REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution to Suspend Enforcement of Sunnyvale Municipal Code Section 6.05.010 Related to Imposing an Affirmative Duty to Impound Healthy Stray Cats
Report
BACKGROUND
The Humane Society of Silicon Valley (HSSV) has served as the City of Sunnyvale’s animal services provider under a 20-year agreement since April 19, 2007. This agreement included shelter, animal, veterinarian, and after-hours emergency animal services. On October 8, 2019, the City Council adopted Ordinance No. 3146-19, which comprehensively revised Title 6 of the Sunnyvale Municipal Code related to animals and included SMC 6.05.010, which provides that Animal Control Officers shall impound all stray animals, creating an affirmative duty of staff to seize loose animals.
On December 18, 2024, a fire impacted HSSV’s Milpitas facility, rendering it non-operational. On January 28, 2025, HSSV notified the City of its intent to terminate services effective February 1, 2025. Following this notification, the City solicited information from qualified service providers on an emergency basis to fulfill the immediate need for these critical animal services so as not to interrupt service delivery in the city. The selected emergency vendor, the County of Santa Clara, can fulfill the majority of the needs previously fulfilled by HSSV, however, cannot accommodate the City's obligations to impound healthy, stray cats as required by SMC Section 6.05.010.
SMC Section 6.05.010 requires Animal Control Officers to take specific actions when encountering all stray animals, and despite staff’s best efforts to locate a vendor that can fulfill all duties under the SMC, staff was unable to contract with such a service provider on an emergency basis. The City’s emergency vendor can fulfill all animal control needs in the city with the exception of impounded stray, healthy cats, therefore the suspension of this code section is necessary to maintain current service capabilities.
While enforcement of this code section is suspended, staff will monitor performance and animal shelter needs under the emergency agreement with the County of Santa Clara and will begin a formal procurement process for a long-term vendor to fulfill all of the City’s animal services needs.
EXISTING POLICY
SMC 6.05.010 Stray animals - Impoundment: The animal control officer shall take up and impound all stray animals.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines 15378(b)(5) because it is a governmental, organizational, or administrative activity that will not result in direct or indirect physical changes to the environment.
FISCAL IMPACT
None.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Adopt a Resolution to suspect enforcement of Sunnyvale Municipal Code Section 6.05.010 related to impoundment of healthy, stray cats.
2. Other Council direction.
RECOMMENDATION
Recommendation
Alternative 1: Adopt a Resolution to suspend enforcement of Sunnyvale Municipal Code Section 6.05.010 related to impoundment of healthy, stray cats.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Peter Hoang, Sr. Management Analyst
Reviewed by: Phan Ngo, Director, Public Safety
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Resolution