, and
the owner failing to do so within a reasonable time. But an involuntary depositary, under
subdivision (b) of Section 1815, nay not give * * * notice until the emergency that gave rise
to the deposit is past. This subdivision shall not apply to a public pound,_a shelter operated
any by a society for the prevention of cruelty to animals, or a humane shelter. The duty to
provide care, as required by Section 1846, continues until the public pound or private shelter
,mer- is lawfully relieved of responsibility for the animal.
f any SEC. 9. Section 2080 of the Civil Code is amended to read.
2080. Any person who finds a thing lost is not bound to take charge of it, unless the
neon, person is otherwise required to do so by contract or law, but when the person does take
charge of it he or she is thenceforward a depositary for the owner, with the rights and
obligations of a depositary for hire. Any person * * orany public or private entity that
finds and takes possession of any money, goods, things in action, or other personal property,
7 the or saves any domestic animal from harm, neglect, drowning, or starvation, shall, within a
.o so. reasonable time, inform the owner, if known, and make restitution without compensation,
ed in except a reasonable charge for saving and taking care of the property. Any person who tapes
erode. possession of a live domestic animal shall provide for humane treatment of the animal.
SEC. 10. Section 17405 is added to the Food and Agricultural Code, to reads
ear 17005. (a) It is the policy of the state that no adoptable animal should be euthanized if it
,ice can be adopted into a suitable home. Adoptable animals include only those animals eight
law. weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise
taken into possession, have manifested no sign of a behavioral or temperamental defect that
could pose a health or safety risk or otherwise make the animal unsuitable for placement as a
d if it pet, and have manifested no sign of disease, injury, or congenital or hereditary condition that
eight adversely affects the health of the animal or that is likely to adversely affect the animal's
rwise health in the future.
that (b) It is the policy of the state that no treatable animal should be euthanized. A treatable
t as a animal shall include any animal that is not adoptable but that could become adoptable with
i that reasonable efforts. This subdivision, by itself, shall not be the basis of liability for damages
.mat's regarding euthanasia.
SEC. 11. Section 17006 is added to the Food and Agricultural Code, to read:
.table 17006. Animals that are irremediably suffering from a serious illness or severe injury
with shall not be held for owner redemption or adoption. Newborn animals that geed maternal
iages care and have been impounded without their mothers may be euthanized without being held
for owner redemption or adoption.
SEC. 12. Section 21108 of the Food and Agricultural Code is amended to read:
Ch. 752, § 12 STATUTES 4F 1998
31108. * * * (a) The required holding period for a stray dog impounded pursuant to this
division shall be * * * six business days, not including the day ofirnmpoundment, exceptt as
follows:
(1) If the pound or shelter has made the dog available for owner redemption on one
weekday evening until at least 7:00 12.m. or one weekend day, the holding period shall be four
business days not including the day of impoundment.
(2) If the pound or shelter has fewer than three full-time employees or is not open daring
all re lar weekday business hours and if it has established) a rocedure to enable owners to
reclaim their dogs by appointment ata mutually agreeable time when the po=und or shelter
would otherwise be closed the holding period shall be four business days, not including the
dad of impoundment.
Except as provided in Section 17006 stra dos shall be held for owner redeM tion durin
the first three da s of the holding period, not inelgiding the day of impoundment and shall be
available for owner redem tion or ado tion for the remainder of the holding period.
(b) Any stray flog that is impounded pursuant to this division shall, prior to the killing of
that animal for any reason other than irremediable suffering, be released to a nonprofit, as
defined) in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoration
organization if requested by the organization prior to the scheduled killing of that animal. In
addition to any required §p4y§p4or neuter deposit, the pound or shelter, at its disc_ ,pa
assess,a fee,not to exceed the standard adoption fee, for animals released.
SEC. 13. Section 31752 of the Food and Agricultural Code is amended to read:
31752. (a) The required holding period for a stray cat * * * impounded * '"
pursuant to this division shall be six business days, not including the day of
impoundment, except as follows: - - - -
(1) If the pound or shelter has made the cat available for owner redemption on one
weekday evening until at least 7:00 p.m. or one weekend day, the holding eriod shall be four
business days, not including the day of impoundment.
(2) If the pound or shelter has fewer than three full-time employees or is not open during
all regular weekdbusiness hours, and if it has established a procedure to enable owners to
reclaim their cats by appointment at a mutually agreeable time when the pound or shelter
would otherwise be closed the holding period shall be four business days, not including the
dAy of impoundment.'
