1203 RESOLLTTION NO. 1203
AN AMENDMENT TO RESOLUTION NO. 1195 �F THE CITY
COUNCIL OF THE CITY OF ROLLING HILLS MODIFYIlVG THE
DECISION OF THE CITY MANAGER, FOLLOWING 'THE APPEAL
FIL,ED BY DR. JEFFREY OSTRIKER, WHICH ORDERED THE
CONFINEMENT OF AZUL T4 THE OSTRIKER PROPERTY.
The City Council of the City o�Rolting Hiils does hereby resolve and order as follows:
Section i. City Cozxncil Resolution No. 1195, enacted on November 28, 2016, modified the
decisian of the City Manager in the appeal filed by Dr. Jeffrey Ostriker ("Owner") and ordered the
confinement of Azul (a male spaniel mix) to 27 Caballeras Road ("Property") as follows: (1) Azul is
ordered confined to the Owner's Properry and shall be kept indoors at all times, except t1�at (2} Azul
may be al�owed outdoors, provaded that he is confined to a fitlly ericlosed, secure dog run with a
concrete pad; and (3} Azul shall not be walked outdoors off of the Owner's Property anywh�re within
the territorial boundaries of the City of Rolling Hills. The City Council retained jurisdiction over the
appeal for 90 days, during which time the City Manager was clirected to monitor Dr. Ostriker's
compliance with the conditions unposed by Resolution No. 1195.
Section 2. On January 23, 2017, the City Council heard a status report on Dr. Ostriker's
impl�mentation of the conditions set forth in Resolution No. 1195 from the City Manager and heard
testimony from the public regarding the Dr. Ostriker's compliance with Resolution 1195. During the
presentation of this evidence, the City Council learned that Dr. Qstriker had not constructed an enclosed
dog run, and that he did nat plan ta do so in the near future. At the meeting,Dr. Ostriker further testified
before Council that due to the requirement that Azul not be walked anywhere within the City, he is
currently placing Azut in his vehicle and transporting hirn outside of the City, twice a day, so that Azul
rnay relieve himself.
Section 3. Following the City Manager's report and the public testimony, including testimony
from Dr. Ostriker, the City Council reviewed and considered the information in the record, including
� evidence presented by Dr. Ostrikerand finds as follaws:
A. Jn the absence of a dog run, as conditioned by Resolution No. 1195, A.zuI can relieve himself
outdoors only if transported by automobiZe to a location outside the City. It is infeasible and
inhumane to limit .Azu1's ability to relieve himself ou#doors to the times when he is transported
out of the City via automobile, and only twice per day;
B. Dr. Ostri.ker's alterna�ive to constructing a dog run — limiting Azul's access to the outdoors to
those occasions when he is driven ta a location outside the City—does not account for unforseen
circumstances, such as inclement weather, emergencies, or illness on the part of either Dr.
Ostriker or Azul. Consequently, it is unrealistic, impractical and ultunately doomed to fail;
C. I# is inhumane to confine Azul to the interior of the Ostriker horne with the sole exception of
those occasions when he is driven outside the City; the only acceptable solution that advances
the City's goal o£protecting neighboring pets from Azul's aggressive and violent behavior and
pro�iding for well-being of the dog, is the construc�ion of a fully enc�osed dog run on the
property where Azul lives.
Sectaon 4. Consequently, and based on the foregoing, tl�e City Council hereby modifies Resolution
1195 as follows:
A. Azul is ordered confined to the interior of the horne on the Ostriker properiy and shall be kept
indoars at al1 times except when he is placed in the dog run constructed as ordered in paragraph
B below.
B. Dr. Ostriker shall construct a fiilly en.closed and secure dog run with a concrete pad on his
pxoperty within 45 days frarn the date of this Resolution.
C. Azui shall not be walked outdoors off the Ostriker properiy anywhere within the territorial
boundaries of the City of Rolling Hills.
D. Azu1 may be placed within a secured vehicle for the purposes of being �ansported outside of the
City.
ResoIution No. 1203 -1-
E. Any time Azul is being transferred to either the dog run or a secured vehicle, he rnust be leashed
and under the control af an adult capable of con�olling him.
Section�. The City Council reserves jurisdiction o�er this matter far 9Q days, during which time
the City Manager is directed to monitor Dr. Ostrilcer's compliance with the conditions imposed herein,
Should Dr. Ostriker not be in compliance, the City Manager shall schedule a hearing before the City
Council.
Section 5. The remedial provisions of this Resolution supersede the remedial provisions set forth
in Resolution No. 1195.
PASSED, APPROVED AND ADOPTED this 13�'day of February, 2017.
� �
Bea Dieringer
Mayor
ATT'EST:
r,
Heidi Luce
City Clerk
Resolution No. 1203 -2-
-�.
STATE OF CALIF'ORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1203 entitled:
AN AMENDMENT TO RESOLUTION NO. i 195 OF THE CITY
COUNCIL OF TI3E CITY OF ROLLING HILLS MODIFYING TI�
DECISION OF THE CITY MANAGER, FOLLOWING THE APPEAL
FILED BY DR. JEFFREY OSTRIKER, WHICH ORDERED THE
CONFINEMENT OF AZUL TO THE OSTRIKER PROPERTY.
was approved and adopted at a regular meeting of the City Council on February 13, 2017, by the
fallowing roll call vote:
AYES: Councilmembers Black,Mirsch,Pieper and Mayor Dieringer.
NOES: Councilmember Wilson.
ABSENT: None.
ABSTAIlV: None.
Heidi Luce
City Clerk
Resolution No. 1203 -3-