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CC MINS 19980106MINUTES REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL JANUARY 6, 1998 The meeting was called to order at 6:10 p.m. by Mayor Barbara Ferraro. Roll call was answered as follows: Present: Byrd, Hollingsworth, Lyon, McTaggart and Mayor Ferraro Also present were City Attorney Carol Lynch, City Manager Paul Bussey, Administrative Services Director /City Clerk Jo Purcell, Senior Administrative Analyst Gina Park, and SPCA Animal Control Officer Chuck Maur. Appeal of Vicious Dog Determination (10.11X : 1101) City Attorney Lynch summarized the events leading to the appeal hearing involving a dog named Cinder, owned by Martin Canter. After numerous animal violations and orders to comply with the municipal code, Mr. Canter has continued to allow Cinder to run loose in the neighborhood. Cinder reportedly attacked four different individuals on separate occasions and two of the individuals were bitten and sustained injuries. On April 29, 1996 and May 12, 1997, dog hearings were conducted with determinations of "potentially dangerous" and "vicious ", respectively. On November 19, 1998, a third Dangerous Dog Hearing was conducted pursuant to Municipal Code Section 6.32.050. The Hearing Officer concluded that the dog, Cinder, was vicious and ordered Cinder to be removed from the City. The final staff determination was the subject of the appeal by Martin Canter. Senior Analyst Park presented the staff memorandum of January 6, 1998 and the recommendation to deny the appeal, thereby upholding the Hearing Officer's vicious dog determination dated November 20, 1997. Senior Analyst Park reported that Donald Dvorin was attacked and bitten by two dogs, Cinder and Buster, owned by Martin Canter. In addition, Senior Analyst Park confirmed that the appeal hearing notice was sent to Mr. Canter's residence and place of employment by registered mail on December 17, 1997. On December 19, 1997 another notice along with a copy of the staff report was sent registered mail to Mr. Canter's residence. The notice addressed to Mr. Canter's place of employment was returned with an explanation that it had been refused. The two notices sent to Mr. Canter's home address were not returned. Staff did not receive any communication from Mr. Canter prior to the appeal hearing besides his written plea to appeal. Donald Dvorin, P.O. Box 14201, Torrance, testified that on October 9, 1997, Cinder and another dog ran from 76 Rockinghorse Road and attacked him, while he was walking his dog along the opposite side of the street. Mr. Dvorin's testimony indicated that the dogs were unleashed and unattended as they ran from Mr. Canter's unsecured property. Mr. Dvorin sustained a bite on the back of his head he,believed the other dog caused and another bite to his forearm by Cinder. After the attack, Mr. Dvorin observed the dogs immediately return to Mr. Canter's residence and settle down. Mr. Dvorin described both dogs as being aggressive initiators of the attack. There was no evidence or testimony that Mr. Dvorin or his dog provoked the attack. Mr. Dvorin concurred with the staff s determination that the dog, Cinder, is vicious and should be removed from the City limits indefinitely. Martha Van Liere, 10 Stirrup Road, Rancho Palos Verdes, testified that prior to 1996, she experienced being chased by Cinder at least six times while walking near Mr. Canter's residence. In order to protect herself from being attacked, Ms. Van Liere was forced to take refuge at neighboring residences. Martha Van Liere's testimony indicated that Cinder was unleashed and unattended when the chases occurred. For the record, Ms. Van Liere read a written statement from Kristen Altar that described an attack by Cinder while Ms. Altar and her daughter were walking along Rockinghorse Road in November, 1995. Ms. Altar's written testimony indicated that the dog had threatened them and came very close several times to biting them. Two additional written statements were submitted for the record from Marie Treacy and Sherry Ammons describing their experience with Cinder. Ms. Treacy was a bite victim, who suffered injuries to her upper thigh on April 8, 1996 while walking on Rockin horse p g Rocking horse Ms. Treacy's testimony demonstrated that Cinder aggressively attacked her, barked ferociously and bared its teeth. On April 19, 1997 Ms. Ammons was attacked by Cinder while getting out of a car in her driveway. Ms. Ammons' testimony indicated that she has seen Cinder running at large several times during the past year and that Cinder poses a serious threat to public safety. There was no evidence or testimony that neither Ms. Treacy nor Ms. Ammons had made any aggressive moves toward the dog to provoke any of the incidents. Officer Chuck Mauri with the SPCA described the physical description of the two dogs owned by Mr. Canter to the City Council. Cinder was reported to be a black Labrador weighing 40 -50 pounds, six years in age and the more aggressive of the two dogs. The other dog, named Buster, is a Rottweiler and weighing approximately 80 pounds. In regards to Mr. Canter's previous non - compliance of installing proper fencing and securing the yard, Officer Mauri testified that the fencing of Mr. Canter's back yard was last inspected on May 27, 1997 and found to be secure and in appropriate condition. For the record, City Manager Paul Bussey testified that the notice of the appeal hearing g clearly stated the day of week, date, time and place for the hearing. City Council Minutes January 6, 1998 Page 2 Mayor Ferraro moved to close the public hearing. Council expressed that the degree of evidence strongly supports the Hearing Officer's determination and that the dog owner was irresponsible in allowing the situation to persist. The City Council consensus was that Cinder is vicious and kept in a manner that constitutes a menace or threat to any person lawfully walking in the immediate area adjacent to 76 Rockinghorse Road. Councilwoman Lyon moved, seconded by Councilman Byrd to deny the appeal of the vicious dog determination and uphold the Hearing Officer's determination and order that the dog be permanently removed from the City limits. The motion carried on the following roll call vote: Ayes: Lyon, Byrd, Hollingsworth, McTaggart and Mayor Ferraro Noes: None Recess & Reconvene: The meeting recessed at 7:20 P.M. and reconvened at 7:30 P.M. COMMITTEE INTERVIEWS (106 X 605 X 1808) Council interviewed candidates for the Cable TV Committee, and the Equestrian Committee. No action was taken. Adjournment: At 9:15 P.M. the meeting adjourned to 5:30 P.M. on January 20 for a continued public hearing on View Restoration Permit No. 37. and to interview any candidates that were unable to appear before the Council either on January 5 or 6, 1998. _ Mayor Attest: C' Clerk N: OUPICITYCLRKIMINUTEMCCMINS\010698CC .MIN City Council Minutes January 6, 1998 Page 3