Except as provided in Sections 17006 and 31752.5 stray cats shall be held for owner
redemption during the first three days of the boldin eriod, not includin the d4y of
im oundment and shall be available for owner redeln tion or adoption for the remainder of
the holding period.
(b) Any,stra cat that is jMpounded pursuant to this division shall riot to the killing of
that animal for as reason other than irremediable suffering, be releasedto a nonprofit, as
defined in Section 501(c)(3) of the Internal Revenue Code animal rescue or adoption
organization if requested by the organization prior to the scheduled killing of that animal. In
addition to any re uired s a or neuter deposit, the pound or shelter at its discretion may
assess a_fee, not to exceed the standard adoption fee, for animals released.
SEC. 14. Section 31752.5 is added to the Food and Agricultural Code, to read:
31752.5. (a) The .Legislature finds and declares the following:
(1) Domestic cats' temperaments range from completely docile indoor pets to completely
unsocialized outdoor cats that:avoid all contact with humans.
(2) "Feral cats" are cats with temperaments that are completely unsocialized, although
frightened or injured tame pet cats may appear to be feral.
y
(3) Some people care for or own feral cats.
(4) Feral cats pose particular safety hazards for shelter employees.
(5) It is cruel to keep feral cats caged for long periods of time; however, it is not always
OF 1998 1997--1998 REGULAR SESSION Ch. 752, § 17
ant to this (b) For the purposes of this section, a "feral cat" is defined as a cat without owner
except as identification of any kind whose usual and consistent temperament is extreme fear and
resistance to contact with people. A feral cat is totally unsocialized to people.
in on one (c) Notwithstanding Section 31752, if an apparently feral cat has not been reclaimed by its
all be four owner or caretaker within the first three days of the required holding period, shelter
personnel qualified to verify the temperament of the animal shall verify whether it is feral or
tame by using a standardized protocol. If the cat is determined to be docile or a frightened
Sen during or difficult tame cat, the cat shall be held for the entire required holding period specified in
owners to Section 31752. If the cat is determined to be truly feral, the cat may be euthanized or
lau shelter relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,
ding thethe animal adoption organization that agrees to the spaying or neutering of the cat if it has not
already been spayed or neutered. In addition to any required spay or neuter deposit, the
ion during pound or shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee,
A shall be for the animal released.
ag period. SEC. 15. Section 31753 is added to the Food and Agricultural Code, to read:
killing of 31753. Any rabbit, guinea pig, hamster, pot-bellied pig, bird, lizard, snake, turtle, or
nprofit as tortoise legally allowed as personal property impounded in a public or private shelter shall be
• adoption held for the same period of time, under the same requirements of care, and with the same
.nimal. In opportunities for redemption and adoption by new owners or nonprofit, as defined in Section
etion, may 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organizations as cats and
dogs. Section 17006 shall also apply to these animals. In addition to any required spay or
neuter deposit, the pound or shelter, at its discretion, may assess a fee, not to exceed the
ded * * standard adoption fee, for animals released to nonprofit animal rescue or adoption organiza-
ie day of tions pursuant to this section.
SEC. 16. Section 31754 is added to the Food and Agricultural Code, to read:
31754. (a) Except as provided in Section 17006, any animal relinquished by the purported
all
l be four on one owner that is of a species impounded by pounds or shelters shall be held for two full business
ldays, not including the day of impoundment. The animal shall be available for owner
redemption for the first day, not including the day of impoundment, and shall be available for
)en during owner redemption or adoption for the second day. After the second required day, the animal
owners to may be held longer, killed, or relinquished to a nonprofit, as defined in Section 501(c)(3) of the
or shelter Internal Revenue Code, animal adoption organization under the same conditions and circum-
!luding the stances provided for stray dogs and cats in Sections 31108 and 31752.
(b) This section shall become operative on July 1, 1999. This section shall become
for owner inoperative on July 1, 2001, and, as of January 1, 2002, is repealed, unless a later enacted
,he dam statute that is enacted before January 1, 2002, deletes or extends the dates on which it
minder of becomes inoperative and is repealed.
