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0778RESOLUTION NO. 778 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS SETTING FORTH FINDINGS OF FACT AND REVERSING THE ORDER OF THE CITY MANAGER TO REQUIRE THE CONFINEMENT OF A DOG (HAAKON) OWNED BY THE LORIGS, TO THE OWNERS' PROPERTY LOCATED AT 1 SPUR LANE THE CITY COUNCIL DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. On February 26, 1996, the City Council held a public hearing on an appeal filed by Mr. and Mrs. Fred Lorig (the dog owners) of the City Manager's findings and determination made pursuant to Rolling Hills Municipal Code Section 6.24.020 that the owners' dog, a Red/Brown Golden Retriever named "Haakon," participated in an attack on another animal and should be confined to the owners' property. Section 2. The chronology of basic facts that gave rise to the appeal are as follows: A. On Saturday, January 13, 1996, Dr. Duncan McBride and his wife Michelle McBride discovered two of their goats had apparently been killed in an attack. Mrs. McBride stated that she saw two Rottweiler dogs and one Golden Retriever dog standing over one of the dead goats. Mrs. McBride detained both Rottweiler dogs, but did not detain the Retriever. B. On January 17, 1996, Mrs. McBride filed an affidavit with the City of Rolling Hills stating that three dogs broke into a caged pen and together attacked and killed both goats. Her affidavit states that blood, open wounds and fresh saliva were found at the necks, belly and legs of the goats and that the three dogs were found by Mrs. McBride standing over one of the goats. Mrs. McBride took pictures of the two deceased goats. She was not, at that time, able to identify Haakon as the Retriever involved in the attack, and there is testimony that she expressly represented to the Lorigs that Haakon was not involved. C. On January 18, 1996, Ms. Helen Bosaz, an officer with the SPCA, the City's animal control agency, prepared, at the City Manager's behest, an "incident report" relating Mrs. McBride's statements and findings as set forth in paragraphs A and B above. D. On January 23, 1996, Mrs. McBride notified the SPCA that Haakon was on the McBride's property with the Rottweiler dogs which had been previously identified as the perpetrators; Mrs. McBride detained Haakon and turned him over to the SPCA. E. On January 29, 1996, the City Manager sent the Lorigs a letter that contained the City Manager's determination that the statements in the McBride Affidavit were true and that, pursuant to Rolling Hills Municipal Code, Haakon must be restricted and restrained on the Lorig property at all times. F. On February 6, 1996, Mr. Lorig wrote a letter to the City Manager objecting to the City Manager's determination and the manner in which the issue had been addressed by the City. He requested to appeal the matter to the City Council. In response, the City Manager set the matter for hearing before the City Council on Monday, February 26, 1996. Section 3. Notice of the February 26, 1996 hearing on the appeal was provided to the Lorigs at 1 Spur Road, Rolling Hills by hand delivery, certified mail and first class mail. Section 4. On Monday, February 26, 1996, the City Council held a duly noticed hearing on the Lorig appeal to the City Manager's determination that Haakon must be confined to the Lorig property. Attending the hearing were the Lorig family. Also in attendance was Lise Allard, a neighbor who jogs daily in the area of the attack and Officer Bosaz of the SPCA. The complainants, the McBrides, appeared only by a letter dated February 23, 1996. Resolution No. 778 -1- 1-1 Section 5. Based upon the oral and written evidence in the record, including the statements made during the hearing on appeal, the City Council makes the following findings: A. Haakon was possibly one of three dogs found on the McBride's property at the time the goats were first found to be dead on the morning of January 13, 1996. B. Mrs. McBride did not initially identify Haakon as being one of the perpetrators, even after viewing a picture of him on the day of the incident, but only did so after he appeared on the property on January 23. In his letter to the City of February 23, 1996, Dr. McBride is somewhat equivocal whether Haakon was actually involved in the attack and observes that he does not seem to be vicious or dangerous; he does express the desire that Haakon keep off his property. C. The SPCA indicates that Haakon is a friendly dog and not prone to vicious or defensive behavior when alone, but has a tendency to be a follower and run in packs with other dogs. The Lorigs testified that Haakon has never displayed hostility to any person or animal visiting their home, but is historically a gentle and friendly animal. Lise Allard testified that she jogs daily past 1 Spur Lane, sees Haakon often, and finds him unthreatening. D. The SPCA testified by letter that professional training could prevent Haakon from associating with the Rottweilers and running in packs. The Lorigs testified to their willingness to provide Haakon with such training. E. There was no evidence presented, either orally or in writing, that Haakon has ever displayed hostile or aggressive behavior around neighbors, family members, friends, workers or other people who come to the Lorig residence or that Haakon has any predisposition to aggressive or vicious behavior. The evidence is all to the contrary. Section 6. Based upon the oral and written evidence in the record of this matter and the findings contained in Section 5 of this Resolution, the City Council determines that there is insufficient evidence in the record to find that Haakon did attack one or more goats on the McBride property on January 13, 1996. At best, the evidence suggests that Haakon may have accompanied the Rotweilers involved in the attack. Based on this finding, the City Council reverses the decision of the City Manager issued on January 29, 1996 and, pursuant to Rolling Hills Municipal Code Section 6.24.020, determines and orders that the subject dog participate in a professional training program designed to keep him from running in packs and to keep him away from the area of the McBride property. Section 7. The City Clerk shall certify to the adoption of this Resolution and shall transmit a copy to all interested parties. PASSED, APPROVED and ADOPTED, this 11th day of March, 1996 ^ ey Pernell, D. . Mayor ATTEST: YYQ�,�� T .,I -� VVV --- ) Marilyn Ckern Deputy City Clerk Resolution, No. 778 - 2 - 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) The foregoing Resolution No. 778 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS SETTING FORTH FINDINGS OF FACT AND REVERSING THE ORDER OF THE CITY MANAGER TO REQUIRE THE CONFINEMENT OF A DOG (HAAKON) OWNED BY THE LORIGS, TO THE OWNERS' PROPERTY LOCATED AT 1 SPUR LANE was approved and adopted at a regular meeting of the City Council on March 11, 1996, by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Lay and Mayor Pernell. NOES: None. ABSENT: Mayor Pro Tem Murdock. ABSTAIN: None. Resolution No. 778 - 3 - 1Y 4/1' Marilyn L. Kern Deputy City Clerk