SEC. 16.5. Section 31754 is added to the Food and Agricultural Code, to read:
W killing of 31754. (a) Except as provided in Section 17006, any animal relinquished by the purported
>nprofit, as owner that is of a species impounded by pounds or shelters shall be held for the same holding
r adoption periods, with the same requirements of care, applicable to stray dogs and cats in Sections
inimal. In 31108 and 31755, except that the period for owner redemption shall be one day, not including
°etion ma the day of impoundment, and the period for owner redemption or adoption shall be the
remainder of the holding period.
(b) This section shall become operative on July 1, 2001.
SEC. 17. Section 32001 of the Food and Agricultural Code is amended to read:
completely 32001. All public pounds, * * * shelters operated by societies for the prevention of cruelty
to animals* * * , and humane shelters, that contract * * * to perform public animal control
services, shall provide the owners of lost animals and those who find lost animals with all of
although the following:
(a) Ability to list the animals they have lost or found on "Lost and Found" lists maintained
by the pound or shelter.
(b) Referrals to animals listed that may be the animals the owners or finders have lost or
not always found.
(c) The telephone numbers and addresses of other pounds and shelters in the same vicinity.
r
Ch. 752, § 17 STATUTES OF 1998
(d) Advice as to means of publishing and disseminating information regarding lost animals.
(e) The telephone numbers and addresses of volunteer groups that may be of assistance in
locating lost animals.
' The duties' imposed by this section * * * are mandatory * * * duties for public
entities for all purposes of the Government Code * * * and for all private entities with which
a public entity * * * has contracted to perform those duties.
SEC. 18. Section 32043 is added to the Food and Agricultural Code,to read:
132403. All public pounds and private shelters shall keep accurate records on each animal
taken up, medically treated, or impounded. The records shall include all of the following
information and any other information required by the California Veterinary medical Board:
(a) The date the animal was taken up, medically treated, euthanized, or impounded.
{ (b) The circumstances under which the animal was taken up, medically treated, euthanized,
s or impounded.
(c) The names of the personnel who took up, medically treated, euthanized, or impounded
the animal.
(d) A description of any medical treatment provided to the animal and the name of the
veterinarian of record.
(e) The final disposition of the animal, including the name of the person who euthanized the
animal or the name and address of the adopting party. These records shall be maintained for
three years after the date the animal's impoundment ends.
SEC. 19. Section 597.1 of the Penal Code is amended to read:
597.1. (a) Every owner, driver, or keeper of any animal who permits the animal to be in
any building, enclosure, lane, street, square, or lot of any city, county, city and county, or
judicial district without proper care and attention is guilty of a misdemeanor. Any peace
officer, humane society officer, or animal control officer shall take possession of the stray or
abandoned animal and shall provide care and treatment for the animal until the animal is
deemed to be in suitable condition to be returned to the owner. When the officer has
reasonable grounds to believe that very prompt action is required to protect the health or
safety of the animal or the health or safety of others, the officer shall immediately seize the
animal and comply with subdivision (f). In all other cases, the officer shall comply with the
provisions of subdivision (g). The cost of caring for and treating any animal properly seized
under this subdivision shall constitute a lien on the animal and the animal shall not be
returned to its owner until the charges are paid, if the seizure is upheld pursuant to this
section.
(b) Every sick, disabled, infirm, or crippled animal, except a dog or cat, that is abandoned
in any city, county, city and county, or judicial district may be killed by the officer if, after a
reasonable search, no owner of the animal can be found. It shall be the duty of all peace
officers, humane society officers, and animal control, officers to cause the animal to be killed
or rehabilitated and placed in a suitable home on information that the animal is stray or
abandoned. The officer may likewise take charge of any animal, including a dog or cat, that
by reason of lameness, sickness, feebleness, or neglect, is unfit for the labor it is performing,
or that in any other manner is being cruelly treated, and provide care and treatment for the
animal until it is deemed to be in a suitable condition to be returned to the owner. When the
officer has reasonable grounds to believe that very prompt action is required to protect the
health or safety of an animal or the health or safety of others, the officer shall immediately
seize the animal and comply with subdivision (f). In all other cases, the officer shall comply
with subdivision (g). The cost of caring for and treating any animal properly seized under
this subdivision shall constitute a lien on the animal and the animal shall not be returned to
its owner until the charges are paid.
(c) Any peace officer, humane society officer, or animal control officer shall convey all
a injured cats and dogs found without their owners in a public place directly to a veterinarian
known by the officer to be a veterinarian who ordinarily treats dogs and cats for a
determination of whether the animal shall be immediately and humanely destroyed or shall be
4/
1997-1998 REGULAR SESSION Ch. 7529 § 19
ials. If the owner does not redeem the animal within the locally prescribed waiting period, the
veterinarian may personally perform euthanasia on the animal. If the animal is treated and
nee in recovers from its injuries, the veterinarian may beep the animal for purposes of adoption,
provided the responsible animal control agency has first been contacted and has refused to
p!lb i take possession of the animal.
which Whenever any animal is transferred to a veterinarian in a clinic, such as an emergency
clinic that is not in continuous operation, the veterinarian may, in turn, transfer the animal to
an appropriate facility.
tnimal If the veterinarian determines that the animal shall be hospitalized under proper care and
owing given emergency treatment, the costs of any services that are provided pending the owner's
3oard: inquiry to the responsible agency, department, or society shall be paid from the dog license
fees, fines, and fees for impounding dogs in the city, county, or city and county in which the
animal was licensed or, if the animal is unlicensed, shall be paid by the jurisdiction in which
nized, the animal was found, subject to the provision that this cost be repaid by the animal's owner.
The cost of caring for and treating any animal seized under this subdivision shall constitute a
unded lien on the animal and the animal shall not be returned to the owner until the charges are
paid. No veterinarian shall be criminally or civilly liable for any decision that he or she
)f the makes or for services that he or she provides pursuant to this subdivision.
(d) An animal control agency that takes possession of an animal pursuant to subdivision (c)
A the shall keep records of the whereabouts of the animal * * * from the time of possession to the
3d for end of the animal's Impoundment, and those records shall be available for inspection by the
public upon request for three rears after the date the animal's impoundment ended.
(e) Notwithstanding any other provision of this section, any peace officer, humane society
officer, or any aminal control officer may, with the approval of his or her immediate superior,
y, in humanely destroy any stray or abandoned animal in the field in any case where the animal is
too severely injured to move or where a veterinarian is not available and it would be more
peaccee
`ay or humane to dispose of the animal.
nal is (f) Whenever an officer authorized under this section seizes or impounds an animal based
r has on a reasonable belief that prompt action is required to protect the health or safety of the
ith or animal or the health or safety of others, the officer shall, prior to the commencement of any
:e the criminal proceedings authorized by this section, provide the owner or keeper of the animal, if
h the known or ascertainable after reasonable investigation, with the opportunity for a postseizure
eized hearing to determine the validity of the seizure or impoundment, or both.
of be (1) The agency shall cause a notice to be affixed to a conspicuous place where the animal
this was situated or personally deliver a notice of the seizure or impoundment, or both, to the
owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include
coned all of the following:
Fter a (A) The name, business address, and telephone number of the officer providing the notice.
aeace
milled led (B) A description of the animal seized, including any identification upon the animal.
ay or (C) The authority and purpose for the seizure, or impoundment, including the time, place,
that and circumstances under which the animal was seized.
ming, (D) A statement that, in order to receive a postseizure hearing, the owner or person
r the authorized to keep the animal, or his or her agent, shall request the hearing by signing and
n the returning an enclosed declaration of ownership or right to beep the animal to the agency
t the providing the notice within 10 days, including weekends and holidays, of the date of the
ately notice. The declaration may be returned by personal delivery or mail.
mply (E) A statement that the cost of caring for and treating any animal properly seized under
nder this section is a lien on the animal and that the animal shall not be returned to the owner until
�d to the charges are paid, and that failure to request or to attend a scheduled hearing shall result
y all in liability for this cost.
Irian (2) The postseizure hearing shall be conducted within 48 hours of the request, excluding
or a weekends and holidays. The seizing agency may authorize its own officer or employee to
11 be conduct the hearing if the hearing officer is not the same person who directed the seizure or
impoundment of the animal and is not junior in rank to that person. The agency may utilize
Ch. 752' 19 STATUTES OF 1998
the services of a hearing officer from outside the agency for the purposes of complying with
this section.
(3) Failure of the owner or keeper, or of his or her agent, to request or to attend a
scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right to
challenge his or her liability for costs incurred.
(4) The agency, department, or society employing the person who directed the seizure shall
be responsible for the costs incurred for caring and treating the animal, if it is determined in
the postseizure hearing that the seizing officer did not have reasonable grounds to believe
very prompt action, including seizure of the animal, was required to protect the health or
safety of the animal or the health or safety of others. if it is determined the seizure was
justified, the owner or keeper shall be personally liable to the seizing agency for the cost of
the seizure and care of the animal, the charges for the seizure and care of the animal shall be
a lien on the animal, and the animal shall not be returned to its owner until the charges are
paid and the seizing agency or hearing officer has determined that the animal is physically fit
or the owner demonstrates to the seizing agency's or the hearing officer's satisfaction that the
i. owner can and will provide the necessary care.
(g) 'Where the need for immediate seizure is not present and prior to the commencement of
' any criminal proceedings authorized by this section, the agency shall provide the owner or
keeper of the animal, if known or ascertainable after reasonable investigation, with the
opportunity for a hearing prior to any seizure or impoundment of the animal. The owner
shall produce the animal at the time of the hearing unless, prior to the hearing, the owner has
made arrangements with the agency to view the animal upon request of the agency, or unless
the owner can provide verification that the animal was humanely destroyed. Any person who
willfully fails to produce the animal or provide the verification is guilty of an infraction,
punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one
thousand dollars ($1,000).
(?) The agency shall cause a notice to be affixed to a conspicuous place where the animal
was situated or personally deliver a notice stating the grounds for believing the animal should
be seized under subdivision (a) or (b). The notice shall include all of the following:
(A) The name, business address, and telephone number of the officer providing the notice.
(B) A description of the animal to be seized, including any identification upon the animal.
(C) The authority and purpose for the possible seizure or impoundment.
(D) A statement that, in order to receive a hearing prior to any seizure, the owner or
person authorized to keep the animal, or his or her agent, shall request the hearing by
signing and returning the enclosed declaration of ownersh=ip or right to keep the animal to the
officer providing the notice within two days, excluding weekends and holidays, of the date of
the notice.
(E) A statement that the cost of caring for and treating any animal properly seized under
this section is a lien on the animal, that an
aazimal seized shall not be returned to the owner
until the charges are paid, and that failure to request or to attend a scheduled hearing shall
result in a conclusive determination that the animal may properly be seized and that the
owner shall be liable for the charges.
(2) The preseizure hearing shall be conducted within 48 hours, excluding weekends and
holidays, after receipt of the request. The seizing agency may authorize its own officer or
employee to conduct the hearing if the hearing officer is not the same person who requests
the seizure or impoundment of the animal and is not junior in rank to that person. The
agency may utilize the services of a hearing officer from outside the agency for the purposes
of complying with this section.
(3) Failure of the owner or keeper, or his or her agent, to request or to attend a scheduled
hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge
. his or her liability for costs incurred pursuant to this section.
t (4) The hearing officer, after the hearing, may affirm or deny the owner's or keeper's right
�# to custody of the animal and, if reasonable grounds are established, may order the seizure or
impoundment of the animal for care and treatment.
1998 1997-1998 REGULAR SESSION Ch. 752, § 19
7 with (h) If any animal is properly seized under this section, the owner or keeper shall be
personally liable to the seizing agency for the cost of the seizure and care of the animal,
;end a Furthermore, if the charges for the seizure or impoundment and any other charges permitted
ght to under this section are not paid within, 14 days of the seizure, or, if the owner, within 14 days
of notice of availability of the animal to be returned, fails to pay charges permitted under this
section and take possession of the animal, the animal shall be deemed to have been abandoned
e steal; and may be disposed of by the impounding officer.
ned in
3elieve (i) If the animal requires veterinary care and the humane society or public agency is not
Ith or assured, within 14 days of the seizure of the animal, that the owner will provide the necessary
•e was care, the animal shall not be returned to its owner and shall be deemed to have been
°ost of abandoned and may be disposed of by the impounding officer. A veterinarian may humanely
tall be destroy an impounded animal without regard to the prescribed holding period when it has
es are been determined that the animal has incurred severe injuries or is incurably crippled. A
ally fit veterinarian also may immediately humanely destroy an impounded animal afflicted with a
.at the serious contagious disease unless the owner or his or her agent immediately authorizes
treatment of the animal by a veterinarian at the expense of the owner or agent.
:ent of 0) No animal properly seized under this section shall be returned to its owner until, in the
ner or determination of the seizing agency or hearing officer, the animal is physically fit or the
th the owner can demonstrate to the seizing agency's or hearing officer's satisfaction that the owner
owner can and will provide the necessary care.
er has (k) Upon the conviction of a person charged with a violation of this section, or Section 597
nnles or 597a, all animals lawfully seized and impounded with respect to the violation shall be
action, adjudged by the court to be forfeited and shall thereupon. be transferred to the impounding
officer or appropriate public entity for proper adoption or other disposition. A person
:n one convicted of a violation of this section shall be personally liable to the seizing agency for all
costs of impoundment from the time of seizure to the time of proper disposition. Upon
animal conviction, the court shall order the convicted person to make payment to the appropriate
should public entity for the costs incurred in the housing, care, feeding, and treatment of the seized
owing: or impounded animals. Each person convicted in connection with a particular animal may be
notice. held jointly and severally liable for restitution for that particular animal The payment shall
nixnal.
be in addition to any other fine or sentence ordered by the court
The court mE also order, as a condition of probation, that the convicted person be
prohibited from owning, possessing, caring for, or having any contact with, animals of aryy
ler or kind and require the convicted person to immediately deliver all animals in his or her
ng by possession'to a designated public entity for adoption or other lawful disposition or provide
to the proof to the court that the person no longer has possession, care, or control of any animals
late of In the event of the acquittal or final discharge without conviction of the arrested erson, the
court shall, on demand, direct the release of seized or impounded animals upon a showing of
under proof of ownership. Any questions regarding ownership shall be determined in a separate
owner hearing by the court where the criminal case was finally adjudicated and the court shall hear
shall testimony from any persons who may assist the court in determining ownership of the animal
at the If the owner is determined to be unknown or the owner is prohibited or unable to retain
possession of the animals for any reason, the court shall order the animals to be released to
Is and the appropriate public entity for adoption or other lawful disposition. This section is not
cer intended to cause the release of any animal, bird, reptile, amphibian, or fish, seized or
questis
Qs impounded pursuant to any other statute, ordinance, or municipal regulation. This section
Quests shall not prohibit the seizure or impoundment of animals as evidence as provided for under
The poses any other provision of law.
(l) * * * It shall be * * * the duty of all peace officers, humane society * * officers, and
!doled animal control officers to use all currently acceptable methods of identification, both electronic
Menge and otherwise, to determine the lawful owner or caretaker of any seized or impounded animal
It shall also be their duty to make reasonable efforts to notify the owner or caretaker of the
whereabouts of the animal and any procedures available for the lawful recovery of the animal
right and. upon the owner's and caretaker's initiation of—recoveKy procedures, retain custody of the
ire or animal for a reasonable period of time to allow for completion of the recovery process
Efforts to locate or contact the owner or caretaker and communications with persons claiming
✓" .Y°
Cit. 7029 § 19 STATUTES OF 1998
to be the owner or caretaker shall be * * recorded and maintained and be made available
far ublic " * inspection,
SFC. 20. Section 5994 is added to the Penal Code, to read:
599d. (a) It is the policy of the state that no adoptable animal should be euthanized if it
can be adopted into a suitable home. Adoptable animals include only those animals eight
weeps of age or older that, at or subsequent to the time the animal is impounded or otherwise
taken into possession, have manifested no sign of a behavioral or temperamental defect that
could pose a health or safety risk or otherwise make the animal unsuitable for placement as a
pet, and have manifested no sign of disease, injury, or congenital or hereditary condition that
adversely affects the health of the animal or that is likely to adversely affect the animal's
health in the future;
(b) It is the policy of the state that no treatable animal should be euthanized. A treatable
animal shall include any animal that is not adoptable but that could become adoptable with
reasonable efforts. This subdivision, by itself, shall not be the basis of liability for damages
regarding euthanasia.
SEC. 21. Sections 12 and 13 of this act shall become operative on July 1, 1999.
SEC. 2 . Notwithstanding Section 17610 of the Government Code, if the Commission on
State Mandates determines that this act contains costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the
statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from, the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the
provisions of this act shall become operative on the same date that the act takes effect
pursuant to the California Constitution.
TER RESOURCES-RECYCLED WATER SERVICE-
CUSTOMER AUTHORIZATION/
CHAPTER 753
S.B. No. 2
AN ACT to amend Sections 13 5, 13580, 13581, d 13582 of, and to add,Sections 13580.5, 13580.7,
13580.8, 13580.9, 13581.2, an 135$3 to, e Water Code, relating to recycled water service.
[Approve b overnor September 22, 1998.]
[Filed with ecr y of State September 23, 1998.1
EGISLATIVE OUNSEL'S DIGEST
SB 2103, Haynes. R . sled water,
(1) Existing law r later the use of recycled w er.
This bill wool stablish procedures for a custome to request recycled water service, for
establishing t rate for that recycled water service, or resolving disputes between the
customer a his or her retail water supplier, relating to he supply of that recycled water
service, d for enforcing those procedures. The bill w ld prescribe related matters,
(2) xisting law authorizes a retail water supplier that has entified a potential use or
c 'Omer to apply to a recycled water producer or wholesaler for a cycled water supply and
uthorizes a recycled water producer or wholesaler that has idem 'ed a potential use or
customer to request, in writing, a retail water supplier to enter into an eement to provide
recycled water to the potential customer.
This trill would authorize an entity responsible for groundwater replenishment, as defined,
that is a customer of a retail water supplier and that has identified the potential use of
TO: BOARD OF SUPERVISORS IOC-QIP � Contra
FROM:
INTERNAL OPERATIONS COMMITTEECosta
; -. . K
Count
,DATE: February 22, 1999 �r,`:•
SUBJECT: ADJUSTMENT TO THE COMPOSITION AND TERMS OF OFFICE OF THE
HAZARDOUS MATERIALS COMMISSION
SPECIFIC REQUESTS;OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. MOVE Kay McVay from the alternate to Environmental Seat #2 to be the
alternate to Environmental Seat#1 on the Hazardous Materials Commission.
2. CHANGE the expiration of the term of office for the alternate to
Environmental Seat #2 on the Hazardous Materials Commission from
December 31, 2001 to December 31, 1999.
3, DIRECT the Clerk of the Board to delete the seat on the Hazardous Materials
Commission for a member of the Board of Supervisors sine that seat was
deleted when the Board made appointments of its members to various
bodies on January 5, 1999.
4, DIRECT the Clerk of the Board to change the cover page for the "Maddy
Book" to reflect the actual number of members on the Hazardous Materials
Commission without alternates, since the alternates are not members of the
Commission.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
ra
ACTION OF BOARD ON Mar-Qb 2. 9 999 -_- - APPRQ1 E}7 AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
_UNANIMOUS(ABSENT none_ ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN,
ATTESTED March 2. 1999
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc; See Page 2 SUP VISORS AND COUNTY AL)M.:NIS T BATOR
s ,
BY DEPUTY
IOC-08
BACKGROUND:
The Hazardous Materiels Commission is trying to insure that the terms of office for
alternates to various members of the Hazardous Materials Commission coincide
with the member for whom the alternate is the alternate. In addition, the
Commission is asking that Kay McVay be moved from one alternate seat to
another. Finally, we have noted some technical adjustments that need to be made
to the "Maddy Book" to make it properly reflect actions already taken by the Board
of Supervisors.
cc: County Administrator
Elinor Blake, Executive Assistant to the Hazardous Materials Commission
John Gregory, deputy County Administrator
-2-
NOTICE
The following vacancies to which the Board of Supervisors will make
appointments now exist and applications therefore may be made in writing to the
Clerk, Board of Supervisors, County Administration Building, 651 Pine Street,
Martinez, CA 94553
BOARD, COMMISSION FILING DEADLINE
OR COMMITTEE
Hazardous Materials Commission March 8, 1999
Alternate to Environmental
Seat #2
I, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator,
hereby certify that, in accordance with Section 54974 of the Government Code, the
above notice of vacancy (vacancies) was posted on February 22, 1999.
ATTEST: Phil Batchelor, Clerk of
the Board of Supervisors and County
Administrator of the County of
Contra sta.
By:
Patricia Molloy, Depu Clerk
cc: Main Library
Documents Clerk
Delta 2000
#301,W. loth St.,
Antioch,CA 94509
Concord Library
2900 Salvio Street
Concord CA 94519
Attachment to Board Order
McVay
�l
10: - Beard of Supervisors Centra
FROM: Dennis M. Barry, AICP Costa
Community Development Director cin
ty
DATE: MARCH 2, 1999
SUBJECT: APPOINTMENTS TO THE HERCULES SPECIFIC PLAN STEERING COMMITTEE
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
REMMENDATIQNS
Appoint Supervisors Gayle B. Uilkema and John Gioia and County Planning Commissioner
Hyman Wong to the Hercules Specific Plan Steering Committee.
FISCAL IllP _T
Done.
BA CKGRQUOIREAKSS- RRECOMMENDATIONS
In February 1990, the City of Hercules, the County, and the property owners of the Franklin
Canyon Golf Course Property entered into an agreement to settle litigation surrounding the
property tax exchange agreement related to the annexation of the property to the City of
Hercules. The settlement agreement included a procedure agreed to by the parties under which
the development could proceed. Specifically, the parties agreed to the creation of a Specific
Plan Steering Committee to supervise the preparation of the Specific Plan. Membership in the
Committee included two members of the County Board of Supervisors, two members of the City
Council, one County Planning Commissioner, one City Planning Commissioner, and one
member appointed by the Committee. .
On January 27, 1993, Supervisors Smith and Powers were appointed to the Steering Committee
and on February 9, 1993, County Planning Commissioner Richard Clark was appointed to the
Committee.
The Committee met in early 1993 and approximately in June 1993. The City requested a pause
in the processing of the Specific Plan and no further meetings of the Committee were held.
Ownership of the property has changed hands and in January 1999, the City received a request
from the new owners to initiate the Specific Plan process. The County Administrator has
received a January 29, 1999 letter from Ken Dobbs, Hercules City Manager, requesting the
appointment of County members to the Franklin Canyon Specific Plan Steering Committee.
Accordingly, staff is recommending the appointments to the Committee consistent with the
provisions of the settlement agreement.
CONTINUED ON ATTACHMENT: YES SIGNATURE
ACTION OF BOARD ON March 2, 1999 APPROVED AS RECOMMENDED X OTHE
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE AND
X UNANIMOUS (ABSENT none CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN:- SUPERVISORS ON THE DATE SHOWN.
Contact: Dennis M. Barry, AICP (9251335-1276) ATTESTED March 21 "999
cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF THE
County Administrator BOARD OF SUPERVISORS AND
County CounselOUNTY ADMINISTRATOR
City of Hercules (via CDD)
Mr. Hyman Wong (via CDD) XA"11'AWr-j
BY DEPUTY
t'mb2 \FCSPSCte
rr
CITY OF HERCULES
Cr1 - ( 111 CIVIC DRIVE, HERCULES,CA 94547
s
• PHONE: 510 . 799 • 5200
� �
January 29, 1999
Phil Batchelor, County Administrator
Contra Costa County
651 Pine Street
Martinez, CA 94553
SUBJECT: Establishment of the Franklin Canyon Specific Plan Steering Committee
Dear Mr. Batchelor:
On January 25, 1999, the City of Hercules received an application from the owners of the
Franklin Canyon for a specific plan, general plan amendment and rezoning for their property.
As you know, the City, County and property owner for the Franklin Canyon entered into a
settlement agreement (attached) in 1991 which provides a framework for preparation of the
Franklin Canyon Specific Plan. One of the first steps to take, as part of plan preparation, is
to convene the Specific Plan Steering Committee as soon as practical since this committee
will provide general oversight for preparation of the Specific Plan.
The Agreement stipulates that "The Specific Plan Steering Committee is to be established
and shall be composed of the following seven members: two members of the County Board
of Supervisors, one member of the County Planning Commission, two members of the
Hercules City Council, one member of the Hercules Planning Commission, and one
member to be selected by the mutual agreement of the above City and County
representatives." The City's Committee members from the City Council and Planning
Commission will be designated and appointed soon. In the spirit of mutual cooperation, City
staff desires to meet with County staff to discuss the overall.process of plan preparation.
Further, f would request that you facilitate the appointment of the County members on this
important committee. Please feel free to call me directly at 510/799-8206 if you have any
questions or concerns as we begin work on this project.
Sincerely,
CONTRA COSTA WNW
RECEIVED
City Manager
Attachments FEB
cc:
Connie Jackson,Assistant City Manager (IFFICE OF
Franklin A.Dancy-Community Development Director C0 1 N j'i`A^),1,11N IS 'RATOR
Ment Salmi-Public Works Director
Matt Tomas,Senior Planner and Project Manager